,i #aafth ,,congress #b;d ,session ,h4 ,r4 #hceb ,,in ,,the ,,house ,,of ,,representatives ,september #bc1 #bjbj ,ms4 ,bass 7for herself1 ,ms4 ,norton1 ,ms4 ,waters1 ,mr4 ,bishop of ,georgia1 ,mr4 ,clyburn1 ,mr4 ,hastings1 ,ms4 ,johnson of ,texas1 ,mr4 ,rush1 ,mr4 ,scott of ,virginia1 ,mr4 ,thompson of ,mississippi1 ,ms4 ,jackson ,lee1 ,mr4 ,danny ,k4 ,davis of ,illinois1 ,mr4 ,meeks1 ,ms4 ,lee of ,california1 ,mr4 ,clay1 ,mr4 ,david ,scott of ,georgia1 ,mr4 ,butterfield1 ,mr4 ,cleaver1 ,mr4 ,green of ,texas1 ,ms4 ,moore1 ,ms4 ,clarke of ,new ,york1 ,mr4 ,johnson of ,georgia1 ,mr4 ,carson of ,indiana1 ,ms4 ,fudge1 ,mr4 ,richmond1 ,ms4 ,sewell of ,alabama1 ,ms4 ,wilson of ,florida1 ,mr4 ,payne1 ,mrs4 ,beatty1 ,mr4 ,jeffries1 ,mr4 ,veasey1 ,ms4 ,kelly of ,illinois1 ,ms4 ,adams1 ,mrs4 ,lawrence1 ,ms4 ,plaskett1 ,mrs4 ,watson ,coleman1 ,mr4 ,evans1 ,ms4 ,blunt ,rochester1 ,mr4 ,brown of ,maryland1 ,mrs4 ,demings1 ,mr4 ,lawson of ,florida1 ,mr4 ,mc,eachin1 ,mr4 ,horsford1 ,mr4 ,neguse1 ,ms4 ,omar1 ,ms4 ,pressley1 and ,mr4 ,mfume7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committees on ,agriculture1 ,armed ,services1 the ,budget1 ,education and ,labor1 ,energy and ,commerce1 ,financial ,services1 ,foreign ,affairs1 ,homeland ,security1 ,house ,administration1 ,natural ,resources1 ,oversight and ,reform1 ,rules1 ,science1 ,space1 and ,technology1 ,small ,business1 ,transportation and ,infrastructure1 ,veterans' ,affairs1 and ,ways and ,means1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to advance black families in the #bast ,century4 #a4 ,short title ,this ,act may be cited as the ,jobs and ,justice ,act of #bjbj4 #b4 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4 ,sec4 #b4 ,table of contents4 ,division ,a--,jobs ,title ,i--,main ,street ,marshall ,plan ,subtitle ,a--,in ,general ,sec4 #ajaja4 ,short title4 ,sec4 #ajajb4 ,submission of data relating to diversity by issuers4 ,subtitle ,b--,infrastructure spending bills to include development programs that recruit and train individuals from communities with high unemployment rates ,sec4 #ajbja4 ,findings4 ,sec4 #ajbjb4 ,sense of ,congress4 ,subtitle ,c--,drinking ,water ,infrastructure for ,job ,creation ,sec4 #ajcja4 ,short title4 ,sec4 #ajcjb4 ,findings4 ,sec4 #ajcjc4 ,supplemental appropriations for the ,drinking ,water ,state ,revolving ,funds4 ,sec4 #ajcjd4 ,exemption from sequestration4 ,subtitle ,d--,build ,local1 ,hire ,local ,sec4 #ajdja4 ,short title4 ,sec4 #ajdjb4 ,findings4 ,sec4 #ajdjc4 ,definitions4 ,part #a--;,creating jobs and raising the quality of life in every community ,subpart ,a--,creating local jobs across the country ,sec4 #ajdaa4 ,targeted hiring requirements for construction jobs created by covered infrastructure programs4 ,sec4 #ajdab4 ,compliance with court orders4 ,subpart ,b--,rebuilding our infrastructure with ,american business ,sec4 #ajdba4 ,definitions4 ,sec4 #ajdbb4 ,increasing meaningful small business participation4 ,sec4 #ajdbc4 ,requiring meaningful participation from targeted businesses4 ,sec4 #ajdbd4 ,compliance with court orders4 ,sec4 #ajdbe4 ,expansion of ,small ,business ,administration surety bond program4 ,subpart ,c--,encouraging the use of ,u4,s4 ,employment ,plans and ,best-,value contracting analysis ,sec4 #ajdca4 ,creating a best-value analysis for ,federal expenditures on infrastructure1 use of ,u4,s4 ,employment ,plans1 and preferences for registered apprenticeship programs and neutrality in union organizing4 ,subpart ,d--,improving safety1 connectivity1 and access to better opportunities ,sec4 #ajdda4 ,accessibility data program4 ,sec4 #ajddb4 ,establishment of performance measures for transportation accessibility4 ,sec4 #ajddc4 ,technical assistance program4 ,sec4 #ajddd4 ,connect ,communities ,program4 ,part #b--,launching middle class career pathways in infrastructure ,sec4 #ajdea4 ,building ,american ,infrastructure and ,careers ,program4 ,sec4 #ajdeb4 ,infrastructure workforce equity capacity building program4 ,sec4 #ajdec4 ,authorization of appropriations4 ,part #c--;,investing in high-quality ,american jobs ,sec4 #ajdfa4 ,wage rate4 ,sec4 #ajdfb4 ,raise labor standards1 improve working conditions1 and strengthen workers' bargaining power4 ,sec4 #ajdfc4 ,buy ,america ,bureau4 ,subtitle ,e--,transportation ,infrastructure for ,job ,creation ,sec4 #ajeja4 ,short title4 ,sec4 #ajejb4 ,findings4 ,sec4 #ajejc4 ,supplemental appropriations for ,,build discretionary grant program4 ,sec4 #ajejd4 ,exemption from sequestration4 ,subtitle ,f--,stephanie ,tubbs ,jones ,assets for ,independence ,reauthorization ,act ,sec4 #ajfja4 ,short title2 reference4 ,sec4 #ajfjb4 ,findings4 ,sec4 #ajfjc4 ,sense of ,congress4 ,sec4 #ajfjd4 ,definitions4 ,sec4 #ajfje4 ,applications4 ,sec4 #ajfjf4 ,demonstration authority2 annual grants4 ,sec4 #ajfjg4 ,reserve ,fund4 ,sec4 #ajfjh4 ,eligibility for participation4 ,sec4 #ajfji4 ,deposits by qualified entities4 ,sec4 #ajfaj4 ,regulations4 ,sec4 #ajfaa4 ,annual progress reports4 ,sec4 #ajfab4 ,sanctions4 ,sec4 #ajfac4 ,evaluations4 ,sec4 #ajfad4 ,costs of training qualified entities4 ,sec4 #ajfae4 ,waiver authority4 ,sec4 #ajfaf4 ,authorization of appropriations4 ,sec4 #ajfag4 ,conforming amendments4 ,sec4 #ajfah4 ,general effective date4 ,subtitle ,g--,look-back ,elimination ,sec4 #ajgja4 ,short title4 ,sec4 #ajgjb4 ,findings4 ,sec4 #ajgjc4 ,elimination of the ,,afdc eligibility requirement in the foster care maintenance payments program4 ,sec4 #ajgjd4 ,sense of the ,congress4 ,subtitle ,h--,building ,up ,infrastructure and ,limiting ,disasters through ,resilience ,sec4 #ajhja4 ,short title4 ,sec4 #ajhjb4 ,definitions4 ,sec4 #ajhjc4 ,community ,resilience ,grant ,program4 ,sec4 #ajhjd4 ,national ,research ,center for ,resilience4 ,sec4 #ajhje4 ,annual programs report4 ,sec4 #ajhjf4 ,,gao reports4 ,sec4 #ajhjg4 ,funding4 ,subtitle ,i--,rebuild ,america's ,schools ,sec4 #ajija4 ,short title4 ,sec4 #ajijb4 ,definitions4 ,part #a--;,grants for the long-term improvement of public school facilities ,sec4 #ajiaa4 ,purpose and reservation4 ,sec4 #ajiab4 ,allocation to ,states4 ,sec4 #ajiac4 ,need-based grants to qualified local educational agencies4 ,sec4 #ajiad4 ,annual report on grant program4 ,sec4 #ajiae4 ,authorization of appropriations4 ,part #b--,school infrastructure bonds ,sec4 #ajiba4 ,restoration of certain qualified tax credit bonds4 ,sec4 #ajibb4 ,school infrastructure bonds4 ,sec4 #ajibc4 ,annual report on bond program4 ,part #c--;,general provisions ,sec4 #ajica4 ,allowable uses of funds4 ,sec4 #ajicb4 ,prohibited uses4 ,sec4 #ajicc4 ,green ,practices4 ,sec4 #ajicd4 ,use of ,american iron1 steel1 and manufactured products4 ,sec4 #ajice4 ,comptroller general report4 ,sec4 #ajicf4 ,study and report physical condition of public schools4 ,sec4 #ajicg4 ,development of data standards4 ,sec4 #ajich4 ,information clearinghouse4 ,part #d--;,impact aid construction ,sec4 #ajida4 ,temporary increase in funding for impact aid construction4 ,subtitle ,j--,rehabilitation of ,historic ,schools ,sec4 #aaaja4 ,short title4 ,sec4 #aaajb4 ,qualification of rehabilitation expenditures for public school buildings for rehabilitation credit4 ,subtitle ,k--,today's ,american ,dream ,sec4 #aabja4 ,job skills training for older individuals4 ,sec4 #aabjb4 ,extension of work opportunity tax credit for certain targeted groups4 ,sec4 #aabjc4 ,youth and summer jobs4 ,sec4 #aabjd4 ,youthbuild program4 ,sec4 #aabje4 ,tax credit for providing programs for students that promote economic and financial literacy4 ,sec4 #aabjf4 ,teacher recruiting4 ,sec4 #aabjg4 ,recidivism reduction working group4 ,sec4 #aabjh4 ,commendable release program4 ,sec4 #aabji4 ,increase in work opportunity tax credit for hiring qualified ex-felons4 ,sec4 #aabaj4 ,entrepreneurship apprenticeships4 ,sec4 #aabaa4 ,expansion of eligible programs4 ,subtitle ,l--,environmental ,health ,workforce ,sec4 #aacja4 ,short title4 ,sec4 #aacjb4 ,findings4 ,sec4 #aacjc4 ,model standards and guidelines for credentialing environmental health workers4 ,sec4 #aacjd4 ,environmental ,health ,workforce ,development ,plan4 ,sec4 #aacje4 ,environmental health workforce development report4 ,sec4 #aacjf4 ,public service loan forgiveness4 ,sec4 #aacjg4 ,definition4 ,subtitle ,m--#bast ,century ,,stem for ,girls and ,underrepresented ,minorities ,sec4 #aadja4 ,short title4 ,sec4 #aadjb4 ,grants to prepare girls and underrepresented minorities4 ,subtitle ,n--,women's ,equality ,workforce ,oversight ,sec4 #aaeja4 ,short title4 ,sec4 #aaejb4 ,,gao study4 ,sec4 #aaejc4 ,contents of study4 ,sec4 #aaejd4 ,report4 ,subtitle ,o--,jobs ,now ,sec4 #aafja4 ,short title4 ,sec4 #b4 ,grants to units of general local government4 ,subtitle ,p--,back to ,basics ,job ,creation ,sec4 #aagja4 ,short title4 ,sec4 #aagjb4 ,back to ,basics ,job ,creation grant program4 ,subtitle ,q--,veterans ,armed for ,success ,sec4 #aahja4 ,short title4 ,sec4 #aahjb4 ,grants for provision of transition assistance to members of the ,armed ,forces recently separated from active duty service4 ,subtitle ,r--,leveraging and ,energizing ,america's ,apprenticeship ,programs ,sec4 #aaija4 ,short title4 ,sec4 #aaijb4 ,credit for employees participating in qualified apprenticeship programs4 ,subtitle ,s--,opening ,doors for ,youth ,sec4 #abaja4 ,short title4 ,sec4 #abajb4 ,findings4 ,sec4 #abajc4 ,authorization of appropriations4 ,sec4 #abajd4 ,reservation of funds for administrative and other purposes4 ,sec4 #abaje4 ,summer employment opportunities for at-risk youth4 ,sec4 #abajf4 ,year-round employment for opportunity youth4 ,sec4 #abajg4 ,connecting-for-opportunities competitive grant program4 ,sec4 #abajh4 ,labor standards4 ,sec4 #abaji4 ,privacy4 ,sec4 #abaaj4 ,innovation and learning4 ,sec4 #abaaa4 ,evaluation and reports4 ,sec4 #abaab4 ,definitions4 ,subtitle ,t--,raise the ,wage ,sec4 #abbja4 ,short title4 ,sec4 #abbjb4 ,minimum wage increases4 ,sec4 #abbjc4 ,tipped employees4 ,sec4 #abbjd4 ,newly hired employees who are less than #bj years old4 ,sec4 #abbje4 ,publication of notice4 ,sec4 #abbjf4 ,promoting economic self-sufficiency for individuals with disabilities4 ,sec4 #abbjg4 ,general effective date4 ,sec4 #abbjh4 ,,gao report on the ,commonwealth of the ,northern ,mariana ,islands4 ,sec4 #abbji4 ,,gao ,report on ,wage ,increase ,impact4 ,subtitle ,u--,pay ,equity for ,all ,sec4 #abcja4 ,short title4 ,sec4 #abcjb4 ,prohibitions relating to prospective employees' salary and benefit history4 ,subtitle ,v--#bast ,century ,investment ,sec4 #abfja4 ,short title4 ,sec4 #abfjb4 ,increase in research credit for contracted research with ,united ,states businesses4 ,subtitle ,w--,protection of ,social ,security ,benefits ,restoration ,sec4 #abhja4 ,short title4 ,sec4 #abhjb4 ,protecting ,social ,security1 ,railroad retirement1 and ,black ,lung benefits from administrative offset4 ,subtitle ,x--,federal ,jobs ,guarantee ,development ,sec4 #abija4 ,short title4 ,sec4 #abijb4 ,job guarantee pilot program4 ,subtitle ,y--,blue ,collar to ,green ,collar ,jobs ,development ,sec4 #acaja4 ,short title4 ,part #a--,office of ,economic ,impact1 ,diversity1 and ,employment ,sec4 #acaaa4 ,name of office4 ,sec4 #acaab4 ,energy workforce development programs4 ,sec4 #acaac4 ,authorization4 ,part #b--;,energy workforce development ,sec4 #acaba4 ,energy workforce development4 ,sec4 #acabb4 ,energy workforce grant program4 ,sec4 #acabc4 ,definitions4 ,subtitle ,z--,workforce ,development ,tax ,credit ,sec4 #acbja4 ,short title4 ,sec4 #acbjb4 ,credit for wages paid to employees participating in qualified apprenticeship programs4 ,subtitle ,,aa--,expanding ,access to the ,workforce ,through ,dual ,enrollment ,sec4 #aceja4 ,short title4 ,sec4 #acejb4 ,grant program4 ,sec4 #acejc4 ,definitions4 ,subtitle ,,bb--,investing in ,tomorrow's ,workforce ,sec4 #acfja4 ,short title4 ,sec4 #acfjb4 ,tax credit for increasing worker training4 ,subtitle ,,cc--,direct loans to small business concerns ,sec4 #acgja4 ,direct loans to small business concerns4 ,subtitle ,,dd--,pilot program to fund local incubators ,sec4 #achja4 ,pilot program to fund local incubators4 ,subtitle ,,ee--,improving ,contract ,procurement for ,small ,businesses through ,more ,accurate ,reporting ,sec4 #acija4 ,short title4 ,sec4 #acijb4 ,reporting requirements for certain small business concerns4 ,subtitle ,,ff--,expanding ,broadcast ,ownership ,opportunities ,sec4 #adbja4 ,short title4 ,sec4 #adbjb4 ,findings4 ,sec4 #adbjc4 ,,fcc reports to ,congress4 ,sec4 #adbjd4 ,tax certificate program for broadcast station transactions furthering ownership by socially disadvantaged individuals4 ,sec4 #adbje4 ,incubator program4 ,sec4 #adbjf4 ,definitions4 ,subtitle ,,gg--,promote ,startups ,act ,sec4 #adcja4 ,short title4 ,sec4 #adcjb4 ,permanent increase of limitation on deduction for start-upand organizational expenditures4 ,subtitle ,,hh--,inspector ,general report on participation in ,,faa programs by disadvantaged small business concerns ,sec4 #adeja4 ,inspector ,general report on participation in ,,faa programs by disadvantaged small business concerns4 ,sec4 #adejb4 ,minority and disadvantaged business participation4 ,sec4 #adejc4 ,passenger facility charges4 ,sec4 #adejd4 ,annual tracking of certain new firms at airports with a disadvantaged business enterprise program4 ,sec4 #adeje4 ,audits4 ,subtitle ,,ii--,disabled ,access ,credit ,expansion ,sec4 #adfja4 ,short title4 ,sec4 #adfjb4 ,expansion of credit for expenditures to provide access to disabled individuals4 ,sec4 #adfjc4 ,alternative means of dispute resolution involving disability rights4 ,sec4 #adfjd4 ,,ada ,information ,line data collection report4 ,subtitle ,,jj--,,rescue ,act for ,black and ,community ,banks ,sec4 #adgja4 ,short title4 ,sec4 #adgjb4 ,regulation of ,black and ,community ,banks4 ,sec4 #adgjc4 ,codification of the ,minority ,bank ,deposit ,program4 ,sec4 #adgjd4 ,,gao ,studies4 ,sec4 #adgje4 ,definitions4 ,subtitle ,,kk--,small ,business ,start-up ,savings ,accounts ,sec4 #adhja4 ,short title4 ,sec4 #adhjb4 ,establishment of ,small ,business ,start-up ,savings ,accounts4 ,subtitle ,,ll--,small ,business ,development ,centers and ,women's ,business ,centers ,tax ,compliance ,costs ,sec4 #adija4 ,grants to small business development centers and women's business centers to address rising costs of tax compliance for small business concerns4 ,subtitle ,,mm--,hire ,a ,hero ,sec4 #aeaja4 ,short title4 ,sec4 #aeajb4 ,work opportunity credit to small businesses for hiring members of ,ready ,reserve or ,national ,guard4 ,sec4 #aeajc4 ,permanent extension of work opportunity credit for employers hiring qualified veterans and members of ,ready ,reserve and ,national ,guard4 ,subtitle ,,nn--,jobs1 ,on-the-,job ,earn-,while-,you-,learn ,training1 and ,apprenticeships for ,young ,african-,americans ,sec4 #aebja4 ,short title4 ,sec4 #aebjb4 ,findings and purpose4 ,sec4 #aebjc4 ,sense of ,congress4 ,sec4 #aebjd4 ,urging employment1 on-the-job training1 and apprenticeships for unemployed young ,african ,americans in rebuilding the ,nation's crumbling infrastructure4 ,subtitle ,,oo--,media ,diversity ,sec4 #aecja4 ,findings4 ,sec4 #aecjb4 ,sense of ,congress4 ,subtitle ,,pp--,federal ,jobs ,sec4 #aedja4 ,short title2 definitions4 ,sec4 #aedjb4 ,executive branch ,diversity and ,inclusion ,initiative and ,strategic ,plan4 ,sec4 #aedjc4 ,responsibilities of agencies4 ,sec4 #aedjd4 ,legislative and judicial branches4 ,sec4 #aedje4 ,diversity in ,government procurement and grantmaking4 ,subtitle ,,qq--,urban ,progress ,sec4 #aeeja4 ,short title 4 ,part #a--,sustainable ,community ,economic ,development ,subpart ,a--,rental ,assistance ,housing ,preservation and ,rehabilitation ,act ,sec4 #aeeaa4 ,short title4 ,sec4 #aeeab4 ,amendments to rental assistance demonstration4 ,subpart ,b--,hire ,for a ,second ,chance ,act ,sec4 #aeeba4 ,short title4 ,sec4 #aeebb4 ,extension and modification of work opportunity tax credit4 ,subpart ,c--,community ,investment and ,empowerment ,act ,sec4 #aeeca4 ,short title4 ,sec4 #aeecb4 ,purpose4 ,sec4 #aeecc4 ,economic growth1 retention1 and recruitment of commercial investment in underserved communities4 ,subpart ,d--,promote ,start-,ups ,act ,sec4 #aeeda4 ,short title4 ,sec4 #aeedb4 ,permanent increase of limitation on deduction for start-up and organizational expenditures4 ,subpart ,e--,community ,college to ,career ,fund ,act ,sec4 #aeeea4 ,short title4 ,sec4 #aeeeb4 ,community ,college to ,career ,fund4 ,subpart ,f--,youth ,summer ,jobs and ,public ,service ,act ,sec4 #aeefa4 ,short title4 ,sec4 #aeefb4 ,grants to ,states for summer employment for youth4 ,subpart ,g--,child ,poverty ,reduction ,act ,sec4 #aeega4 ,short title4 ,chapter #a--;,federal ,interagency ,working ,group on ,reducing ,child ,poverty ,sec4 #aeegb4 ,establishment of ,working ,group4 ,sec4 #aeegc4 ,national plan to reduce child poverty4 ,sec4 #aeegd4 ,other duties4 ,sec4 #aeege4 ,membership4 ,sec4 #aeegf4 ,director and staff4 ,sec4 #aeegg4 ,reporting requirements4 ,chapter #b--,workshops by ,national ,academy of ,sciences ,sec4 #aeegh4 ,requirement to enter into agreement with ,national ,academy of ,sciences4 ,sec4 #aeegi4 ,workshop topics4 ,sec4 #aeehj4 ,reporting requirement4 ,sec4 #aeeha4 ,authorization of appropriations4 ,chapter #c--;,definitions ,sec4 #aeehb4 ,definitions4 ,subpart ,h--,hunger-,free ,summers for ,children ,sec4 #aeeia4 ,summer ,,snap benefits for minor children who received free or reduced price school lunches4 ,sec4 #aeeib4 ,child tax credit increased for families under #aej percent of poverty line4 ,part #b--;,community ,policing ,subpart ,a--,fair ,chance for ,youth ,sec4 #aefja4 ,short title4 ,sec4 #aefjb4 ,expungement and sealing of youth criminal records4 ,sec4 #aefjc4 ,retroactive effect4 ,subpart ,b--,youth ,prison ,reduction through ,opportunities1 ,mentoring1 ,intervention1 ,support1 and ,education ,sec4 #aefaa4 ,short title4 ,sec4 #aefab4 ,definitions4 ,sec4 #aefac4 ,findings4 ,chapter #a--;,federal coordination of local and tribal juvenile justice information and efforts ,sec4 #aefad4 ,,promise ,advisory ,panel4 ,sec4 #aefae4 ,geographic assessment of resource allocation4 ,chapter #b--,promise ,grants ,sec4 #aefaf4 ,purposes4 ,subchapter ,a--,,promise ,assessment and ,planning ,grants ,sec4 #aefag4 ,,promise ,assessment and ,planning grants authorized4 ,sec4 #aefah4 ,,promise ,coordinating ,councils4 ,sec4 #aefai4 ,needs and strengths assessment4 ,sec4 #aefbj4 ,,promise ,plan components4 ,sec4 #aefba4 ,authorization of appropriations4 ,subchapter ,b--,,promise ,implementation ,grants ,sec4 #aefbb4 ,,promise ,implementation grants authorized4 ,sec4 #aefbc4 ,,promise ,implementation grant application requirements4 ,sec4 #aefbd4 ,grant award guidelines4 ,sec4 #aefbe4 ,reports4 ,sec4 #aefbf4 ,authorization of appropriations4 ,subchapter ,c--,general ,,promise ,grant ,provisions ,sec4 #aefbg4 ,nonsupplanting clause4 ,sec4 #aefbh4 ,grant application review panel4 ,sec4 #aefbi4 ,evaluation of ,,promise grant programs4 ,sec4 #aefcj4 ,reservation of funds4 ,chapter ,c--,,promise research centers ,sec4 #aefca4 ,establishment of the ,national ,research ,center for ,proven ,juvenile ,justice ,practices4 ,sec4 #aefcb4 ,grants for regional research proven practices partnerships4 ,subpart ,c--,safe ,streets and ,representative ,police ,forces ,sec4 #aefda4 ,short title4 ,sec4 #aefdb4 ,grants to increase the racial diversity of law enforcement agencies4 ,part #c--;,common ,sense ,gun ,violence ,prevention ,subpart ,a--,hadiya ,pendleton and ,nyasia ,pryear-,yard ,gun ,trafficking and ,crime ,prevention ,sec4 #aegja4 ,short title4 ,sec4 #aegjb4 ,firearms trafficking4 ,subpart ,b--,report on effects of gun violence on public health ,sec4 #aegaa4 ,report on effects of gun violence on public health4 ,sec4 #aegab4 ,prohibition on certain amendments to appropriations measures4 ,subpart ,c--,keeping ,guns from ,high-,risk ,individuals ,sec4 #aegba4 ,short title4 ,sec4 #aegbb4 ,firearm prohibitions applicable with respect to certain high-risk individuals4 ,subpart ,d--,strengthening ,gun ,checks ,act ,sec4 #aegca4 ,short title4 ,chapter #a--;,ensuring that all individuals who should be prohibited from buying a gun are listed in the ,national ,instant ,criminal ,background ,check ,system ,sec4 #aegcb4 ,states to make data electronically available to the ,national ,instant ,criminal ,background ,check ,system4 ,sec4 #aegcc4 ,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 law4 ,sec4 #aegcd4 ,adjudicated as a mental defective4 ,sec4 #aegce4 ,clarification that ,federal court information is to be made available to the ,national ,instant ,criminal ,background ,check ,system4 ,chapter #b--,requiring a background check for every firearm sale ,sec4 #aegcf4 ,purpose4 ,sec4 #aegcg4 ,firearms transfers4 ,sec4 #aegch4 ,lost and stolen reporting4 ,chapter #c--;,background ,check ,completion ,act ,sec4 #aegda4 ,short title4 ,sec4 #aegdb4 ,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 #c business days4 ,part #d--,mental ,health ,sec4 #aehja4 ,priority mental health needs of regional and national significance4 ,sec4 #aehjb4 ,annual report on adverse childhood experiences of certain children in communities facing civil unrest4 ,subtitle ,,rr--,transportation ,workforce ,modernization ,act ,sec4 #aeija4 ,short title4 ,sec4 #aeijb4 ,transportation ,worker ,retraining ,grant ,program4 ,sec4 #aeijc4 ,,gao study4 ,subtitle ,,ss--,skill and ,knowledge ,investments ,leverage ,leaders' ,untapped ,potential ,tax ,credit ,sec4 #afaja4 ,short title4 ,sec4 #afajb4 ,work opportunity tax credit for participation in qualifying work-based learning programs4 ,subtitle ,,tt--,saving ,our ,street ,sec4 #agaja4 ,short title4 ,sec4 #agajb4 ,grants to small businesses4 ,sec4 #agajc4 ,direct appropriation4 ,subtitle ,,uu--,veteran ,small ,business ,start-up ,credit ,sec4 #ahaja4 ,short title4 ,sec4 #ahajb4 ,veteran small business start-up credit4 ,title ,,ii--,social ,economic ,subtitle ,a--,commission to ,study and ,develop ,reparation ,proposals for ,african-,americans ,sec4 #bjaja4 ,short title4 ,sec4 #bjajb4 ,findings and purpose4 ,sec4 #bjajc4 ,establishment and duties4 ,sec4 #bjajd4 ,membership4 ,sec4 #bjaje4 ,powers of the ,commission4 ,sec4 #bjajf4 ,administrative provisions4 ,sec4 #bjajg4 ,termination4 ,sec4 #bjajh4 ,authorization of appropriations4 ,subtitle ,b--,today's ,american ,dream ,sec4 #bjbja4 ,short title4 ,part #a--,retail ,redlining and ,food ,deserts ,sec4 #bjbaa4 ,economic growth1 retention1 and recruitment of commercial investment in economically underserved communities4 ,sec4 #bjbab4 ,producer discretion to plant additional fruits and vegetables on base acres to alleviate food deserts without a resulting reduction in payment acres4 ,part #b--;,digital infrastructure ,sec4 #bjbba4 ,,gao report on ,federal efforts to expand broadband service4 ,part #c--;,direct lending ,sec4 #bjbca4 ,direct loans to small business concerns4 ,part #d--,new ,economy and ,innovation ,investment ,sec4 #bjbda4 ,commission on ,innovation4 ,sec4 #bjbdb4 ,pilot program to fund local incubators4 ,sec4 #bjbdc4 ,extension and improvement of new markets tax credit4 ,sec4 #bjbdd4 ,race to the ,shop4 ,part #e--;,expanded ,access to ,care ,sec4 #bjbea4 ,study on the uninsured4 ,sec4 #bjbeb4 ,volunteer dental projects and action for dental health program4 ,sec4 #bjbec4 ,critical access hospital improvements4 ,sec4 #bjbed4 ,community health center collaborative access expansion4 ,subtitle ,c--,minority ,bank ,deposit ,program ,sec4 #bjcja4 ,findings4 ,sec4 #bjcjb4 ,minority ,bank ,deposit ,program4 ,sec4 #bjcjc4 ,amendments to the ,community ,reinvestment ,act4 ,sec4 #bjcjd4 ,considerations when assessing financial inclusion for federally chartered financial institutions4 ,subtitle ,d--,ensuring ,diverse ,leadership ,sec4 #bjdja4 ,short title4 ,sec4 #bjdjb4 ,congressional ,findings4 ,sec4 #bjdjc4 ,federal reserve bank presidents4 ,sec4 #bjdjd4 ,technical adjustments4 ,subtitle ,e--,startup ,opportunity ,accelerator ,sec4 #bjeja4 ,short title4 ,sec4 #bjejb4 ,findings4 ,sec4 #bjejc4 ,funding for organizations that support startup businesses4 ,subtitle ,f--,new ,markets ,tax ,credit ,extension ,sec4 #bjfja4 ,short title4 ,sec4 #bjfjb4 ,permanent extension of new markets tax credit4 ,subtitle ,g--,extension of the ,caribbean ,basin ,economic ,recovery ,sec4 #bjgja4 ,short title4 ,sec4 #bjgjb4 ,extension of the ,caribbean ,basin ,economic ,recovery ,act4 ,subtitle ,h--,automotive ,jobs ,sec4 #bjhja4 ,short title4 ,sec4 #bjhjb4 ,study of well-being of ,united ,states automotive industry2 stay of action on certain investigation4 ,subtitle ,i--,revitalizing ,underdeveloped ,rural ,areas and ,lands ,sec4 #bjija4 ,short title4 ,sec4 #bjijb4 ,modification of income for purposes of determining tax-exempt status of certain mutual or cooperative telephone or electric companies4 ,subtitle ,j--,consumer ,financial ,education and ,empowerment ,sec4 #bajja4 ,short title4 ,sec4 #bajjb4 ,financial literacy grant program4 ,subtitle ,k--,department of ,homeland ,security ,mentor-,protg ,program ,sec4 #baaja4 ,short title4 ,sec4 #baajb4 ,department of ,homeland ,security mentor-protg program4 ,subtitle ,l--,borderland ,takings ,defense ,fund ,sec4 #babja4 ,short title4 ,sec4 #babjb4 ,defense fund for private landowners4 ,subtitle ,m--,examining ,educational ,redlining and ,lending ,act ,sec4 #bacja4 ,short title4 ,sec4 #bacjb4 ,assessment of certain educational data4 ,title ,,iii--,poverty ,alleviation ,subtitle ,a--#aj-bj-cj ,sec4 #cjaja4 ,short title4 ,sec4 #cjajb4 ,allocation of funds for assistance in persistent poverty counties4 ,subtitle ,b--,,eitc ,modernization ,sec4 #cjbja4 ,short title4 ,sec4 #cjbjb4 ,findings4 ,sec4 #cjbjc4 ,modifications of the earned income tax credit4 ,sec4 #cjbjd4 ,return preparation programs for low-income taxpayers4 ,subtitle ,c--,end ,diaper ,need ,sec4 #cjcja4 ,short title4 ,sec4 #cjcjb4 ,diaper distribution demonstration project4 ,sec4 #cjcjc4 ,improving access to diapers for medically complex children4 ,sec4 #cjcjd4 ,inclusion of diapers and diapering supplies as qualified medical expenses4 ,subtitle ,d--,closing the ,meal ,gap ,sec4 #cjdja4 ,short title4 ,sec4 #cjdjb4 ,amendments4 ,sec4 #cjdjc4 ,effective date2 application of amendments4 ,subtitle ,e--,american ,opportunity ,accounts ,sec4 #cjeja4 ,short title4 ,part ,i--,american opportunity accounts ,sec4 #cjeaa4 ,definitions4 ,sec4 #cjeab4 ,american ,opportunity ,fund4 ,sec4 #cjeac4 ,,ao accounts4 ,sec4 #cjead4 ,assignment1 alienation1 and treatment of deceased individuals4 ,sec4 #cjeae4 ,rules governing ,,ao accounts relating to investment1 accounting1 and reporting4 ,sec4 #cjeaf4 ,american ,opportunity ,fund ,board4 ,sec4 #cjeag4 ,fiduciary responsibilities4 ,sec4 #cjeah4 ,accounts disregarded in determining eligibility for ,federal benefits4 ,sec4 #cjeai4 ,reports4 ,sec4 #cjebj4 ,programs for promoting financial capability4 ,sec4 #cjeba4 ,tax treatment4 ,part ,,ii--,revenue provisions ,subpart ,a--,estate and gift tax provisions ,sec4 #cjeca4 ,modification of estate tax rate and basic exclusion amount4 ,sec4 #cjecb4 ,required minimum #aj-year term1 etc41 for grantor retained annuity trusts4 ,sec4 #cjecc4 ,certain transfer tax rules applicable to grantor trusts4 ,sec4 #cjecd4 ,simplifying gift tax exclusion for annual gifts4 ,sec4 #cjece4 ,modification of rules for value of certain farm real property4 ,subpart ,b--,reform of taxation of capital income ,sec4 #cjeda4 ,increase in capital gains rate4 ,sec4 #cjedb4 ,deemed realization of capital gains at time of gift or death4 ,sec4 #cjedc4 ,exclusion of certain amounts of realized capital gain4 ,sec4 #cjedd4 ,extension of time for payment of tax4 ,sec4 #cjede4 ,waiver of penalty for underpayment of estimated tax4 ,sec4 #cjedf4 ,effective date4 ,subtitle ,f--,low-,income ,water ,customer ,assistance ,programs ,sec4 #cjfja4 ,short title4 ,sec4 #cjfjb4 ,low-income drinking water assistance pilot program4 ,sec4 #cjfjc4 ,low-income wastewater assistance pilot program4 ,sec4 #cjfjd4 ,needs assessment for nationwide rural and urban low-income community water assistance program4 ,subtitle ,g--,worker ,relief and ,credit ,reform ,sec4 #cjgja4 ,short title4 ,sec4 #cjgjb4 ,expansion and improvement of earned income tax credit4 ,subtitle ,h--,school ,modernization and ,efficient ,access to ,lunches for ,students ,sec4 #cjhja4 ,short title4 ,sec4 #cjhjb4 ,expanding direct certification4 ,sec4 #cjhjc4 ,direct certification improvement grants and technical assistance4 ,sec4 #cjhjd4 ,enhancing the community eligibility option4 ,sec4 #cjhje4 ,enhancing direct certification4 ,sec4 #cjhjf4 ,state performance on enrolling children receiving program benefits for free school meals4 ,subtitle ,i--,protect ,,snap ,sec4 #cjija4 ,short title4 ,sec4 #cjijb4 ,preventing the changing of regulations governing waivers under the supplemental nutrition assistance program4 ,sec4 #cjijc4 ,restriction on ,federal funds4 ,subtitle ,j--,protections ,against ,poverty ,sec4 #cajja4 ,findings4 ,sec4 #cajjb4 ,sense of the ,house of ,representatives4 ,subtitle ,k--,,lift 7,livable ,incomes for ,families ,today7 the ,middle ,class ,sec4 #caaja4 ,short title4 ,sec4 #caajb4 ,establishment of middle class tax credit4 ,sec4 #caajc4 ,return preparation programs for low-income taxpayers4 ,sec4 #caajd4 ,sense of the ,house of ,representatives4 ,subtitle ,l--,financial ,inclusion in ,banking ,sec4 #cabja4 ,short title4 ,sec4 #cabjb4 ,office of ,community ,affairs duties with respect to under-banked1 un-banked1 and underserved consumers4 ,sec4 #cabjc4 ,discretionary surplus funds4 ,sec4 #cabjd4 ,determination of ,budgetary ,effects4 ,subtitle ,m--,investing in ,state ,energy ,sec4 #cacja4 ,short title4 ,sec4 #cacjb4 ,timing for distribution of certain financial assistance under the ,state energy program and the ,weatherization ,assistance ,program4 ,subtitle ,n--,pathways ,out of ,poverty ,sec4 #cadja4 ,findings4 ,sec4 #cadjb4 ,definitions4 ,sec4 #cadjc4 ,establishment of the ,federal ,interagency ,working ,group on ,reducing ,poverty4 ,sec4 #cadjd4 ,appointment and responsibilities of the ,director4 ,sec4 #cadje4 ,consultation4 ,sec4 #cadjf4 ,reports to ,congress and the public4 ,title ,,iv--,housing and ,asset ,building ,subtitle ,a--,affirming the right of all renters to a safe1 affordable1 and decent home ,sec4 #djaja4 ,findings4 ,sec4 #djajb4 ,sense of ,congress4 ,subtitle ,b--,ending ,homelessness ,sec4 #djbja4 ,short title4 ,sec4 #djbjb4 ,congressional findings4 ,sec4 #djbjc4 ,emergency relief funding4 ,sec4 #djbjd4 ,housing ,trust ,fund4 ,sec4 #djbje4 ,technical assistance funds to help states and local organizations align health and housing systems4 ,sec4 #djbjf4 ,permanent authorization of appropriations for ,mc,kinney-,vento ,homeless ,assistance ,act grants4 ,sec4 #djbjg4 ,permanent extension of ,united ,states ,interagency ,council on ,homelessness4 ,sec4 #djbjh4 ,emergency designation4 ,subtitle ,c--,tenant ,protection ,sec4 #djcja4 ,short title4 ,sec4 #djcjb4 ,tenant blacklisting4 ,subtitle ,d--,hardest ,hit ,housing ,sec4 #djdja4 ,short title4 ,sec4 #djdjb4 ,capital ,fund amounts for large public housing agencies4 ,sec4 #djdjc4 ,assistance to ,neighbor,works for mortgage foreclosure mitigation activities4 ,sec4 #djdjd4 ,incremental housing choice voucher assistance4 ,subtitle ,e--,,fha ,alternative ,credit ,pilot ,program ,reauthorization ,sec4 #djeja4 ,short title4 ,sec4 #djejb4 ,extension of pilot program4 ,subtitle ,f--,housing ,financial ,literacy ,sec4 #djfja4 ,short title4 ,sec4 #djfjb4 ,discount on mortgage insurance premium payments for first-time homebuyers who complete financial literacy housing counseling programs4 ,subtitle ,g--,young ,americans ,financial ,literacy ,sec4 #djgja4 ,short title4 ,sec4 #djgjb4 ,findings4 ,sec4 #djgjc4 ,authorization for funding the establishment of centers of excellence in financial literacy education4 ,subtitle ,h--,improving ,access to ,traditional ,banking ,sec4 #djhja4 ,short title4 ,sec4 #djhjb4 ,office for ,under-,banked and ,un-,banked ,consumers4 ,subtitle ,i--,fair ,lending ,for ,all ,sec4 #djija4 ,short title4 ,sec4 #djijb4 ,office of ,fair ,lending ,testing4 ,sec4 #djijc4 ,prohibition on credit discrimination4 ,sec4 #djijd4 ,criminal penalties for violations of the ,equal ,credit ,opportunity ,act4 ,sec4 #djije4 ,review of loan applications4 ,sec4 #djijf4 ,mortgage data collection4 ,subtitle ,j--,,lep ,data ,acquisition in ,mortgage ,lending ,sec4 #dajja4 ,short title4 ,sec4 #dajjb4 ,preferred language question4 ,subtitle ,k--,housing1 ,opportunity1 ,mobility and ,equity ,sec4 #daaja4 ,short title4 ,sec4 #daajb4 ,requirement for ,,cdbg grantees4 ,sec4 #daajc4 ,refundable credit for rent costs of eligible individuals4 ,sec4 #daajd4 ,refund to ,rainy ,day ,savings ,program4 ,subtitle ,l--,lead-,safe ,housing ,for ,kids ,sec4 #dabja4 ,short title4 ,sec4 #dabjb4 ,amendments to the ,lead-,based ,paint ,poisoning ,prevention ,act4 ,sec4 #dabjc4 ,authorization of appropriations4 ,subtitle ,m--,,grow ,affordable ,housing ,sec4 #dacja4 ,short titles4 ,sec4 #dacjb4 ,affordable housing allocations4 ,subtitle ,n--,expanding ,opportunity for ,m,d,is ,sec4 #dadja4 ,short title4 ,sec4 #dadjb4 ,establishment of ,financial ,agent ,mentor-,protg ,program4 ,subtitle ,o--,closing the ,racial ,wealth ,gap ,sec4 #daeja4 ,short title4 ,sec4 #daejb4 ,findings4 ,sec4 #daejc4 ,data collection on race and wealth4 ,subtitle ,p--,housing ,financial ,literacy ,sec4 #dafja4 ,short title4 ,sec4 #dafjb4 ,discount on mortgage insurance premium payments for first-time homebuyers who complete financial literacy housing counseling programs4 ,subtitle ,q--,rent ,relief ,sec4 #dagja4 ,short title4 ,sec4 #dagjb4 ,refundable credit for rent paid for principal residence4 ,subtitle ,r--,safe ,housing ,for ,families ,sec4 #dahja4 ,short title4 ,sec4 #dahjb4 ,carbon monoxide detectors in federally assisted housing4 ,subtitle ,s--,,covid-#ai ,mortgage ,relief ,sec4 #daija4 ,mortgage relief4 ,subtitle ,t--,improving ,,fha ,support for ,small ,dollar ,mortgages ,act ,sec4 #dbjja4 ,short title4 ,sec4 #dbjjb4 ,review of ,,fha small-dollar mortgage practices4 ,subtitle ,u--,rental ,eviction ,moratorium ,sec4 #dbaja4 ,short title4 ,sec4 #dbajb4 ,temporary moratorium on eviction filings4 ,title ,v--,education ,subtitle ,a--,computer ,science for ,all ,sec4 #ejaja4 ,short title4 ,sec4 #ejajb4 ,findings4 ,sec4 #ejajc4 ,definitions4 ,sec4 #ejajd4 ,grants to states1 local educational agencies1 and eligible ,tribal schools4 ,sec4 #ejaje4 ,reporting requirements4 ,subtitle ,b--,real ,education for ,healthy ,youth ,sec4 #ejbja4 ,short title4 ,sec4 #ejbjb4 ,purposes2 finding2 sense of ,congress4 ,sec4 #ejbjc4 ,grants for comprehensive sex education for adolescents4 ,sec4 #ejbjd4 ,grants for comprehensive sex education at institutions of higher education4 ,sec4 #ejbje4 ,grants for pre-service and in-service teacher training4 ,sec4 #ejbjf4 ,impact evaluation and reporting4 ,sec4 #ejbjg4 ,nondiscrimination4 ,sec4 #ejbjh4 ,limitation4 ,sec4 #ejbji4 ,amendments to other laws4 ,sec4 #ejbaj4 ,definitions4 ,sec4 #ejbaa4 ,funding4 ,subtitle ,c--,ronald ,v4 ,dellums ,memorial ,fellowship for ,women of ,color in ,,steam and ,national ,security ,sec4 #ejcja4 ,short title4 ,sec4 #ejcjb4 ,findings4 ,sec4 #ejcjc4 ,fellowship program4 ,subtitle ,d--,student ,support ,sec4 #ejdja4 ,short title4 ,sec4 #ejdjb4 ,school-based mental health and student service providers4 ,subtitle ,e--,expressing the sense of the ,house of ,representatives regarding the need for increased diversity and inclusion in the tech sector1 and increased access to opportunity in science1 technology1 engineering1 arts1 and mathematics 7,,steam7 education ,sec4 #ejeja4 ,findings4 ,sec4 #ejejb4 ,necessity of ,reducing and eliminating barriers for minorities in ,,steam4 ,subtitle ,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 ,sec4 #ejfja4 ,findings4 ,sec4 #ejfjb4 ,necessity of additional protections for ,,lgbt ,youth in schools4 ,subtitle ,g--,getting ,youth ,re-invested in ,environmental ,education ,now ,sec4 #ejgja4 ,short title4 ,sec4 #ejgjb4 ,findings4 ,sec4 #ejgjc4 ,grants authorized4 ,subtitle ,h--,america's ,college ,promise ,sec4 #ejhja4 ,short title4 ,sec4 #ejhjb4 ,purpose4 ,part #a--,,state ,,and ,,indian ,,tribe ,,grants ,,for ,,community ,,colleges ,sec4 #ejhaa4 ,in general4 ,sec4 #ejhab4 ,federal share2 non-,federal share4 ,sec4 #ejhac4 ,eligibility4 ,sec4 #ejhad4 ,applications4 ,sec4 #ejhae4 ,allowable uses of funds4 ,sec4 #ejhaf4 ,definitions4 ,sec4 #ejhag4 ,appropriations4 ,part #b--;,grants to ,historically ,black ,colleges and ,universities1 ,hispanic-,serving ,institutions1 ,asian ,american and ,native ,american ,pacific ,islander-,serving ,institutions1 ,tribal ,colleges and ,universities1 ,alaska ,native-,serving ,institutions1 ,native ,hawaiian-,serving ,institutions1 ,predominantly ,black ,institutions1 and ,native ,american-,serving ,nontribal ,institutions ,sec4 #ejhba4 ,pathways to student success for historically black colleges and universities4 ,sec4 #ejhbb4 ,pathways to student success for ,hispanic-serving institutions1 ,asian ,american and ,native ,american ,pacific ,islander-serving institutions1 tribal colleges and universities1 ,alaska ,native-serving institutions1 ,native ,hawaiian-serving institutions1 predominantly ,black institutions1 and ,native ,american-serving nontribal institutions4 ,sec4 #ejhbc4 ,definitions4 ,sec4 #ejhbd4 ,appropriations4 ,subtitle ,i--,go to ,high ,school1 ,go to ,college ,sec4 #ejija4 ,short title4 ,sec4 #ejijb4 ,college in ,high ,school ,federal ,pell ,grant ,pilot ,program4 ,subtitle ,j--,america ,,rising ,sec4 #eaaja4 ,short title4 ,sec4 #eaajb4 ,findings4 ,sec4 #eaajc4 ,establishment of ,america ,,rising program4 ,subtitle ,k--,cyber ,security ,education and ,federal ,workforce ,enhancement ,act ,sec4 #eabja4 ,short title4 ,sec4 #eabjb4 ,findings4 ,part #a--;,department of ,homeland ,security ,k-#ab ,excellence in ,science and ,technology ,sec4 #eabaa4 ,office of ,cybersecurity ,education and ,awareness4 ,sec4 #eabab4 ,science and technology initiative grants4 ,sec4 #eabac4 ,project-based learning program4 ,sec4 #eabad4 ,matching funds for ,state and privately financed science and technology after-school programs4 ,sec4 #eabae4 ,science and ,technology ,board of ,advisors4 ,sec4 #eabaf4 ,laboratories for science and technology excellence4 ,part #b--,post-,secondary ,computer and ,information ,security ,education ,sec4 #eabba4 ,computing and ,information ,research ,working ,group4 ,sec4 #eabbb4 ,process for adoption research and a best practices voluntary guidelines for laboratory facilities4 ,sec4 #eabbc4 ,computing and information security mentoring programs for college students4 ,sec4 #eabbd4 ,grants for computer equipment4 ,sec4 #eabbe4 ,centers of ,academic ,computing and ,information ,assurance4 ,part #c--;,federal ,workforce ,computer and ,information ,security ,professional ,development ,sec4 #eabca4 ,lifelong learning in computer and information security study4 ,sec4 #eabcb4 ,computer and information security job opportunities program4 ,sec4 #eabcc4 ,department of ,homeland ,security ,cybersecurity training programs and equipment4 ,sec4 #eabcd4 ,e-,security ,fellows ,program4 ,part #d--,research ,sec4 #eabda4 ,national ,science ,foundation study on science and technology student retention4 ,sec4 #eabdb4 ,challenge ,grants4 ,sec4 #eabdc4 ,e-,security ,fellows ,program4 ,subtitle ,l--,college ,student ,hunger ,sec4 #eacja4 ,short title4 ,sec4 #eacjb4 ,eligibility of students to participate in the supplemental nutrition assistance program4 ,sec4 #eacjc4 ,eligibility notification for students4 ,sec4 #eacjd4 ,communication of information on student eligibility for the supplemental nutrition assistance program4 ,sec4 #eacje4 ,demonstration pilot program4 ,sec4 #eacjf4 ,effective date4 ,subtitle ,m--,,campus ,,hate ,crimes ,sec4 #eadja4 ,short title4 ,sec4 #eadjb4 ,findings4 ,sec4 #eadjc4 ,hate crime prevention and response4 ,sec4 #eadjd4 ,clery ,act amendments4 ,sec4 #eadje4 ,program participation agreements4 ,sec4 #eadjf4 ,accrediting agency recognition4 ,subtitle ,n--,,hbcu ,capital ,financing ,improvement ,sec4 #eaeja4 ,short title4 ,sec4 #eaejb4 ,bond insurance4 ,sec4 #eaejc4 ,strengthening technical assistance4 ,sec4 #eaejd4 ,,hbcu ,capital ,financing ,advisory ,board4 ,subtitle ,o--,transition-to-,success ,mentoring ,sec4 #eafja4 ,short title4 ,sec4 #eafjb4 ,transition-to-,success ,mentoring ,program4 ,sec4 #eafjc4 ,table of contents4 ,subtitle ,p--,equity and ,inclusion ,enforcement ,sec4 #eagja4 ,short title4 ,sec4 #eagjb4 ,restoration of right to civil action in disparate impact cases under title ,,vi of the ,civil ,rights ,act of #aifd4 ,sec4 #eagjc4 ,designation of monitors under title ,,vi of the ,civil ,rights ,act of #aifd4 ,sec4 #eagjd4 ,special assistant for equity and inclusion4 ,subtitle ,q--,pell ,grant ,preservation and ,expansion ,sec4 #eahja4 ,short title4 ,sec4 #eahjb4 ,findings4 ,sec4 #eahjc4 ,references4 ,sec4 #eahjd4 ,funding ,federal ,pell ,grants through mandatory funding4 ,sec4 #eahje4 ,restoring ,federal ,pell ,grant eligibility for borrower defense4 ,sec4 #eahjf4 ,federal ,pell ,grant eligibility for ,d,r,e,a,mer students4 ,sec4 #eahjg4 ,repeal of suspension of eligibility under the ,higher ,education ,act of #aife for grants1 loans1 and work assistance for drug-related offenses4 ,sec4 #eahjh4 ,extending ,federal ,pell ,grant eligibility of certain short-term programs4 ,sec4 #eahji4 ,providing ,federal ,pell grants for ,iraq and ,afghanistan veteran's dependents4 ,sec4 #eahaj4 ,increasing support for working students by #ce percent4 ,sec4 #eahaa4 ,increasing the ,federal ,pell ,grant auto-zero threshold4 ,sec4 #eahab4 ,raising the total semesters of ,federal ,pell ,grant eligibility4 ,sec4 #eahac4 ,conforming amendments4 ,sec4 #eahad4 ,effective date4 ,subtitle ,r--,student ,loan ,debt ,relief ,sec4 #eaija4 ,short title4 ,sec4 #eaijb4 ,table of contents4 ,part #a--,loan ,discharge and ,forbearance ,sec4 #eaiaa4 ,loan discharge4 ,sec4 #eaiab4 ,automatic administrative forbearance2 halting of wage garnishment4 ,sec4 #eaiac4 ,staying and prohibition on commencement of actions for collection4 ,sec4 #eaiad4 ,ineligibility for ,treasury ,offset4 ,part #b--,refinancing ,programs ,sec4 #eaiba4 ,refinancing programs4 ,part #c--;,dischargeability of ,student ,loans in ,bankruptcy ,sec4 #eaica4 ,dischargeability of student loans in bankruptcy4 ,part #d--;,general ,provisions ,sec4 #eaida4 ,report on progress of implementation4 ,sec4 #eaidb4 ,notification to borrowers4 ,sec4 #eaidc4 ,inapplicability of title ,,iv negotiated rulemaking and master calendar exception4 ,sec4 #eaidd4 ,definitions4 ,subtitle ,s--,public ,funds for ,public ,schools ,sec4 #ebjja4 ,short title4 ,sec4 #ebjjb4 ,elimination of school voucher ,state tax credit loophole by limiting the double benefit of charitable contributions4 ,subtitle ,t--,ending ,,pushout ,sec4 #ebaja4 ,short title4 ,sec4 #ebajb4 ,purpose4 ,sec4 #ebajc4 ,strengthening civil rights data collection with respect to exclusionary discipline in schools4 ,sec4 #ebajd4 ,grants to reduce exclusionary school discipline practices4 ,sec4 #ebaje4 ,joint task force to end school pushout of girls of color4 ,sec4 #ebajf4 ,authorization of appropriation4 ,sec4 #ebajg4 ,definitions4 ,subtitle ,u--,parent ,,plus ,loan ,improvement ,sec4 #ebcja4 ,short title4 ,sec4 #ebcjb4 ,applicable rate of interest for ,,plus ,loans4 ,sec4 #ebcjc4 ,elimination of origination fee for ,parent ,,plus loans4 ,sec4 #ebcjd4 ,counseling for ,parent ,,plus borrowers4 ,sec4 #ebcje4 ,inclusion of parent ,,plus loans in income-contingent and income-based repayment plans4 ,subtitle ,v--,time for ,completion ,sec4 #ebdja4 ,short title4 ,sec4 #ebdjb4 ,consumer information about completion or graduation times4 ,subtitle ,w--,strength in ,diversity ,sec4 #ebeja4 ,short title4 ,sec4 #ebejb4 ,purpose4 ,sec4 #ebejc4 ,reservation for national activities4 ,sec4 #ebejd4 ,grant program authorized4 ,sec4 #ebeje4 ,applications4 ,sec4 #ebejf4 ,uses of funds4 ,sec4 #ebejg4 ,performance measures4 ,sec4 #ebejh4 ,annual reports4 ,sec4 #ebeji4 ,authorization of appropriations4 ,sec4 #ebeaj4 ,definitions4 ,subtitle ,x--,reverse ,transfer ,efficiency ,sec4 #ebfja4 ,short title4 ,sec4 #ebfjb4 ,release of education records to facilitate the award of a recognized postsecondary credential4 ,subtitle ,y--,supporting ,minority ,,stem ,student to ,career ,sec4 #ebgja4 ,short title4 ,sec4 #ebgjb4 ,minority science and engineering improvement program4 ,subtitle ,z--,,end ,,all ,hazing ,sec4 #ebhja4 ,short title4 ,sec4 #ebhjb4 ,findings4 ,sec4 #ebhjc4 ,hazing reporting requirements for institutions of higher education4 ,subtitle ,,aa--,report and ,educate ,about ,campus ,hazing ,sec4 #ebija4 ,short title4 ,sec4 #ebijb4 ,inclusion of hazing incidents in annual security reports4 ,sec4 #ebijc4 ,definition of hazing4 ,sec4 #ebijd4 ,recording of hazing incidents4 ,sec4 #ebije4 ,educational program on hazing4 ,subtitle ,,bb--,,stop ,campus ,hunger ,sec4 #ecjja4 ,short title4 ,sec4 #ecjjb4 ,student eligibility information for nutrition assistance programs4 ,subtitle ,,cc--,end ,pandemic ,hunger for ,college ,students ,sec4 #ecaja4 ,short title4 ,sec4 #ecajb4 ,,snap eligibility for low-income college students4 ,subtitle ,,dd--,supporting ,connectivity for ,higher ,education ,students in ,need ,sec4 #ecbja4 ,short title4 ,sec4 #ecbjb4 ,funds to support4 ,subtitle ,,ee--,black ,history is ,american ,history ,sec4 #eccja4 ,short title4 ,sec4 #eccjb4 ,findings4 ,sec4 #eccjc4 ,american history and civics education4 ,subtitle ,,ff--,,campus ,,hate ,crimes ,sec4 #ecdja4 ,short title4 ,sec4 #ecdjb4 ,findings4 ,sec4 #ecdjc4 ,hate crime prevention and response4 ,sec4 #ecdjd4 ,clery ,act amendments4 ,sec4 #ecdje4 ,program participation agreements4 ,sec4 #ecdjf4 ,accrediting agency recognition4 ,subtitle ,,gg--,educators ,expense ,deduction ,modernization ,sec4 #eceja4 ,short title4 ,sec4 #ecejb4 ,increase in deduction for certain expenses of elementary and secondary school teachers4 ,subtitle ,,hh--,beyond the ,box for ,higher ,education ,sec4 #ecfja4 ,short title4 ,sec4 #ecfjb4 ,findings4 ,sec4 #ecfjc4 ,beyond the box for higher education4 ,sec4 #ecfjd4 ,financial aid4 ,subtitle ,,ii--,united ,states ,territories ,college ,access ,sec4 #ecgja4 ,short title4 ,sec4 #ecgjb4 ,purpose4 ,sec4 #ecgjc4 ,college access grants4 ,subtitle ,,jj--,relief from ,excessive ,debt ,sec4 #ecija4 ,short title4 ,sec4 #ecijb4 ,exception to discharge4 ,sec4 #ecijc4 ,conforming amendments4 ,sec4 #ecijd4 ,effective date2 application of amendments4 ,subtitle ,,kk--,ending ,punitive1 ,unfair1 ,school-based ,harm that is ,overt and ,unresponsive to ,trauma ,sec4 #edjja4 ,short title4 ,sec4 #edjjb4 ,purpose4 ,sec4 #edjjc4 ,strengthening civil rights data collection with respect to exclusionary discipline in schools4 ,sec4 #edjjd4 ,grants to reduce exclusionary school discipline practices4 ,sec4 #edjje4 ,joint task force to end school pushout of girls of color4 ,sec4 #edjjf4 ,authorization of appropriation4 ,sec4 #edjjg4 ,definitions4 ,subtitle ,,ll--,building ,resources ,into ,digital ,growth and ,education ,sec4 #edaja4 ,short title4 ,sec4 #edajb4 ,establishment of program4 ,sec4 #edajc4 ,definitions4 ,subtitle ,,mm--,supporting ,trauma-,informed ,education ,practices ,sec4 #edcja4 ,short title4 ,sec4 #edcjb4 ,grants to improve trauma support services and mental health care for children and youth in educational settings4 ,subtitle ,,nn--,preparing and ,resourcing ,our ,student ,parents and ,early ,childhood ,teachers ,sec4 #eddja4 ,short title4 ,sec4 #eddjb4 ,table of contents4 ,sec4 #eddjc4 ,findings4 ,part #a--;,establishment of infant and toddler child care leadership grants ,sec4 #eddaa4 ,purpose4 ,sec4 #eddab4 ,definitions4 ,sec4 #eddac4 ,authorization of appropriations4 ,subpart ,a--,general provisions ,sec4 #eddba4 ,program authorized4 ,sec4 #eddbb4 ,application2 selection criteria4 ,sec4 #eddbc4 ,amount1 duration1 and administration of grants4 ,subpart ,b--,planning and implementation grants ,sec4 #eddca4 ,grants authorized4 ,sec4 #eddcb4 ,planning grants4 ,sec4 #eddcc4 ,access grants providing infant and toddler child care for community college or minority-serving institution student parents4 ,sec4 #eddcd4 ,impact grants4 ,sec4 #eddce4 ,pipeline grants4 ,sec4 #eddcf4 ,evaluation criteria for grants4 ,sec4 #eddcg4 ,report to ,congress4 ,sec4 #eddch4 ,nondiscrimination in programs and activities4 ,part #b--;,child ,care and ,development ,block ,grant ,program ,sec4 #eddda4 ,eligibility4 ,sec4 #edddb4 ,conforming amendments4 ,sec4 #edddc4 ,increased ,federal matching payments for child care4 ,part #c--,outreach regarding the dependent care allowance for ,federal student aid ,sec4 #eddea4 ,sharing dependent care allowance information for ,federal student aid4 ,subtitle ,,oo--,closing the ,college ,hunger ,gap ,sec4 #edeja4 ,short title4 ,sec4 #edejb4 ,questions on food and housing insecurity in ,national ,postsecondary ,student ,aid ,study4 ,sec4 #edejc4 ,information on ,,snap eligibility4 ,sec4 #edejd4 ,effective date4 ,subtitle ,,pp--,transparency in ,off-,campus ,housing ,act ,sec4 #edfja4 ,short title4 ,sec4 #edfjb4 ,institutional calculations for off-campus room and board4 ,subtitle ,,qq--,passport ,assistance for ,disadvantaged ,students ,act of #bjbj ,sec4 #edgja4 ,short title4 ,sec4 #edgjb4 ,demonstration program4 ,subtitle ,,rr--,,stem ,opportunities ,act ,sec4 #edhja4 ,short title2 findings4 ,sec4 #edhjb4 ,purposes4 ,sec4 #edhjc4 ,federal science agency policies for caregivers4 ,sec4 #edhjd4 ,collection and reporting of data on ,federal research grants4 ,sec4 #edhje4 ,policies for review of ,federal research grants4 ,sec4 #edhjf4 ,collection of data on demographics of faculty4 ,sec4 #edhjg4 ,cultural and institutional barriers to expanding the academic and ,federal ,,stem workforce4 ,sec4 #edhjh4 ,research and dissemination at the ,national ,science ,foundation4 ,sec4 #edhji4 ,research and related activities to expand ,,stem opportunities4 ,sec4 #edhaj4 ,tribal ,colleges and ,universities ,program4 ,sec4 #edhaa4 ,report to ,congress4 ,sec4 #edhab4 ,merit review4 ,sec4 #edhac4 ,definitions4 ,subtitle ,,ss--,student ,loan ,fairness ,act ,sec4 #edija4 ,short title4 ,sec4 #edijb4 ,findings4 ,sec4 #edijc4 #aj_/aj ,loan ,repayment and ,forgiveness4 ,sec4 #edijd4 ,capping interest rates for all ,federal ,direct loans4 ,sec4 #edije4 #aj_/aj ,loan ,repayment ,plan as plan selected by the ,secretary4 ,sec4 #edijf4 ,improving and expanding ,public ,service ,loan ,forgiveness4 ,sec4 #edijg4 ,refinancing private education loans for certain borrowers4 ,sec4 #edijh4 ,interest-free deferment of unsubsidized loans during periods of unemployment4 ,sec4 #ediji4 ,excluding loans forgiven under certain repayment programs from gross income4 ,subtitle ,,tt--,financial ,aid ,fairness ,for ,students ,act ,sec4 #eejja4 ,short title4 ,sec4 #eejjb4 ,findings4 ,sec4 #eejjc4 ,repeal of suspension of eligibility under the ,higher ,education ,act of #aife for grants1 loans1 and work assistance for drug-related offenses4 ,subtitle ,,uu--,supporting the ,teaching ,profession ,through ,revitalizing ,investments in ,valuable ,educators ,sec4 #eeaja4 ,short title and findings4 ,chapter #a--;,improving teacher support under the ,elementary and ,secondary ,education ,act of #aife ,sec4 #eeaaa4 ,mandatory funding for programs preparing1 training1 and recruiting high-quality teachers1 principals1 or other school leaders4 ,chapter #b--,teacher loan forgiveness programs ,sec4 #eeaba4 ,teacher loan forgiveness programs and grants4 ,sec4 #eeabb4 ,,teach ,grants4 ,sec4 #eeabc4 ,program ,to subsidize teacher certification and licensing fees4 ,title ,,vi--,teacher ,quality ,partnerships ,sec4 #eebja4 ,purpose4 ,sec4 #eebjb4 ,providing access for early childhood educators and school leaders to training programs4 ,sec4 #eebjc4 ,mandatory ,funding for ,teacher ,quality ,partnership ,program4 ,title ,,vii--,prohibition of ,federal ,funds for ,police in ,schools ,sec4 #eecja4 ,prohibition of federal funds for police in schools4 ,division ,b--,justice ,title ,i--,criminal ,justice ,subtitle ,a--,george ,floyd ,justice in ,policing ,sec4 #ajjja4 ,short title4 ,sec4 #ajjjb4 ,definitions4 ,part #a--,police ,accountability ,subpart ,i--,holding ,police ,accountable in the ,courts ,sec4 #ajjaa4 ,deprivation of rights under color of law4 ,sec4 #ajjab4 ,qualified immunity reform4 ,sec4 #ajjac4 ,pattern and practice investigations4 ,sec4 #ajjad4 ,independent investigations4 ,subpart ,,ii--,law ,enforcement ,trust and ,integrity ,act ,sec4 #ajjba4 ,short title4 ,sec4 #ajjbb4 ,definitions4 ,sec4 #ajjbc4 ,accreditation of law enforcement agencies4 ,sec4 #ajjbd4 ,law enforcement grants4 ,sec4 #ajjbe4 ,attorney ,general to conduct study4 ,sec4 #ajjbf4 ,authorization of appropriations4 ,sec4 #ajjbg4 ,national task force on law enforcement oversight4 ,sec4 #ajjbh4 ,federal data collection on law enforcement practices4 ,part #b--,policing ,transparency ,through ,data ,subpart ,i--,national ,police ,misconduct ,registry ,sec4 #ajjca4 ,establishment of ,national ,police ,misconduct ,registry4 ,sec4 #ajjcb4 ,certification requirements for hiring of law enforcement officers4 ,subpart ,,ii--,,pride ,act ,sec4 #ajjda4 ,short title4 ,sec4 #ajjdb4 ,definitions4 ,sec4 #ajjdc4 ,use of force reporting4 ,sec4 #ajjdd4 ,use of force data reporting4 ,sec4 #ajjde4 ,compliance with reporting requirements4 ,sec4 #ajjdf4 ,federal law enforcement reporting4 ,sec4 #ajjdg4 ,authorization of appropriations4 ,part #c--;,improving ,police ,training and ,policies ,subpart ,i--,end ,racial and ,religious ,profiling ,act ,sec4 #ajjea4 ,short title4 ,sec4 #ajjeb4 ,definitions4 ,chapter #a--,prohibition of ,racial ,profiling ,sec4 #ajjec4 ,prohibition4 ,sec4 #ajjed4 ,enforcement4 ,chapter #b--,programs ,to ,eliminate ,racial ,profiling ,by ,federal ,law ,enforcement ,agencies ,sec4 #ajjed4 ,policies to eliminate racial profiling4 ,chapter #c--,programs ,to ,eliminate ,racial ,profiling ,by ,state and ,local ,law ,enforcement ,agencies ,sec4 #ajjee4 ,policies required for grants4 ,sec4 #ajjef4 ,involvement of ,attorney ,general4 ,sec4 #ajjeg4 ,data collection demonstration project4 ,sec4 #ajjeh4 ,development of best practices4 ,sec4 #ajjei4 ,authorization of appropriations4 ,chapter #d--;,data ,collection ,sec4 #ajjfj4 ,attorney ,general to issue regulations4 ,sec4 #ajjfa4 ,publication of data4 ,sec4 #ajjfb4 ,limitations on publication of data4 ,chapter #e--;,department of ,justice ,regulations and ,reports on ,racial ,profiling in the ,united ,states ,sec4 #ajjfc4 ,attorney ,general to issue regulations and reports4 ,subpart ,,ii--,additional ,reforms ,sec4 #ajjfd4 ,training on racial bias and duty to intervene4 ,sec4 #ajjfe4 ,ban on no-knock warrants in drug cases4 ,sec4 #ajjff4 ,incentivizing banning of chokeholds and carotid holds4 ,sec4 #ajjfg4 ,,peace ,act4 ,sec4 #ajjfh4 ,stop ,militarizing ,law ,enforcement ,act4 ,sec4 #ajjfi4 ,public safety innovation grants4 ,subpart ,,iii--,law ,enforcement ,body ,cameras ,chapter #a--;,federal ,police ,camera and ,accountability ,act ,sec4 #ajjgj4 ,short title4 ,sec4 #ajjga4 ,requirements for ,federal law enforcement officers regarding the use of body cameras4 ,sec4 #ajjgb4 ,patrol vehicles with in-car video recording cameras4 ,sec4 #ajjgc4 ,facial recognition technology4 ,sec4 #ajjgd4 ,,gao study4 ,sec4 #ajjge4 ,regulations4 ,sec4 #ajjgf4 ,rule of construction4 ,chapter #b--,police ,,camera ,act ,sec4 #ajjgg4 ,short title4 ,sec4 #ajjgh4 ,law enforcement body-worn camera requirements4 ,part #d--;,closing the ,law ,enforcement ,consent ,loophole ,sec4 #ajjha4 ,short title4 ,sec4 #ajjhb4 ,prohibition on engaging in sexual acts while acting under color of law4 ,sec4 #ajjhc4 ,enactment of laws penalizing engaging in sexual acts while acting under color of law4 ,sec4 #ajjhd4 ,reports to ,congress4 ,sec4 #ajjhe4 ,definition4 ,part #e--,miscellaneous ,provisions ,sec4 #ajjia4 ,severability4 ,sec4 #ajjib4 ,savings clause4 ,subtitle ,b--,,safety through ,nonviolence ,sec4 #ajbja4 ,short title4 ,sec4 #ajbjb4 ,findings4 ,sec4 #ajbjc4 ,grants to educate ,americans about the principles and practice of nonviolence4 ,subtitle ,c--,local ,public ,health ,and ,safety ,protection ,sec4 #ajcja4 ,short title4 ,sec4 #ajcjb4 ,findings4 ,sec4 #ajcjc4 ,grants to reduce gun violence through local regulation4 ,subtitle ,d--,marijuana ,opportunity ,reinvestment and ,expungement ,sec4 #ajdja4 ,short title4 ,sec4 #ajdjb4 ,decriminalization of cannabis4 ,sec4 #ajdjc4 ,demographic data of cannabis business owners and employees4 ,sec4 #ajdjd4 ,creation of ,opportunity ,trust ,fund and imposition of tax on cannabis products4 ,sec4 #ajdje4 ,opportunity trust fund programs4 ,sec4 #ajdjf4 ,availability of ,small ,business ,administration programs and services to cannabis-related legitimate businesses and service providers4 ,sec4 #ajdjg4 ,no discrimination in the provision of a federal public benefit on the basis of cannabis4 ,sec4 #ajdjh4 ,no adverse effect for purposes of the immigration laws4 ,sec4 #ajdji4 ,resentencing and expungement4 ,sec4 #ajdaj4 ,references in existing law to marijuana or marihuana4 ,sec4 #ajdaa4 ,severability4 ,sec4 #ajdab4 ,cannabis offense defined4 ,sec4 #ajdac4 ,rulemaking4 ,subtitle ,e--,,ice ,body ,camera ,sec4 #ajeja4 ,short title4 ,sec4 #ajejb4 ,findings4 ,sec4 #ajejc4 ,use of body cameras by certain ,,ice officers4 ,sec4 #ajejd4 ,recordings to be provided to certain persons4 ,sec4 #ajeje4 ,withholding of certain funds4 ,subtitle ,g--,demanding ,oversight from ,justice ,sec4 #ajgja4 ,short title4 ,sec4 #ajgjb4 ,civil action by ,attorney ,general4 ,sec4 #ajgjc4 ,annual reporting requirement4 ,subtitle ,h--,building ,bridges and ,transforming ,resentment and ,unfairness to ,support and ,trust for ,municipal ,law ,enforcement ,sec4 #ajhja4 ,short title4 ,sec4 #ajhjb4 ,findings4 ,sec4 #ajhjc4 ,reduction in grant funding for units of local government4 ,sec4 #ajhjd4 ,exemptions4 ,sec4 #ajhje4 ,waivers4 ,subtitle ,i--,clarification of ,right to ,counsel ,sec4 #ajija4 ,clarification of right to counsel4 ,sec4 #ajijb4 ,treatment of individuals held or detained at ports of entry or at any ,,cbp or ,,ice detention facility4 ,subtitle ,j--,equal ,justice ,under ,law ,sec4 #aajja4 ,short title4 ,sec4 #aajjb4 ,effective assistance of counsel4 ,sec4 #aajjc4 ,remedy4 ,sec4 #aajjd4 ,edward ,byrne ,memorial ,justice ,assistance ,grant ,program4 ,subtitle ,k--,clarence ,gideon ,full ,access to ,justice ,sec4 #aaaja4 ,short title4 ,sec4 #aaajb4 ,defender ,office for ,supreme ,court ,advocacy4 ,subtitle ,l--,funding ,attorneys for ,indigent ,removal ,proceedings ,sec4 #aabja4 ,short title4 ,sec4 #aabjb4 ,improving immigration court efficiency and reducing costs by increasing access to legal information4 ,sec4 #aabjc4 ,access by counsel and legal orientation at detention facilities4 ,sec4 #aabjd4 ,report on access to counsel4 ,sec4 #aabje4 ,motions to reopen4 ,sec4 #aabjf4 ,supplementary surcharge4 ,subtitle ,m--,tax ,relief for ,guard and ,reserve ,training ,sec4 #aacja4 ,short title4 ,sec4 #aacjb4 ,reduction of mileage threshold for deduction in determining adjusted gross income4 ,sec4 #aacjc4 ,exemption from #b percent floor on miscellaneous itemized deductions4 ,subtitle ,n--,maintaining dignity and ,eliminating unnecessary ,restrictive ,confinement of ,youths ,sec4 #aadja4 ,short title4 ,sec4 #aadjb4 ,juvenile solitary confinement4 ,subtitle ,o--,dignity for ,incarcerated ,women ,sec4 #aaeja4 ,short title4 ,sec4 #aaejb4 ,improving the treatment of primary caretaker parents and other individuals in federal prisons4 ,sec4 #aaejc4 ,overnight visit pilot program4 ,subtitle ,p--,beyond the ,box for ,higher ,education ,sec4 #aafja4 ,short title4 ,sec4 #aafjb4 ,findings4 ,sec4 #aafjc4 ,beyond the box for higher education4 ,sec4 #aafjd4 ,financial aid4 ,subtitle ,q--,community ,reentry ,sec4 #aagja4 ,short title4 ,sec4 #aagjb4 ,findings4 ,sec4 #aagjc4 ,prerelease custody4 ,subtitle ,r--,community ,reentry ,act of #bjbj ,sec4 #aahja4 ,short title4 ,sec4 #aahjb4 ,findings4 ,sec4 #aahjc4 ,prerelease custody4 ,subtitle ,s--,dignity for ,detained ,immigrants ,sec4 #aaija4 ,short title4 ,sec4 #aaijb4 ,standards for ,,dhs detention facilities4 ,sec4 #aaijc4 ,oversight and transparency for ,,dhs detention facilities4 ,sec4 #aaijd4 ,cause of action4 ,sec4 #aaije4 ,,dhs detention facility construction and maintenance4 ,sec4 #aaijf4 ,appearance of detained aliens for other legal matters4 ,sec4 #aaijg4 ,procedures for detaining aliens4 ,sec4 #aaijh4 ,sense of ,congress4 ,subtitle ,t--,solitary ,confinement ,study and ,reform ,sec4 #abjja4 ,short title4 ,sec4 #abjjb4 ,purposes4 ,sec4 #abjjc4 ,national solitary confinement study and reform commission4 ,sec4 #abjjd4 ,adoption and effect of national standards4 ,sec4 #abjje4 ,definitions4 ,subtitle ,u--,fair ,chance to ,compete for ,jobs ,sec4 #abaja4 ,short title4 ,sec4 #abajb4 ,prohibition on criminal history inquiries prior to conditional offer for ,federal employment4 ,sec4 #abajc4 ,prohibition on criminal history inquiries by contractors prior to conditional offer4 ,sec4 #abajd4 ,report on employment of individuals formerly incarcerated in ,federal prisons4 ,sec4 #abaje4 ,determination of budgetary effects4 ,subtitle ,v--,renew ,act ,sec4 #abbja4 ,short title4 ,sec4 #abbjb4 ,lowering the age for expungement of certain convictions for simple possession of controlled substances by nonviolent young offenders4 ,subtitle ,w--,correct the ,census ,count ,sec4 #abcja4 ,short title4 ,sec4 #abcjb4 ,residence of incarcerated individuals4 ,subtitle ,x--,creating a ,respectful and ,open ,world for ,natural ,hair ,sec4 #abdja4 ,short title4 ,sec4 #abdjb4 ,findings2 sense of ,congress2 purpose4 ,sec4 #abdjc4 ,federally assisted programs4 ,sec4 #abdjd4 ,housing programs4 ,sec4 #abdje4 ,public accommodations4 ,sec4 #abdjf4 ,employment4 ,sec4 #abdjg4 ,equal rights under the law4 ,sec4 #abdjh4 ,rule of construction4 ,sec4 #abdji4 ,effective date4 ,subtitle ,y--,equal ,justice ,under ,law ,sec4 #abeja4 ,short title4 ,sec4 #abejb4 ,effective assistance of counsel4 ,sec4 #abejc4 ,remedy4 ,sec4 #abejd4 ,edward ,byrne ,memorial ,justice ,assistance ,grant ,program4 ,subtitle ,z--,ensuring ,successful ,reentry ,sec4 #abfja4 ,short title4 ,sec4 #abfjb4 ,requirement that prisoners on work release pay part of their gross income over for housing4 ,subtitle ,,aa--,protecting ,domestic ,violence and ,stalking ,victims ,sec4 #abgja4 ,short title4 ,sec4 #abgjb4 ,definitions of intimate partner and misdemeanor crime of domestic violence expanded4 ,sec4 #abgjc4 ,expansion of list of persons subject to a restraining or similar order to whom a firearm is prohibited from being sold or disposed4 ,sec4 #abgjd4 ,expansion of list of persons subject to a restraining or similar order prohibited from possessing or receiving a firearm4 ,sec4 #abgje4 ,stalking prohibitions4 ,subtitle ,,bb--,gun ,violence ,research ,sec4 #abhja4 ,short title4 ,sec4 #abhjb4 ,findings4 ,sec4 #abhjc4 ,definitions4 ,sec4 #abhjd4 ,research and data restrictions repeal4 ,sec4 #abhje4 ,research program4 ,sec4 #abhjf4 ,agency activities4 ,subtitle ,,cc--,stop ,online ,ammunition ,sales ,sec4 #abija4 ,short title4 ,sec4 #abijb4 ,limitations on purchases of ammunition4 ,subtitle ,,dd--,safer ,neighborhoods ,gun ,buyback ,sec4 #acjja4 ,short title4 ,part #a--;,gun buyback grant program ,sec4 #acjaa4 ,program authorized4 ,sec4 #acjab4 ,applications4 ,sec4 #acjac4 ,term of grant4 ,sec4 #acjad4 ,smart prepaid cards4 ,sec4 #acjae4 ,uses of funds4 ,sec4 #acjaf4 ,definitions4 ,sec4 #acjag4 ,authorization of appropriations4 ,part #b--;,criminal provision ,sec4 #acjba4 ,use of smart prepaid card in the acquisition or transfer of a firearm4 ,subtitle ,,ee--,gun ,trafficking ,prohibition ,sec4 #acaja4 ,short title4 ,sec4 #acajb4 ,anti-straw purchasing and firearms trafficking amendments4 ,sec4 #acajc4 ,amendments to section #ibb7;d74 ,sec4 #acajd4 ,amendments to section #ibd7;a74 ,sec4 #acaje4 ,amendments to section #ibd7;h74 ,sec4 #acajf4 ,amendments to section #ibd7k74 ,subtitle ,,ff--,gun ,manufacturers ,accountability ,sec4 #acbja4 ,short title4 ,sec4 #acbjb4 ,repeal of prohibition on bringing qualified civil liability actions in ,federal or ,state court4 ,subtitle ,,gg--,report on ,effects of ,gun ,violence on ,public ,health ,sec4 #accja4 ,report on effects of gun violence on public health4 ,subtitle ,,hh--,protecting ,domestic ,violence and ,stalking ,victims ,sec4 #acdja4 ,short title4 ,sec4 #acdjb4 ,definitions of intimate partner and misdemeanor crime of domestic violence expanded4 ,sec4 #acdjc4 ,expansion of list of persons subject to a restraining or similar order to whom a firearm is prohibited from being sold or disposed4 ,sec4 #acdjd4 ,expansion of list of persons subject to a restraining or similar order prohibited from possessing or receiving a firearm4 ,sec4 #acdje4 ,stalking prohibitions4 ,subtitle ,,ii--,raise the ,age ,sec4 #aceja4 ,short title4 ,sec4 #acejb4 ,prohibition on ,federal firearms licensee selling or delivering certain semiautomatic centerfire rifles to a person under #ba years of age1 with exceptions4 ,sec4 #acejc4 ,operation of the ,federal ,bureau of ,investigation's public access line4 ,subtitle ,,jj--,national ,gun ,violence ,research ,sec4 #acfja4 ,short title4 ,sec4 #acfjb4 ,findings4 ,sec4 #acfjc4 ,definitions4 ,sec4 #acfjd4 ,research and data restrictions repeal4 ,sec4 #acfje4 ,research program4 ,sec4 #acfjf4 ,agency activities4 ,subtitle ,,kk--,secure ,communities and ,safe ,schools ,sec4 #acgja4 ,short title4 ,sec4 #acgjb4 ,prohibition on expenditure of certain ,homeland ,security grant funds to purchase firearms4 ,subtitle ,,ll--,law ,enforcement ,protection ,sec4 #achja4 ,short title4 ,sec4 #achjb4 ,armor-piercing1 concealable weapons4 ,sec4 #achjc4 ,use of ,national ,firearms ,act taxes4 ,subtitle ,,mm--,corey ,jones ,sec4 #acija4 ,short title4 ,sec4 #acijb4 ,findings4 ,sec4 #acijc4 ,ensuring the safety of the public and law enforcement officers during routine traffic stops involving unmarked vehicles and plainclothes officers4 ,subtitle ,,nn--,break the ,cycle of ,violence ,act ,sec4 #adjja4 ,short title4 ,sec4 #adjjb4 ,findings4 ,sec4 #adjjc4 ,community-based violence intervention program grants4 ,sec4 #adjjd4 ,hospital-,based ,violence ,intervention ,grants4 ,sec4 #adjje4 ,sense of ,congress regarding services for victims of violent crime4 ,subtitle ,,oo--,protecting the ,health and ,wellness of ,babies and ,pregnant women ,in ,custody ,custody ,sec4 #adaja4 ,short title4 ,sec4 #adajb4 ,data collection4 ,sec4 #adajc4 ,care for federally incarcerated women related to pregnancy and childbirth4 ,sec4 #adajd4 ,use of restrictive housing and restraints on incarcerated pregnant women during pregnancy1 labor1 and postpartum recovery prohibited4 ,sec4 #adaje4 ,treatment of women with high-risk pregnancies4 ,sec4 #adajf4 ,exemption of incarcerated pregnant women from the requirements for suits by prisoners4 ,sec4 #adajg4 ,definitions4 ,sec4 #adajh4 ,education and technical assistance4 ,sec4 #adaji4 ,bureau of ,prisons staff and ,u4,s4 ,marshals training4 ,sec4 #adaaj4 ,,gao study on ,state and local correctional facilities4 ,sec4 #adaaa4 ,,gao study on ,federal pretrial detention facilities4 ,sec4 #adaab4 ,,pwic grant program4 ,sec4 #adaac4 ,placement in prerelease custody4 ,subtitle ,,pp--,resources for ,victims of ,gun ,violence ,act #bjbj ,sec4 #adbja4 ,short title4 ,sec4 #adbjb4 ,findings4 ,sec4 #adbjc4 ,definitions4 ,sec4 #adbjd4 ,advisory ,council to ,support ,victims of ,gun ,violence4 ,subtitle ,,qq--,the ,one ,stop ,shop ,community ,reentry ,program ,act of #bjbj ,sec4 #adcja4 ,short title4 ,sec4 #adcjb4 ,community reentry center grant program4 ,sec4 #adcjc4 ,grants for reentry services assistance hotlines4 ,subtitle ,,rr--,put ,trafficking ,victims ,first ,act of #bjbj ,sec4 #addja4 ,short title4 ,sec4 #addjb4 ,training for prosecutions of traffickers and support for ,state services for victims of trafficking4 ,sec4 #addjc4 ,working to develop methodologies to assess prevalence of human trafficking4 ,sec4 #addjd4 ,report on prosecutors seeking restitution in trafficking cases4 ,sec4 #addje4 ,sense of ,congress encouraging ,states to adopt protections for victims of trafficking4 ,subtitle ,,ss--,wakeshia's ,law ,sec4 #adeja4 ,short title4 ,sec4 #adejb4 ,purpose4 ,sec4 #adejc4 ,compliance and ineligibility4 ,sec4 #adejd4 ,information required upon arrest or detention4 ,sec4 #adeje4 ,notification by law enforcement of family with regard to death or life-threatening emergency occurring to individual in custody4 ,sec4 #adejf4 ,report to attorney general4 ,sec4 #adejg4 ,definitions4 ,subtitle ,,tt--,violence ,against ,women ,reauthorization ,act of #bjbj ,sec4 #adfja4 ,short title4 ,sec4 #adfjb4 ,universal definitions and grant conditions4 ,sec4 #adfjc4 ,reporting on female genital mutilation1 female genital cutting1 or female circumcision4 ,sec4 #adfjd4 ,agency and ,department ,coordination4 ,part #a--;,enhancing legal tools to combat domestic violence1 dating violence1 sexual assault1 and stalking ,sec4 #adfaa4 ,stop grants4 ,sec4 #adfab4 ,grants to improve the criminal justice response4 ,sec4 #adfac4 ,legal assistance for victims4 ,sec4 #adfad4 ,grants to support families in the justice system4 ,sec4 #adfae4 ,outreach and services to underserved populations grants4 ,sec4 #adfaf4 ,criminal provisions4 ,sec4 #adfag4 ,rape survivor child custody4 ,sec4 #adfah4 ,enhancing culturally specific services for victims of domestic violence1 dating violence1 sexual assault1 and stalking4 ,sec4 #adfai4 ,grants for lethality assessment programs4 ,part #b--;,improving ,services for ,victims ,sec4 #adfba4 ,sexual assault services program4 ,sec4 #adfbb4 ,sexual ,assault ,services ,program4 ,sec4 #adfbc4 ,rural domestic violence1 dating violence1 sexual assault1 stalking1 and child abuse enforcement assistance program4 ,sec4 #adfbd4 ,training and services to end violence against people with disabilities4 ,sec4 #adfbe4 ,training and services to end abuse in later life4 ,sec4 #adfbf4 ,demonstration program on trauma-informed training for law enforcement4 ,part #c--,services1 ,protection1 and ,justice for ,young ,victims ,sec4 #adfca4 ,rape prevention and education grant4 ,sec4 #adfcb4 ,creating hope through outreach1 options1 services1 and education 7,,choose7 for children and youth4 ,sec4 #adfcc4 ,grants to combat violent crimes on campuses4 ,sec4 #adfcd4 ,combat online predators4 ,part #d--,violence ,reduction ,practices ,sec4 #adfda4 ,study conducted by the ,centers for ,disease ,control and ,prevention4 ,sec4 #adfdb4 ,saving ,money and ,reducing ,tragedies 7,,smart7 through ,prevention grants4 ,part #e--,strengthening the ,healthcare ,systems ,response ,sec4 #adfea4 ,grants to strengthen the healthcare systems response to domestic violence1 dating violence1 sexual assault1 and stalking4 ,part #f--,safe ,homes for ,victims ,sec4 #adffa4 ,housing protections for victims of domestic violence1 dating violence1 sexual assault1 and stalking4 ,sec4 #adffb4 ,ensuring compliance and implementation2 prohibiting retaliation against victims4 ,sec4 #adffc4 ,protecting the right to report crime from one's home4 ,sec4 #adffd4 ,transitional housing assistance grants for victims of domestic violence1 dating violence1 sexual assault1 or stalking4 ,sec4 #adffe4 ,addressing the housing needs of victims of domestic violence1 dating violence1 sexual assault1 and stalking4 ,sec4 #adfff4 ,united ,states ,housing ,act of #aicg amendments4 ,part #g--;,economic ,security for ,victims ,sec4 #adfga4 ,findings4 ,sec4 #adfgb4 ,national ,resource ,center on workplace responses to assist victims of domestic and sexual violence4 ,sec4 #adfgc4 ,entitlement to unemployment compensation for victims of sexual and other harassment and survivors of domestic violence1 sexual assault1 or stalking4 ,sec4 #adfgd4 ,study and reports on barriers to survivors' economic security access4 ,sec4 #adfge4 ,,gao ,study4 ,sec4 #adfgf4 ,education and information programs for survivors4 ,sec4 #adfgg4 ,severability4 ,part #h--;,homicide reduction initiatives ,sec4 #adfha4 ,prohibiting persons convicted of misdemeanor crimes against dating partners and persons subject to protection orders4 ,sec4 #adfhb4 ,prohibiting stalkers and individuals subject to court order from possessing a firearm4 ,part #i--,safety for ,indian ,women ,sec4 #adfia4 ,findings and purposes4 ,sec4 #adfib4 ,authorizing funding for the tribal access program4 ,sec4 #adfic4 ,tribal jurisdiction over crimes of domestic violence1 dating violence1 obstruction of justice1 sexual violence1 sex trafficking1 stalking1 and assault of a law enforcement officer or corrections officer4 ,sec4 #adfid4 ,annual reporting requirements4 ,sec4 #adfie4 ,report on the response of law enforcement agencies to reports of missing or murdered ,indians4 ,part #aj--,office on ,violence ,against ,women ,sec4 #adgja4 ,establishment of ,office on ,violence ,against ,women4 ,sec4 #adgjb4 ,report of the ,attorney ,general on the effects of the shutdown4 ,part #aa--;,improving ,conditions for ,women in ,federal ,custody ,sec4 #adgaa4 ,improving the treatment of primary caretaker parents and other individuals in federal prisons4 ,sec4 #adgab4 ,public health and safety of women4 ,sec4 #adgac4 ,research and report on women in federal incarceration4 ,sec4 #adgad4 ,reentry planning and services for incarcerated women4 ,part #ab--,law ,enforcement ,tools to ,enhance ,public ,safety ,sec4 #adgba4 ,notification to law enforcement agencies of prohibited purchase or attempted purchase of a firearm4 ,sec4 #adgbb4 ,reporting of background check denials to state1 local1 and tribal authorities4 ,sec4 #adgbc4 ,special assistant ,u4,s4 attorneys and cross-deputized attorneys4 ,part #ac--;,closing the ,law ,enforcement ,consent ,loophole ,sec4 #adgca4 ,short title4 ,sec4 #adgcb4 ,prohibition on engaging in sexual acts while acting under color of law4 ,sec4 #adgcc4 ,incentives for ,states4 ,sec4 #adgcd4 ,reports to ,congress4 ,sec4 #adgce4 ,definition4 ,part #ad--,other ,matters ,sec4 #adgda4 ,national stalker and domestic violence reduction4 ,sec4 #adgdb4 ,federal victim assistants reauthorization4 ,sec4 #adgdc4 ,child abuse training programs for judicial personnel and practitioners reauthorization4 ,sec4 #adgdd4 ,sex offender management4 ,sec4 #adgde4 ,court-appointed special advocate program4 ,sec4 #adgdf4 ,rape kit backlog4 ,sec4 #adgdg4 ,sexual assault forensic exam program grants4 ,sec4 #adgdh4 ,review on link between substance use and victims of domestic violence dating violence1 sexual assault1 or stalking4 ,sec4 #adgdi4 ,interagency working group to study ,federal efforts to collect data on sexual violence4 ,sec4 #adgej4 ,national ,domestic ,violence ,hotline4 ,sec4 #adgea4 ,rule of construction regarding compliance with immigration laws4 ,part #ae--;,cybercrime ,enforcement ,sec4 #adgfa4 ,local law enforcement grants for enforcement of cybercrimes4 ,sec4 #adgfb4 ,national ,resource ,center ,grant4 ,sec4 #adgfc4 ,national strategy1 classification1 and reporting on cybercrime4 ,title ,,ii--,health ,equity ,subtitle ,a--,expanded ,access to ,care ,sec4 #bjaja4 ,study on the uninsured4 ,sec4 #bjajb4 ,volunteer dental projects and action for dental health program4 ,sec4 #bjajc4 ,critical access hospital improvements4 ,sec4 #bjajd4 ,community health center collaborative access expansion4 ,subtitle ,b--,mental ,health ,needs ,sec4 #bjbja4 ,priority mental health needs of regional and national significance4 ,sec4 #bjbjb4 ,annual report on adverse childhood experiences of certain children in communities facing civil unrest4 ,subtitle ,c--,pursuing ,equity in ,mental ,health ,act ,sec4 #bjdja4 ,short title4 ,part #a--,mental ,health of ,students ,sec4 #bjdaa4 ,amendments to the ,public ,health ,service ,act4 ,part #b--;,health ,equity and ,accountability ,sec4 #bjdae4 ,integrated ,health ,care ,demonstration ,program4 ,sec4 #bjdaf4 ,addressing racial and ethnic minority mental health disparities research gaps4 ,sec4 #bjdag4 ,health professions competencies to address racial and ethnic minority mental health disparities4 ,sec4 #bjdah4 ,racial and ethnic minority behavioral and mental health outreach and education strategy4 ,sec4 #bjdai4 ,additional funds for ,national ,institutes of ,health4 ,sec4 #bjdbj4 ,additional funds for ,national ,institute on ,minority ,health and ,health ,disparities4 ,part #c--,other provisions ,sec4 #bjdba4 ,reauthorization of ,minority ,fellowship ,program4 ,sec4 #bjdbb4 ,commission on the ,effects of ,smartphone and ,social ,media ,use on ,adolescents4 ,sec4 #bjdbc4 ,no ,federal funds for conversion therapy4 ,subtitle ,d--,pr,e,p ,assistance ,program ,sec4 #bjeja4 ,short title4 ,sec4 #bjejb4 ,pre-exposure prophylaxis program grant4 ,subtitle ,e--,environmental ,justice and ,environmental ,justice ,advocates ,sec4 #bjfja4 ,findings4 ,sec4 #bjfjb4 ,sense of ,congress4 ,subtitle ,f--,endometrial ,cancer ,research and ,education ,sec4 #bjgja4 ,short title4 ,sec4 #bjgjb4 ,findings4 ,sec4 #bjgjc4 ,expanding research and education with respect to endometrial cancer4 ,subtitle ,g--,donald ,payne ,sr4 ,colorectal ,cancer ,detection ,sec4 #bjhja4 ,short title4 ,sec4 #bjhjb4 ,medicare coverage for ,,fda-approved qualifying colorectal cancer screening blood-based tests4 ,subtitle ,h--,environmental ,justice ,act ,sec4 #bjija4 ,short title4 ,sec4 #bjijb4 ,purposes4 ,sec4 #bjijc4 ,definitions4 ,sec4 #bjijd4 ,interagency ,federal ,working ,group on ,environmental ,justice4 ,sec4 #bjije4 ,federal agency actions to address environmental justice4 ,sec4 #bjijf4 ,national ,environmental ,justice ,advisory ,council4 ,sec4 #bjijg4 ,environmental justice grant programs4 ,sec4 #bjijh4 ,consideration of cumulative impacts and persistent violations in certain permitting decisions4 ,sec4 #bjiji4 ,implied rights of action and common law claims4 ,sec4 #bjiaj4 ,private rights of action for discriminatory practices4 ,sec4 #bjiaa4 ,severability4 ,subtitle ,i--,strengthening ,health ,care and ,lowering ,prescription ,drug ,costs ,sec4 #bajja4 ,short title4 ,part #a--,lowering ,prescription ,drug ,costs ,subpart ,a--,bringing low-,cost options and competition while keeping incentives for new generics ,sec4 #bajaa4 ,change conditions of first generic exclusivity to spur access and competition4 ,subpart ,b--,protecting consumer access to generic drugs ,sec4 #bajae4 ,unlawful agreements4 ,sec4 #bajaf4 ,notice and certification of agreements4 ,sec4 #bajag4 ,forfeiture of #ahj-;day exclusivity period4 ,sec4 #bajah4 ,commission litigation authority4 ,sec4 #bajai4 ,statute of limitations4 ,subpart ,c--,creating and restoring equal access to equivalent samples ,sec4 #bajba4 ,actions for delays of generic drugs and biosimilar biological products4 ,sec4 #bajbb4 ,,rems approval process for subsequent filers4 ,sec4 #bajbc4 ,rule of construction4 ,subpart ,d--,study on role of ,federal assistance in drug development ,sec4 #bajbe4 ,study on role of ,federal assistance in drug development4 ,subpart ,e--,pharmacy ,school ,outreach ,sec4 #bajca4 ,pharmacy school outreach4 ,subpart ,f--,reports ,sec4 #bajce4 ,effects of increases in prescription drug price4 ,part #b--;,health ,insurance ,market ,stabilization ,sec4 #bajda4 ,preserving ,state option to implement health care marketplaces4 ,sec4 #bajdb4 ,providing for additional requirements with respect to the navigator program4 ,sec4 #bajdc4 ,federal ,exchange outreach and educational activities and annual enrollment targets4 ,sec4 #bajdd4 ,short-term limited duration insurance rule prohibition4 ,sec4 #bajde4 ,protection of health insurance coverage in certain ,exchanges4 ,sec4 #bajdf4 ,sense of ,congress relating to the practice of silver loading4 ,sec4 #bajdg4 ,consumer outreach1 education1 and assistance4 ,sec4 #bajdh4 ,,gao report4 ,sec4 #bajdi4 ,report on the effects of website maintenance during open enrollment4 ,part #c--;,budgetary ,effects ,sec4 #bajea4 ,determination of budgetary effects4 ,subtitle ,j--,resident ,physician ,shortage ,reduction ,sec4 #baaja4 ,short title4 ,sec4 #baajb4 ,distribution of additional residency positions4 ,sec4 #baajc4 ,study and report on strategies for increasing diversity4 ,subtitle ,k--,direct ,medicare ,payment for ,services ,furnished ,by ,physician ,assistants ,sec4 #babja4 ,direct ,medicare payment for services furnished by physician assistants4 ,subtitle ,l--,incentivizing ,medicaid ,expansion ,sec4 #bacja4 ,short title4 ,sec4 #bacjb4 ,increased ,,fmap for medical assistance to newly eligible individuals4 ,subtitle ,m--,medicaid ,expansion ,parity ,sec4 #badja4 ,short title4 ,sec4 #badjb4 ,parity in the timing of the application of higher ,medicaid ,federal matching rates for ,,aca newly eligible individuals4 ,subtitle ,n--,equality in ,medicare and ,medicaid ,treatment ,sec4 #baeja4 ,short title4 ,sec4 #baejb4 ,improving access to care for ,medicare and ,medicaid beneficiaries4 ,subtitle ,o--,increasing ,access to ,quality ,cardiac ,rehabilitation ,care ,sec4 #bafja4 ,short title4 ,sec4 #bafjb4 ,expanding access to cardiac rehabilitation programs and pulmonary rehabilitation programs under ,medicare program4 ,sec4 #bafjc4 ,expediting access to cardiac rehabilitation programs and pulmonary rehabilitation programs under ,medicare program4 ,subtitle ,p--,healthy ,food ,access for ,all ,americans ,sec4 #bagja4 ,short title4 ,sec4 #bagjb4 ,tax credit and grant program for ,special ,access ,food ,providers4 ,sec4 #bagjc4 ,updates to ,food ,access ,research ,atlas4 ,subtitle ,q--,territories ,health ,equity ,sec4 #bahja4 ,short title4 ,part #a--,medicaid ,sec4 #bahaa4 ,elimination of general ,medicaid funding limitations 7cap7 for territories4 ,sec4 #bahab4 ,elimination of specific ,federal medical assistance percentage 7,,fmap7 limitation for territories4 ,sec4 #bahac4 ,application of ,medicaid waiver authority to all of the territories4 ,sec4 #bahad4 ,permitting ,medicaid ,,dsh allotments for territories4 ,part #b--,medicare ,subpart ,a--,part ,a ,sec4 #bahba4 ,calculation of ,medicare ,,dsh payments for ,,ipps hospitals in ,puerto ,rico4 ,sec4 #bahbb4 ,rebasing target amount for hospitals in territories4 ,sec4 #bahbc4 ,medicare ,,dsh target adjustment for hospitals in territories4 ,subpart ,b--,part ,b ,sec4 #bahbe4 ,application of part ,b deemed enrollment process to residents of ,puerto ,rico2 special enrollment period and limit on late enrollment penalties4 ,subpart ,c--,medicare ,advantage 7,part ,c7 ,sec4 #bahca4 ,adjustment in benchmark for low-base payment counties in ,puerto ,rico4 ,subpart ,d--,part ,d ,sec4 #bahcf4 ,improved use of allocated prescription drug funds by territories4 ,sec4 #bahcg4 ,report on treatment of territories under ,medicare part ,d4 ,part #c--,miscellaneous ,sec4 #bahda4 ,modified treatment of territories with respect to application of ,,aca annual health insurance provider fees4 ,sec4 #bahdb4 ,medicaid and ,,chip territory transparency and information4 ,sec4 #bahdc4 ,report on exclusion of territories from ,exchanges4 ,sec4 #bahdd4 ,access to coverage for individuals in certain areas without any available ,exchange plans4 ,sec4 #bahde4 ,extension of family-to-family health information centers program to territories4 ,subtitle ,r--,maternal ,care ,access and ,reducing ,emergencies ,sec4 #baija4 ,short title4 ,sec4 #baijb4 ,findings4 ,sec4 #baijc4 ,definitions4 ,sec4 #baijd4 ,implicit bias training for health care providers4 ,sec4 #baije4 ,pregnancy medical home demonstration project4 ,sec4 #baijf4 ,national ,academy of ,medicine ,study4 ,subtitle ,s--,reducing ,mortality and ,morbidity ,among ,all ,women and ,honoring ,mothers ,sec4 #bbjja4 ,findings4 ,sec4 #bbjjb4 ,sense of ,congress4 ,subtitle ,t--,collecting and ,analyzing ,resources ,integral and ,necessary for ,guidance for ,social ,determinants ,sec4 #bbaja4 ,short title4 ,sec4 #bbajb4 ,findings2 purpose4 ,sec4 #bbajc4 ,requirement to issue guidance to clarify strategies to address social determinants of health in the ,medicaid program and the ,children's ,health ,insurance ,program4 ,subtitle ,u--,equal ,access to ,abortion ,coverage in ,health ,insurance ,sec4 #bbbja4 ,short title4 ,sec4 #bbbjb4 ,findings4 ,sec4 #bbbjc4 ,abortion coverage and care regardless of income or source of insurance4 ,sec4 #bbbjd4 ,sense of ,congress4 ,sec4 #bbbje4 ,rule of construction4 ,sec4 #bbbjf4 ,severability4 ,subtitle ,v--,improving ,access to ,mental ,health ,sec4 #bbcja4 ,short title4 ,sec4 #bbcjb4 ,improved access to mental health services under the ,medicare program4 ,subtitle ,w--,sickle ,cell ,trait ,research1 ,surveillance1 and ,public ,education and ,awareness ,sec4 #bbdja4 ,findings4 ,sec4 #bbdjb4 ,sense of ,congress4 ,subtitle ,x--,national ,youth ,,hiv ,,aids ,awareness ,day ,sec4 #bbeja4 ,findings4 ,sec4 #bbejb4 ,sense of ,congress4 ,subtitle ,y--,national ,black ,,hiv_/,,aids ,awareness ,day ,sec4 #bbfja4 ,findings4 ,sec4 #bbfjb4 ,sense of ,congress4 ,subtitle ,z--,repeal ,existing ,policies that ,encourage and ,allow ,legal ,,hiv ,discrimination ,sec4 #bbgja4 ,short title4 ,sec4 #bbgjb4 ,findings4 ,sec4 #bbgjc4 ,sense of ,congress regarding laws or regulations directed at people living with ,,hiv4 ,sec4 #bbgjd4 ,review of ,federal and ,state laws4 ,sec4 #bbgje4 ,rule of construction4 ,sec4 #bbgjf4 ,no additional appropriations authorized4 ,sec4 #bbgjg4 ,definitions4 ,subtitle ,,aa--,pandemic ,community ,reserve and ,public ,health ,response ,act ,sec4 #bbhja4 ,short title4 ,sec4 #bbhjb4 ,grants to increase federal public health reserve corps personnel4 ,sec4 #bbhjc4 ,grants to establish pandemic community reserve corps4 ,subtitle ,,bb--,researching and ,ending ,disparities by ,understanding ,creating ,equity ,act of #bjbj ,sec4 #bbija4 ,short title4 ,sec4 #bbijb4 ,health in all policies demonstration project4 ,sec4 #bbijc4 ,national academies of sciences1 engineering1 and medicine report4 ,subtitle ,,cc--,study1 ,treat1 ,observe and ,prevent ,neglected ,diseases of ,poverty act 7short title ,,stop ,neglected ,diseases of ,poverty ,act7 ,sec4 #bcjja4 ,short title4 ,sec4 #bcjjb4 ,findings4 ,sec4 #bcjjc4 ,sense of congress4 ,sec4 #bcjjd4 ,definition of neglected diseases of poverty4 ,sec4 #bcjje4 ,programs relating to neglected diseases of poverty4 ,subtitle ,,dd--,mommies ,act ,sec4 #bcaja4 ,short title4 ,sec4 #bcajb4 ,enhancing medicaid and chip benefits for low-income pregnant women4 ,sec4 #bcajc4 ,maternity care home demonstration project4 ,sec4 #bcajd4 ,reapplication of medicare payment rate floor to primary care services furnished under medicaid and inclusion of additional providers4 ,sec4 #bcaje4 ,macpac report and cms guidance on increasing access to doula care for medicaid beneficiaries4 ,sec4 #bcajf4 ,gao report on state medicaid programs' use of telemedicine to increase access to maternity care4 ,subtitle ,,ee--,humane ,correctional ,healthcare ,act ,sec4 #bcbja4 ,short title4 ,sec4 #bcbjb4 ,repeal of medicaid inmate exclusion4 ,sec4 #bcbjc4 ,report by comptroller general4 ,sec4 #bcbjd4 ,sense of congress on incarceration and community-based health services4 ,subtitle ,,ff--,strengthen ,dental ,coverage ,sec4 #bccja4 ,short title4 ,sec4 #bccjb4 ,strengthening coverage under the medicaid program for certain foster youth individuals4 ,subtitle ,,gg--,expanded ,coverage for ,former ,foster ,youth ,act ,sec4 #bcdja4 ,short title4 ,sec4 #bcdjb4 ,coverage continuity for former foster care children up to age #bf4 ,sec4 #bcdjc4 ,outreach efforts for enrollment of former foster children4 ,subtitle ,,hh--,pandemic ,protection ,act ,sec4 #bceja4 ,short title4 ,sec4 #bcejb4 ,temporary preservation of eligibility for foster care benefits1 and suspension of certain education and work requirements1 for youth who would otherwise age out of eligibility for the benefits during a health emergency or disaster declared with respect to the coronavirus pandemic4 ,subtitle ,,ii--,dosha ,joi ,immediate ,coverage for ,foster ,youth ,act ,immediate ,coverage for ,foster ,youth ,act ,sec4 #bcfja4 ,short title4 ,sec4 #bcfjb4 ,providing for immediate medicaid eligibility for former foster youth4 ,subtitle ,,jj--,health ,providers ,training ,act ,sec4 #bcgja4 ,short title4 ,sec4 #bcgjb4 ,eligibility of hospitals for health professions opportunity grants4 ,sec4 #bcgjc4 ,effective date4 ,title ,,iii--,,covid-#ai ,subtitle ,a--,minority ,business ,resiliency ,sec4 #cjaja4 ,short title4 ,sec4 #cjajb4 ,definitions4 ,sec4 #cjajc4 ,minority ,business ,development ,agency4 ,sec4 #cjajd4 ,emergency grants to nonprofits that support minority business enterprises4 ,sec4 #cjaje4 ,outreach to business centers4 ,sec4 #cjajf4 ,direct appropriation4 ,sec4 #cjajg4 ,audits4 ,sec4 #cjajh4 ,review and report by ,comptroller ,general4 ,sec4 #cjaji4 ,annual reports2 recommendations4 ,sec4 #cjaaj4 ,executive ,order #aafbe4 ,sec4 #cjaaa4 ,amendment to the ,federal ,acquisition ,streamlining ,act of #aiid4 ,subtitle ,b--,health ,enterprise ,zones ,sec4 #cjbja4 ,short title4 ,sec4 #cjbjb4 ,designation of ,health ,enterprise ,zones4 ,sec4 #cjbjc4 ,consultation4 ,sec4 #cjbjd4 ,tax incentives4 ,sec4 #cjbje4 ,grants4 ,sec4 #cjbjf4 ,student loan repayment program4 ,sec4 #cjbjg4 ,ten percent increase of payment for items and services payable under ,medicare ,part ,b furnished in ,health ,enterprise ,zones4 ,sec4 #cjbjh4 ,reporting4 ,sec4 #cjbji4 ,definitions4 ,sec4 #cjbaj4 ,authorization of appropriations4 ,subtitle ,c--,coverage for ,,covid-#ai ,treatment ,sec4 #cjcja4 ,short title4 ,sec4 #cjcjb4 ,coverage of ,,covid-#ai related treatment at no cost sharing4 ,subtitle ,d--,quit ,because of ,,covid-#ai ,sec4 #cjdja4 ,short title4 ,sec4 #cjdjb4 ,coverage of comprehensive tobacco cessation services in ,medicaid4 ,sec4 #cjdjc4 ,coverage of comprehensive tobacco cessation services in ,,chip4 ,sec4 #cjdjd4 ,rule of construction4 ,subtitle ,e--,food for ,working ,families ,sec4 #cjeja4 ,short title4 ,sec4 #cjejb4 ,federal pandemic unemployment compensation ,income and resources disregard for ,,snap4 ,subtitle ,f--,reducing ,,covid-#ai ,disparities by ,investing in ,public ,health ,sec4 #cjfja4 ,short title4 ,sec4 #cjfjb4 ,findings4 ,sec4 #cjfjc4 ,reducing ,,covid-#ai disparities by investing in public health4 ,subtitle ,g--,increasing ,access to ,,snap ,delivery ,during ,,covid-#ai ,sec4 #cjgja4 ,short title4 ,sec4 #cjgjb4 ,food delivery under supplemental nutrition assistance program4 ,subtitle ,h--,safe ,line ,speeds in ,,covid-#ai ,sec4 #cjhja4 ,short title4 ,sec4 #cjhjb4 ,suspending authority to increase line speeds at meat and poultry establishments4 ,subtitle ,i--,increasing access to ,snap ,delivery during ,,covid-#ai ,sec4 #cjija4 ,short title4 ,sec4 #cjijb4 ,food delivery under supplemental nutrition assistance program4 ,subtitle ,j--,safe ,line speeds in ,,covid-#ai ,sec4 #cajja4 ,short title4 ,sec4 #cajjb4 ,suspending authority to increase line speeds at meat and poultry establishments4 ,subtitle ,k--,emergency ,snap ,flexibilities ,extension ,sec4 #caaja4 ,short title4 ,sec4 #caajb4 ,extension of existing snap flexibilities for covid-#ai4 ,subtitle ,l--,nursing ,facility ,quality ,reporting ,sec4 #cabja4 ,short title4 ,sec4 #cabjb4 ,requiring long term care facilities to report certain information relating to ,,covid-#ai cases and deaths4 ,subtitle ,m--,care for ,,covid-#ai ,sec4 #cacja4 ,short title4 ,sec4 #cacjb4 ,coverage of services related to ,,covid-#ai4 ,sec4 #cacjc4 ,special enrollment period4 ,subtitle ,n--,community ,solutions for ,,covid-#ai ,sec4 #cadja4 ,short title4 ,sec4 #cadjb4 ,addressing ,,covid-#ai health inequities and improving health equity4 ,subtitle ,o--,recharge and ,empower ,local ,innovation and ,entrepreneurs ,fund for ,main ,street ,sec4 #caeja4 ,short title4 ,sec4 #caejb4 ,small business local relief program4 ,subtitle ,p--,,covid ,community ,care ,sec4 #cafja4 ,short title4 ,part #a--;,department of ,health and ,human ,services ,sec4 #cafjb4 ,,covid-#ai prevention in medically underserved communities4 ,sec4 #cafjc4 ,,covid-#ai prevention in ,indian ,tribes4 ,sec4 #cafjd4 ,definitions4 ,sec4 #cafje4 ,additional appropriations4 ,sec4 #cafjf4 ,supplemental appropriations4 ,subtitle ,q--,to ,improve the ,health of ,minority ,individuals during the ,,covid-#ai ,pandemic and for ,other purposes ,sec4 #cagja4 ,short title4 ,part #a--,racial and ,ethnicity ,data ,collection ,subpart ,a--,collection and ,reporting ,sec4 #cagaja4 ,equitable data collection and disclosure on ,,covid-#ai ,act4 ,sec4 #cagajb4 ,,covid-#ai reporting portal4 ,sec4 #cagajc4 ,regular ,,cdc reporting on demographic data4 ,sec4 #cagajd4 ,amendment to the ,public ,health ,service ,act4 ,sec4 #cagaje4 ,elimination of prerequisite of direct appropriations for data collection and analysis4 ,sec4 #cagajf4 ,collection of data for the ,medicare program4 ,sec4 #cagajg4 ,revision of ,,hipaa claims standards4 ,sec4 #cagajh4 ,disparities data collected by the ,federal ,government4 ,sec4 #cagaji4 ,standards for measuring sexual orientation1 gender identity1 and socioeconomic status in collection of health data4 ,sec4 #cagaaj4 ,improving health data regarding ,native ,hawaiians and other ,pacific ,islanders4 ,subpart ,b--,improvements and ,modernization ,sec4 #cagaba4 ,federal modernization for health inequities data4 ,sec4 #cagabb4 ,modernization of ,state and local health inequities data4 ,sec4 #cagabc4 ,additional reporting to ,congress on the race and ethnicity rates of ,,covid-#ai testing1 hospitalizations1 and mortalities4 ,part #b--;,equitable ,testing and ,tracing ,subpart ,a--,free ,testing for ,patients ,sec4 #cagbja4 ,sooner coverage of testing for ,,covid-#ai4 ,subpart ,b--,national ,testing ,strategy ,sec4 #cagbaa4 ,,covid-#ai testing strategy4 ,sec4 #cagbab4 ,coronavirus immigrant families protection4 ,sec4 #cagbac4 ,,ice detention4 ,subpart ,c--,contact ,tracing ,sec4 #cagbba4 ,,covid-#ai ,testing1 ,reaching1 ,and ,contacting ,everyone4 ,sec4 #cagbbb4 ,national system for ,,covid-#ai testing1 contact tracing1 surveillance1 containment1 and mitigation4 ,sec4 #cagbbc4 ,grants4 ,sec4 #cagbbd4 ,grants to ,state and ,tribal workforce agencies4 ,part #c--;,free ,treatment for ,all ,americans ,sec4 #cagcja4 ,coverage at no cost sharing of ,,covid-#ai vaccine and treatment4 ,sec4 #cagcjb4 ,optional coverage at no cost sharing of ,,covid-#ai treatment and vaccines under ,medicaid for uninsured individuals4 ,sec4 #cagcjc4 ,coverage of treatments for ,,covid-#ai at no cost sharing under the ,medicare ,advantage program4 ,sec4 #cagcjd4 ,requiring coverage under ,medicare ,,pdps and ,,ma-,,pd plans1 without the imposition of cost sharing or utilization management requirements1 of drugs intended to treat ,,covid-#ai during certain emergencies4 ,sec4 #cagcje4 ,coverage of ,,covid-#ai related treatment at no cost sharing4 ,sec4 #cagcjf4 ,reimbursement for additional health services relating to coronavirus4 ,part #d--;,federal ,health ,equity ,oversight ,sec4 #cagdja4 ,,covid-#ai ,racial and ,ethnic ,disparities ,task ,force ,act of #bjbj4 ,sec4 #cagdjb4 ,protection of the ,,hhs ,offices of ,minority ,health4 ,sec4 #cagdjc4 ,establish an interagency counsel and grant programs on social determinants of health4 ,sec4 #cagdjd4 ,accountability and transparency within the ,department of ,health and ,human ,services4 ,part #e--;,expanded ,insurance ,access ,sec4 #cageja4 ,medicare special enrollment period for individuals residing in ,,covid-#ai emergency areas4 ,sec4 #cagejb4 ,special enrollment period through exchanges2 federal exchange outreach and educational activities4 ,sec4 #cagejc4 ,,momma's ,act4 ,sec4 #cagejd4 ,allowing for medical assistance under ,medicaid for inmates during #cj-;day period preceding release4 ,sec4 #cageje4 ,providing for immediate ,medicaid eligibility for former foster youth4 ,sec4 #cagejf4 ,expanded coverage for former foster youth4 ,sec4 #cagejg4 ,removing citizenship and immigration barriers to access to affordable health care under ,,aca4 ,sec4 #cagejh4 ,medicaid in the territories4 ,sec4 #cageji4 ,removing ,medicare barrier to health care4 ,sec4 #cageaj4 ,removing barriers to health care and nutrition assistance for children1 pregnant persons1 and lawfully present individuals4 ,sec4 #cageaa4 ,repeal of requirement for documentation evidencing citizenship or nationality under the medicaid program4 ,part #f--;,community ,based ,grants ,sec4 #cagfja4 ,grants for racial and ethnic approaches to community health4 ,sec4 #cagfjb4 ,grants to promote health for underserved communities4 ,sec4 #cagfjc4 ,addressing ,,covid-#ai health inequities and improving health equity4 ,sec4 #cagfjd4 ,improving social determinants of health4 ,sec4 #cagfje4 ,funding to ,states1 localities1 and community-based organizations for emergency aid and services4 ,sec4 #cagfjf4 ,supplemental nutrition assistance program4 ,part #g--;,culturally and ,linguistically ,competent ,care ,sec4 #caggja4 ,ensuring standards for culturally and linguistically appropriate services in health care4 ,sec4 #caggjb4 ,culturally and linguistically appropriate health care in the ,public ,health ,service ,act4 ,sec4 #caggjc4 ,training tomorrow's doctors for culturally and linguistically appropriate care3 graduate medical education4 ,sec4 #caggjd4 ,federal reimbursement for culturally and linguistically appropriate services under the ,medicare1 ,medicaid1 and ,state ,children's ,health ,insurance ,programs4 ,sec4 #caggje4 ,requirements for health programs or activities receiving ,federal funds4 ,sec4 #caggjf4 ,report on ,federal efforts to provide culturally and linguistically appropriate health care services4 ,sec4 #caggjg4 ,health professions competencies to address racial and ethnic mental health disparities4 ,sec4 #caggjh4 ,study on the uninsured4 ,part #h--;,aid to ,providers ,serving ,minority ,communities ,sec4 #caghja4 ,temporary increase in ,medicaid ,,dsh allotments4 ,sec4 #caghjb4 ,,covid-#ai-related temporary increase of ,medicaid ,,fmap4 ,sec4 #caghjc4 ,appropriation for primary health care4 ,sec4 #caghjd4 ,amendment to the ,public ,health ,service ,act4 ,sec4 #caghje4 ,pandemic premium pay for essential workers4 ,sec4 #caghjf4 ,,covid-#ai ,heroes ,fund grants4 ,sec4 #caghjg4 ,enforcement and outreach4 ,part #i--;,health ,,it and ,bridging the ,digital ,divide in ,health ,care ,sec4 #cagija4 ,,hrsa assistance to health centers for promotion of ,health ,,it4 ,sec4 #cagijb4 ,assessment of impact of ,health ,,it on racial and ethnic minority communities2 outreach and adoption of ,health ,,it in such communities4 ,sec4 #cagijc4 ,extending funding to strengthen the ,health ,,it infrastructure in racial and ethnic minority communities4 ,sec4 #cagijd4 ,extending competitive grants for the development of loan programs to facilitate adoption of certified ,,ehr technology by providers serving racial and ethnic minority groups4 ,sec4 #cagije4 ,authorization of appropriations4 ,sec4 #cagijf4 ,data collection and assessments conducted in coordination with minority-serving institutions4 ,sec4 #cagijg4 ,study of health information technology in medically underserved communities4 ,sec4 #cagijh4 ,study on the effects of changes to telehealth under the ,medicare and ,medicaid programs during the ,,covid-#ai emergency4 ,sec4 #cagiji4 ,,covid-#ai designation of immediate special authority of spectrum for ,tribes' emergency response in ,indian ,country4 ,sec4 #cagiaj4 ,facilitating the provision of telehealth services across ,state lines4 ,part #aj--,public ,awareness ,sec4 #cagajja4 ,awareness campaigns4 ,sec4 #cagajjb4 ,increasing understanding of and improving health literacy4 ,sec4 #cagajjc4 ,english for speakers of other languages4 ,sec4 #cagajjd4 ,influenza1 ,,covid-#ai1 and pneumonia vaccination campaign4 ,part #aa--,research ,sec4 #cagaaja4 ,research and development4 ,sec4 #cagaajb4 ,,cdc field studies pertaining to specific health inequities4 ,sec4 #cagaajc4 ,expanding capacity for health outcomes4 ,sec4 #cagaajd4 ,data collection and analysis grants to minority-serving institutions4 ,sec4 #cagaaje4 ,safety and effectiveness of drugs with respect to racial and ethnic background4 ,sec4 #cagaajf4 ,,gao and ,,nih reports4 ,sec4 #cagaajg4 ,health impact assessments4 ,sec4 #cagaajh4 ,tribal funding to research health inequities including ,,covid-#ai4 ,sec4 #cagaaji4 ,research endowments at both current and former centers of excellence4 ,part #ab--;,education ,sec4 #cagabja4 ,grants for schools of medicine in diverse and underserved areas4 ,sec4 #cagabjb4 ,amendment to the ,public ,health ,service ,act4 ,sec4 #cagabjc4 ,hispanic-serving institutions1 historically black colleges and universities1 ,asian ,american and ,native ,american ,pacific ,islander-serving institutions1 ,tribal colleges1 regional community-based organizations1 and national minority medical associations4 ,sec4 #cagabjd4 ,loan repayment program of ,centers for ,disease ,control and ,prevention4 ,sec4 #cagabje4 ,study and report on strategies for increasing diversity4 ,sec4 #cagabjf4 ,amendments to the ,pandemic ,,ebt ,act4 ,part #ac--,public ,health ,assistance to ,tribes ,sec4 #cagacja4 ,appropriations for the ,indian ,health ,service4 ,sec4 #cagacjb4 ,improving ,state1 local1 and ,tribal public health security4 ,sec4 #cagacjc4 ,provision of items to ,indian programs and facilities4 ,sec4 #cagacjd4 ,health care access for urban native veterans4 ,sec4 #cagacje4 ,proper and reimbursed care for native veterans4 ,title ,,iv--,environmental ,justice ,subtitle ,a--#ajj ,clean ,economy ,sec4 #djaja4 ,short title4 ,sec4 #djajb4 ,national goal4 ,sec4 #djajc4 ,findings4 ,sec4 #djajd4 ,federal agency plans4 ,sec4 #djaje4 ,accountability4 ,sec4 #djajf4 ,clean ,economy ,federal ,advisory ,committee4 ,sec4 #djajg4 ,recommendations for interim goals4 ,sec4 #djajh4 ,definitions4 ,subtitle ,b--,environmental ,justice ,for ,all ,sec4 #djbja4 ,short title2 table of contents2 findings4 ,sec4 #djbjb4 ,statement of policy4 ,sec4 #djbjc4 ,definitions4 ,sec4 #djbjd4 ,prohibited discrimination4 ,sec4 #djbje4 ,right of action4 ,sec4 #djbjf4 ,rights of recovery4 ,sec4 #djbjg4 ,consideration of cumulative impacts and persistent violations in certain permitting decisions4 ,sec4 #djbjh4 ,interagency ,working ,group on ,environmental ,justice ,compliance and ,enforcement4 ,sec4 #djbji4 ,federal agency actions and responsibilities4 ,sec4 #djbaj4 ,ombudsmen4 ,sec4 #djbaa4 ,access to parks1 outdoor spaces1 and public recreation opportunities4 ,sec4 #djbab4 ,transit to trails grant program4 ,sec4 #djbac4 ,every ,kid ,outdoors4 ,sec4 #djbad4 ,protections for environmental justice communities against harmful ,federal actions4 ,sec4 #djbae4 ,training of employees of ,federal agencies4 ,sec4 #djbaf4 ,environmental justice grant programs4 ,sec4 #djbag4 ,environmental justice basic training program4 ,sec4 #djbah4 ,national ,environmental ,justice ,advisory ,council4 ,sec4 #djbai4 ,environmental ,justice ,clearinghouse4 ,sec4 #djbbj4 ,public meetings4 ,sec4 #djbba4 ,environmental projects for environmental justice communities4 ,sec4 #djbbb4 ,grants to further achievement of ,tribal coastal zone objectives4 ,sec4 #djbbc4 ,cosmetic labeling4 ,sec4 #djbbd4 ,safer cosmetic alternatives for disproportionately impacted communities4 ,sec4 #djbbe4 ,safer child care centers1 schools1 and homes for disproportionately impacted communities4 ,sec4 #djbbf4 ,certain menstrual products misbranded if labeling does not include ingredients4 ,sec4 #djbbg4 ,support by ,national ,institute of ,environmental ,health ,sciences for research on health disparities impacting communities of color4 ,sec4 #djbbh4 ,revenues for just transition assistance4 ,sec4 #djbbi4 ,economic revitalization for fossil fuel dependent communities4 ,sec4 #djbcj4 ,evaluation by ,comptroller ,general of the ,united ,states4 ,subtitle ,c--,low-,income ,solar ,energy ,sec4 #djcja4 ,short title4 ,sec4 #djcjb4 ,definitions4 ,sec4 #djcjc4 ,low-income home energy assistance4 ,sec4 #djcjd4 ,solar financing and workforce training4 ,sec4 #djcje4 ,rulemaking relating to utility allowances4 ,subtitle ,d--,climate ,action ,planning for ,ports ,sec4 #djdja4 ,short title4 ,sec4 #djdjb4 ,grants to reduce greenhouse gas emissions at ports4 ,subtitle ,e--,open ,back ,better ,sec4 #djeja4 ,short title4 ,sec4 #djejb4 ,facilities energy resiliency4 ,sec4 #djejc4 ,personnel4 ,subtitle ,f--,supporting the teaching of climate change in schools ,sec4 #djfja4 ,findings4 ,sec4 #djfjb4 ,sense of ,congress4 ,subtitle ,g--,women and ,climate ,change ,sec4 #djgja4 ,short title2 table of contents4 ,sec4 #djgjb4 ,findings4 ,sec4 #djgjc4 ,definitions4 ,sec4 #djgjd4 ,statement of policy4 ,part #a--,strategies1 ,policies1 and ,programs ,sec4 #djgaa4 ,federal ,interagency ,working ,group on ,women and ,climate ,change4 ,sec4 #djgab4 ,development and implementation of strategy and policies to prevent and respond to the effects of climate change on women globally4 ,part #b--,oversight and ,accountability ,sec4 #djgba4 ,senior ,coordinator for ,women and ,climate ,change4 ,sec4 #djgbb4 ,briefing and report4 ,subtitle ,h--,clean ,school ,bus ,sec4 #djhja4 ,short title4 ,sec4 #djhjb4 ,clean ,school ,bus ,grant ,program4 ,subtitle ,i--,climate ,steward ,ship ,act of #bjbj ,sec4 #djija4 ,short title4 ,part #a--;,agriculture ,sec4 #djiaa4 ,conservation reserve program4 ,sec4 #djiab4 ,environmental ,quality ,incentives ,program4 ,sec4 #djiac4 ,conservation ,stewardship ,program4 ,sec4 #djiad4 ,funding4 ,sec4 #djiae4 ,regional ,conservation ,partnership ,program4 ,sec4 #djiaf4 ,funding for climate stewardship agriculture research4 ,sec4 #djiag4 ,conservation technical assistance4 ,sec4 #djiah4 ,rural ,energy for ,america ,program4 ,sec4 #djiai4 ,local ,agriculture ,market ,program4 ,sec4 #djibj4 ,farm and ranch stress assistance network4 ,sec4 #djiba4 ,assistance for community food projects4 ,part #b--;,forests ,sec4 #djica4 ,reforestation ,trust ,fund4 ,sec4 #djicb4 ,reforest ,america ,grant ,program4 ,sec4 #djicc4 ,urban wood programs4 ,sec4 #djicd4 ,stewardship ,corps4 ,part #c--;,coastal wetland ,sec4 #djiea4 ,definitions4 ,sec4 #djieb4 ,coastal and ,estuary ,resilience ,grant ,program4 ,sec4 #djiec4 ,data collection4 ,sec4 #djied4 ,outreach and technical assistance4 ,sec4 #djiee4 ,annual restoration and funding4 ,sec4 #djief4 ,prevailing wage requirement4 ,sec4 #djieg4 ,department of the ,interior coastal wetland restoration2 funding4 ,subtitle ,j--,clean ,air ,sharp ,minds ,act ,sec4 #dajja4 ,short title4 ,sec4 #dajjb4 ,purposes4 ,sec4 #dajjc4 ,findings4 ,sec4 #dajjd4 ,definitions4 ,sec4 #dajje4 ,demonstration program authorized4 ,subtitle ,k--,environmental ,justice ,act of #bjbj ,sec4 #dbjja4 ,short title4 ,sec4 #dbjjb4 ,purposes4 ,sec4 #dbjjc4 ,definitions4 ,sec4 #dbjjd4 ,interagency ,federal ,working ,group on ,environmental ,justice4 ,sec4 #dbjje4 ,federal agency actions to address environmental justice4 ,sec4 #dbjjf4 ,national ,environmental ,justice ,advisory ,council4 ,sec4 #dbjjg4 ,environmental justice grant programs4 ,sec4 #dbjjh4 ,consideration of cumulative impacts and persistent violations in certain permitting decisions4 ,sec4 #dbjji4 ,implied rights of action and common law claims4 ,sec4 #dbjaj4 ,private rights of action for discriminatory practices4 ,sec4 #dbjaa4 ,severability4 ,title ,v--,voting ,rights ,subtitle ,a--,voting ,rights ,advancement ,sec4 #ejaja4 ,short title4 ,sec4 #ejajb4 ,violations triggering authority of court to retain jurisdiction4 ,sec4 #ejajc4 ,criteria for coverage of ,states and political subdivisions4 ,sec4 #ejajd4 ,determination of ,states and ,political ,subdivisions ,subject to ,preclearance for ,covered ,practices4 ,sec4 #ejaje4 ,promoting transparency to enforce the ,voting ,rights ,act4 ,sec4 #ejajf4 ,authority to assign observers4 ,sec4 #ejajg4 ,preliminary ,injunctive relief4 ,sec4 #ejajh4 ,definitions4 ,sec4 #ejaji4 ,attorneys' fees4 ,sec4 #ejaaj4 ,other technical and conforming amendments4 ,subtitle ,b--,voter ,empowerment ,sec4 #ejbjj4 ,short title2 statement of policy4 ,part #a--,voter ,registration ,modernization ,sec4 #ejbja4 ,short title4 ,subpart ,a--,promoting ,internet ,registration ,sec4 #ejbaa4 ,requiring availability of ,internet for voter registration4 ,sec4 #ejbab4 ,use of ,internet to update registration information4 ,sec4 #ejbac4 ,provision of election information by electronic mail to individuals registered to vote4 ,sec4 #ejbad4 ,clarification of requirement regarding necessary information to show eligibility to vote4 ,sec4 #ejbae4 ,effective date4 ,subpart ,b--,automatic ,voter ,registration ,sec4 #ejbaf4 ,short title2 findings and purpose4 ,sec4 #ejbag4 ,automatic registration of eligible individuals4 ,sec4 #ejbah4 ,contributing agency assistance in registration4 ,sec4 #ejbai4 ,one-time contributing agency assistance in registration of eligible voters in existing records4 ,sec4 #ejbbj4 ,voter protection and security in automatic registration4 ,sec4 #ejbba4 ,registration portability and correction4 ,sec4 #ejbbb4 ,payments and grants4 ,sec4 #ejbbc4 ,treatment of exempt ,states4 ,sec4 #ejbbd4 ,miscellaneous provisions4 ,sec4 #ejbbe4 ,definitions4 ,sec4 #ejbbf4 ,effective date4 ,subpart ,c--,conditions on ,removal on ,basis of ,interstate ,cross-,checks ,sec4 #ejbbg4 ,conditions on removal of registrants from official list of eligible voters on basis of interstate cross-checks4 ,subpart ,d--,other ,initiatives ,to ,promote ,voter ,registration ,sec4 #ejbbh4 ,acceptance of voter registration applications from individuals under #ah years of age4 ,sec4 #ejbbi4 ,annual reports on voter registration statistics4 ,subpart ,e--,availability of ,,hava ,requirements ,payments ,sec4 #ejbcj4 ,availability of requirements payments under ,,hava to cover costs of compliance with new requirements4 ,subpart ,f--,prohibiting ,interference ,with ,voter ,registration ,sec4 #ejbca4 ,prohibiting hindering1 interfering with1 or preventing voter registration4 ,sec4 #ejbcb4 ,establishment of best practices4 ,subpart ,g--,saving ,voters ,from ,voter ,purging ,sec4 #ejbcc4 ,short title4 ,sec4 #ejbcd4 ,conditions for removal of voters from list of registered voters4 ,part #b--;,access to ,voting for ,individuals ,with ,disabilities ,sec4 #ejbce4 ,requirements for ,states to promote access to voter registration and voting for individuals with disabilities4 ,sec4 #ejbcf4 ,pilot programs for enabling individuals with disabilities to register to vote and vote privately and independently at residences4 ,sec4 #ejbcg4 ,expansion and reauthorization of grant program to assure voting access for individuals with disabilities4 ,part #c--,prohibiting ,voter ,caging ,sec4 #ejbch4 ,voter caging and other questionable challenges prohibited4 ,sec4 #ejbci4 ,development and adoption of best practices for preventing voter caging4 ,part #d--,prohibiting ,deceptive ,practices and ,preventing ,voter ,intimidation ,sec4 #ejbdj4 ,short title4 ,sec4 #ejbda4 ,prohibition on deceptive practices in ,federal elections4 ,sec4 #ejbdb4 ,corrective action4 ,sec4 #ejbdc4 ,reports to ,congress4 ,part #e--;,democracy ,restoration ,sec4 #ejbdd4 ,short title4 ,sec4 #ejbde4 ,rights of citizens4 ,sec4 #ejbdf4 ,enforcement4 ,sec4 #ejbdg4 ,notification of restoration of voting rights4 ,sec4 #ejbdh4 ,definitions4 ,sec4 #ejbdi4 ,relation to other laws4 ,sec4 #ejbej4 ,federal prison funds4 ,sec4 #ejbea4 ,effective date4 ,part #f--,promoting ,accuracy1 ,integrity1 and ,security ,through ,voter-,verified ,permanent ,paper ,ballot ,sec4 #ejbeb4 ,short title4 ,sec4 #ejbec4 ,paper ballot and manual counting requirements4 ,sec4 #ejbed4 ,accessibility and ballot verification for individuals with disabilities4 ,sec4 #ejbee4 ,durability and readability requirements for ballots4 ,sec4 #ejbef4 ,effective date for new requirements4 ,sec4 #ejbeg4 ,clarification of ability of ,states to use election administration payments to meet requirements4 ,part #g--,provisional ,ballots ,sec4 #ejbeh4 ,requirements for counting provisional ballots2 establishment of uniform and nondiscriminatory standards4 ,part #h--;,early ,voting ,sec4 #ejbei4 ,early voting4 ,part #i--,voting by ,mail ,sec4 #ejbfj4 ,voting by mail4 ,part #aj--;,absent ,uniformed ,services ,voters and ,overseas ,voters ,sec4 #ejbfa4 ,extending guarantee of residency for voting purposes to family members of absent military personnel4 ,sec4 #ejbfb4 ,pre-election reports on availability and transmission of absentee ballots4 ,sec4 #ejbfc4 ,enforcement4 ,sec4 #ejbfd4 ,revisions to #de-;day absentee ballot transmission rule4 ,sec4 #ejbfe4 ,use of single absentee ballot application for subsequent elections4 ,sec4 #ejbff4 ,effective date4 ,part #aa--,poll ,worker ,recruitment and ,training ,sec4 #ejbfg4 ,leave to serve as a poll worker for ,federal employees4 ,sec4 #ejbfh4 ,grants to ,states for poll worker recruitment and training4 ,sec4 #ejbfi4 ,model poll worker training program4 ,sec4 #ejbgj4 ,state defined4 ,part #ab--;,enhancement of ,enforcement ,sec4 #ejbga4 ,enhancement of enforcement of ,help ,america ,vote ,act of #bjjb4 ,part #ac--;,federal ,election ,integrity ,sec4 #ejbgb4 ,prohibition on campaign activities by chief ,state election administration officials4 ,part #ad--;,grants for ,risk-limiting ,audits of ,results of ,elections ,sec4 #ejbgc4 ,grants to ,states for conducting risk-limiting audits of results of elections4 ,sec4 #ejbgd4 ,,gao analysis of effects of audits4 ,part #ae--,promoting ,voter ,access ,through ,election ,administration ,improvements ,subpart ,a--,promoting ,voter ,access ,sec4 #ejbge4 ,treatment of universities as voter registration agencies4 ,sec4 #ejbgf4 ,minimum notification requirements for voters affected by polling place changes4 ,sec4 #ejbgg4 ,election ,day holiday4 ,sec4 #ejbgh4 ,permitting use of sworn written statement to meet identification requirements for voting4 ,sec4 #ejbgi4 ,postage-free ballots4 ,sec4 #ejbhj4 ,reimbursement for costs incurred by ,states in establishing program to track and confirm receipt of absentee ballots4 ,sec4 #ejbha4 ,voter information response systems and hotline4 ,subpart ,b--,improvements in ,operation of ,election ,assistance ,commission ,sec4 #ejbhb4 ,reauthorization of ,election ,assistance ,commission4 ,sec4 #ejbhc4 ,requiring ,states to participate in post-general election surveys4 ,sec4 #ejbhd4 ,reports by ,national ,institute of ,standards and ,technology on use of funds transferred from ,election ,assistance ,commission4 ,sec4 #ejbhe4 ,recommendations to improve operations of ,election ,assistance ,commission4 ,sec4 #ejbhf4 ,repeal of exemption of ,election ,assistance ,commission from certain government contracting requirements4 ,subpart ,c--,miscellaneous ,provisions ,sec4 #ejbhg4 ,application of laws to ,commonwealth of ,northern ,mariana ,islands4 ,sec4 #ejbhh4 ,repeal of exemption of ,election ,assistance ,commission from certain government contracting requirements4 ,sec4 #ejbhi4 ,no effect on other laws4 ,part #af--,severability ,sec4 #ejbij4 ,severability4 ,subtitle ,c--,same ,day ,registration ,sec4 #ejcja4 ,short title4 ,sec4 #ejcjb4 ,same day registration4 ,subtitle ,d--,equal ,access to ,support ,youth ,voting ,sec4 #ejdja4 ,short title4 ,sec4 #ejdjb4 ,requiring states to accept student identifications for purposes of meeting voter identification requirements4 ,subtitle ,e--,restoring ,confidence in ,america's ,elections ,sec4 #ejeja4 ,short title4 ,part #a--;,integrity of ,voting ,systems and ,ballots ,subpart ,a--,promoting ,accuracy1 ,integrity1 and ,security ,through ,voter-,verified ,permanent ,paper ,ballot ,sec4 #ejeaja4 ,moratorium on acquisition of certain direct recording electronic voting systems and certain other voting systems4 ,sec4 #ejeajb4 ,paper ballot and manual counting requirements4 ,sec4 #ejeajc4 ,accessibility and ballot verification for individuals with disabilities4 ,subpart ,b--,additional ,voting ,system ,requirements ,sec4 #ejeaaa4 ,additional voting system requirements4 ,subpart ,c--,funding ,sec4 #ejeaba4 ,availability of additional funding to enable ,states to meet costs of revised requirements4 ,sec4 #ejeabb4 ,grants for development of compliant systems4 ,subpart ,d--,effective ,date ,sec4 #ejeaca4 ,effective date for new requirements4 ,part #b--,requirement for mandatory manual audits by hand count ,sec4 #ejebja4 ,mandatory manual audits4 ,sec4 #ejebjb4 ,availability of enforcement under ,help ,america ,vote ,act of #bjjb4 ,sec4 #ejebjc4 ,guidance on best practices for alternative audit mechanisms4 ,sec4 #ejebjd4 ,clerical amendment4 ,part #c--,other ,reforms to ,promote ,integrity of ,elections ,subpart ,a--,integrity of ,election ,administration ,sec4 #ejecja4 ,prohibition on campaign activities by chief ,state election administration officials4 ,sec4 #ejecjb4 ,mandatory training for poll workers4 ,sec4 #ejecjc4 ,due process requirements for individuals proposed to be removed from list of eligible voters4 ,sec4 #ejecjd4 ,mandatory response by ,attorney ,general to allegations of voter intimidation or suppression by law enforcement officers and other government officials4 ,subpart ,b--,removing ,barriers to ,voting ,sec4 #ejecaa4 ,requirements for counting provisional ballots2 establishment of uniform and nondiscriminatory standards4 ,sec4 #ejecab4 ,prohibiting imposition of conditions on voting by mail4 ,sec4 #ejecac4 ,mandatory availability of early voting4 ,sec4 #ejecad4 ,requirements for availability of sufficient polling places1 equipment1 and resources4 ,part #d--,rulemaking ,authority of ,election ,assistance ,commission ,sec4 #ejedja4 ,permitting ,election ,assistance ,commission to exercise rulemaking authority4 ,subtitle ,f--,redistricting and ,voter ,protection ,sec4 #ejfja4 ,short title4 ,sec4 #ejfjb4 ,requiring declaratory judgment or preclearance as prerequisite for multiple ,congressional redistricting plans enacted pursuant to same decennial census and apportionment of ,representatives4 ,sec4 #ejfjc4 ,no effect on redistricting plans enacted pursuant to court order4 ,subtitle ,g--,democracy ,restoration ,sec4 #ejgja4 ,short title4 ,sec4 #ejgjb4 ,findings4 ,sec4 #ejgjc4 ,rights of citizens4 ,sec4 #ejgjd4 ,enforcement4 ,sec4 #ejgje4 ,notification of restoration of voting rights4 ,sec4 #ejgjf4 ,definitions4 ,sec4 #ejgjg4 ,relation to other laws4 ,sec4 #ejgjh4 ,federal prison funds4 ,sec4 #ejgji4 ,effective date4 ,subtitle ,h--,securing and ,heightening the ,integrity of our ,elections and ,lawful ,democracy ,sec4 #ejhja4 ,short title4 ,sec4 #ejhjb4 ,election integrity4 ,subtitle ,i--,e-,security ,fellows ,sec4 #ejija4 ,short title4 ,sec4 #ejijb4 ,e-,security ,fellows ,program to provide political campaign staff with training on best practices for election cybersecurity4 ,subtitle ,j--,deceptive ,practices and ,voter ,intimidation ,prevention ,sec4 #eajja4 ,short title4 ,sec4 #eajjb4 ,findings4 ,sec4 #eajjc4 ,prohibition on deceptive practices in ,federal elections4 ,sec4 #eajjd4 ,corrective action4 ,sec4 #eajje4 ,reports to ,congress4 ,sec4 #eajjf4 ,severability4 ,subtitle ,k--,election ,day ,holiday ,sec4 #eaaja4 ,short title4 ,sec4 #eaajb4 ,treatment of ,election ,day in same manner as legal public holiday for purposes of ,federal employment4 ,sec4 #eaajc4 ,sense of ,congress regarding treatment of day by private employers4 ,subtitle ,l--,stop ,automatically ,voiding ,eligible ,voters ,off ,their ,enlisted ,rolls in ,states ,sec4 #eabja4 ,short title4 ,sec4 #eabjb4 ,conditions for removal of voters from list of registered voters4 ,subtitle ,m--,vote,safe ,sec4 #eacja4 ,short title4 ,sec4 #eacjb4 ,findings4 ,sec4 #eacjc4 ,requirements for no-excuse absentee voting1 early in-person voting1 and plan to ensure polling places implement ,,cdc guidance for ,federal elections in #bjbj4 ,sec4 #eacjd4 ,grants to promote safe1 accessible1 and efficient in-person voting4 ,title ,,vi--,safe1 ,accountable1 ,fair1 ,effective ,justice ,sec4 #fjaja4 ,short title4 ,subtitle ,a--,identifying and ,reducing ,over-,federalization and ,over-,criminalization ,by ,respecting the ,balance of ,powers ,among the ,states and the ,federal ,government ,sec4 #fjaaa4 ,compilation and publication of criminal offenses to provide fair notice to address over-federalization4 ,sec4 #fjaab4 ,procedures to reduce over-federalization4 ,sec4 #fjaac4 ,procedures to reduce pretrial detention4 ,sec4 #fjaad4 ,annual review and reports of the citizen complaint process4 ,sec4 #fjaae4 ,focusing ,federal criminal penalties for simple possession to places of special ,federal interest in recognition of the balance of power between the ,federal ,government and the ,states4 ,subtitle ,b--,creating a ,performance-,incentive ,funding ,program ,sec4 #fjbja4 ,calculation of savings4 ,sec4 #fjbjb4 ,distribution of performance incentive funding4 ,sec4 #fjbjc4 ,use of performance incentive funding4 ,sec4 #fjbjd4 ,definitions4 ,subtitle ,c--,addressing ,information ,disparity and ,accuracy in ,criminal ,prosecutions to ,protect ,innocence ,more ,robustly and to ,reduce the ,number of ,wrongful ,convictions ,sec4 #fjcja4 ,findings and declarations4 ,sec4 #fjcjb4 ,accuracy and reliability of evidence in criminal cases2 addressing information disparity in criminal cases4 ,sec4 #fjcjc4 ,notification relating to forensic1 prosecutorial1 or law enforcement misconduct4 ,sec4 #fjcjd4 ,remedies4 ,sec4 #fjcje4 ,toolkits for ,state and local government4 ,subtitle ,d--,concentrating ,prison ,space on ,violent and ,career ,criminals ,part #a--,restoring ,original ,congressional ,intent ,to ,focus ,federal ,drug ,mandatory ,minimums ,only on ,managers1 ,supervisors1 ,organizers1 and ,leaders of ,drug ,trafficking ,organizations and ,to ,avoid ,duplicative ,prosecution with ,states ,sec4 #fjdja4 ,focusing the application of ,federal mandatory minimums for certain drug offenses to restore original congressional intent respecting the balance of power between the ,federal ,government and the ,states4 ,sec4 #fjdjb4 ,modification of criteria for safety valve limitation on applicability of certain mandatory minimums4 ,sec4 #fjdjc4 ,consistency in the use of prior convictions for sentencing enhancements4 ,sec4 #fjdjd4 ,eligibility for resentencing based on changes in law4 ,sec4 #fjdje4 ,directives to the ,sentencing ,commission4 ,sec4 #fjdjf4 ,exclusion of acquitted conduct and discretion to disregard manipulated conduct from consideration during sentencing4 ,part #b--;,clarification of ,congressional ,intent on ,certain ,recidivist ,penalties ,sec4 #fjdjg4 ,amendments to enhanced penalties provision4 ,part #c--;,expanding the ,ability ,to ,apply for ,compassionate ,release ,sec4 #fjdjh4 ,ability to petition for release to extended supervision for certain prisoners who are medically incapacitated1 geriatric1 or caregiver parents of minor children and who do not pose public safety risks4 ,subtitle ,e--,encouraging ,accountability ,with ,greater ,use of ,evidence-,based ,sentencing ,alternatives for ,lower-,level ,offenders ,sec4 #fjeja4 ,eligibility for prejudgement probation4 ,sec4 #fjejb4 ,sentence of probation4 ,sec4 #fjejc4 ,directive to the ,sentencing ,commission regarding use of probation4 ,sec4 #fjejd4 ,establishing accountability evidence-based problem-solving court programs4 ,subtitle ,f--,implementing ,evidence-,based ,practices to ,reduce ,recidivism ,part #a--,revision of ,statutory ,sentence ,credits ,sec4 #fjfja4 ,delivery and incentives to complete in-prison recidivism reduction programming4 ,sec4 #fjfjb4 ,post-sentencing risk and needs assessment system and in-prison recidivism reduction programming4 ,part #b--,oversight of ,mental ,health and ,substance ,abuse ,treatment ,sec4 #fjfjc4 ,authorizing grants to ,states for the use of medication-assisted treatment for heroin1 opioid1 or alcohol abuse in residential substance abuse treatment4 ,sec4 #fjfjd4 ,performance-based contracting for residential reentry centers4 ,part #c--;,implementing ,swift1 ,certain1 and ,proportionate ,sanctions for ,violations of ,conditions of ,probation or ,supervised ,release ,sec4 #fjfje4 ,graduated sanctioning system4 ,sec4 #fjfjf4 ,graduated responses to technical violations of supervision4 ,sec4 #fjfjg4 ,targeted and proportional penalties for revocation of probation4 ,sec4 #fjfjh4 ,targeted and proportional penalties for violations of supervised release4 ,part #d--;,focus ,supervision ,resources on ,high-,risk ,offenders ,sec4 #fjfji4 ,earned discharge credits for compliant supervisees4 ,sec4 #fjfaj4 ,elimination of mandatory revocation for minor drug violations4 ,part #e--,maximizing ,public ,safety ,returns on ,corrections ,dollars ,sec4 #fjfaa4 ,clarification or original congressional intent regarding calculation of good time conduct credit4 ,sec4 #fjfab4 ,analysis of fiscal implications for inclusion in presentence reports4 ,sec4 #fjfac4 ,supporting safe law enforcement4 ,subtitle ,g--,increasing ,government ,transparency and ,accuracy ,sec4 #fjgja4 ,report on mandatory minimums4 ,sec4 #fjgjb4 ,federal defender added as a nonvoting member of the ,sentencing ,commission4 ,sec4 #fjgjc4 ,budget and inmate population impact of legislation on the ,federal corrections system4 ,sec4 #fjgjd4 ,reports4 ,a ,jobs ,i ,main ,street ,marshall ,plan ,a ,in ,general #ajaja4 ,short title ,this subtitle may be cited as the ,improving ,corporate ,governance ,through ,diversity ,act of #bjbj4 #ajajb4 ,submission of data relating to diversity by issuers ,section #ac of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #ghm7 is amended by adding at the end the following3 7s7 ,submission of data relating to diversity 7#a7 ,definitions ,in this subsection-- 7,a7 the term executive officer has the meaning given the term in section #bcj4eja7;f7 of title #ag1 ,code of ,federal ,regulations1 as in effect on the date of enactment of this subsection2 and 7,b7 the term veteran has the meaning given the term in section #aja of title #ch1 ,united ,states ,code4 7#b7 ,submission of disclosure ,each issuer required to file an annual report under subsection 7a7 shall disclose in any proxy statement and any information statement relating to the election of directors filed with the ,commission the following3 7,a7 ,data1 based on voluntary self-identification1 on the racial1 ethnic1 and gender composition of-- 7i7 the board of directors of the issuer2 7ii7 nominees for the board of directors of the issuer2 and 7iii7 the executive officers of the issuer4 7,b7 ,the status of any member of the board of directors of the issuer1 any nominee for the board of directors of the issuer1 or any executive officer of the issuer1 based on voluntary self-identification1 as a veteran4 7,c7 ,whether the board of directors of the issuer1 or any committee of that board of directors1 has1 as of the date on which the issuer makes a disclosure under this paragraph1 adopted any policy1 plan1 or strategy to promote racial1 ethnic1 and gender diversity among-- 7i7 the board of directors of the issuer2 7ii7 nominees for the board of directors of the issuer2 or 7iii7 the executive officers of the issuer4 7#c7 ,alternative submission ,in any #a-year period in which an issuer required to file an annual report under subsection 7a7 does not file with the ,commission a proxy statement relating to the election of directors or an information statement1 the issuer shall disclose the information required under paragraph 7#b7 in the first annual report of issuer that the issuer submits to the ,commission after the end of that #a-year period4 7#d7 ,best practices 7,a7 ,in general ,the ,director of the ,office of ,minority and ,women ,inclusion of the ,commission shall1 not later than the end of the #c-year period beginning on the date of the enactment of this subsection and every three years thereafter1 and in consultation with the advisory council established pursuant to subparagraph 7,c71 publish best practices for compliance with this subsection4 7,b7 ,comments ,the ,director of the ,office of ,minority and ,women ,inclusion of the ,commission may1 pursuant to subchapter ,,ii of chapter #e of title #e1 ,united ,states ,code1 solicit public comments related to the best practices published under subparagraph 7,a74 7,c7 ,advisory ,committee ,the ,director of the ,office of ,minority and ,women ,inclusion of the ,commission shall1 pursuant to the ,federal ,advisory ,committee ,act1 establish an advisory council1 that includes issuers and investors1 to advise on the best practices published under subparagraph 7,a74 4 ,b ,infrastructure spending bills to include development programs that recruit and train individuals from communities with high unemployment rates #ajbja4 ,findings ,the ,congress finds the following3 7#a7 ,america would need to spend approximately #a4dd trillion over the next #aj years to close the infrastructure gap4 7#b7 ,the infrastructure workforce is aging at a rate where approximately #c1jjj1jjj workers will need to be replaced over the next #aj years1 compounding ,america's infrastructure crisis4 7#c7 ,infrastructure jobs include a wide range of employment opportunities in both the public and private sectors1 including design1 construction1 operation1 governance1 and maintenance of ,america's assets4 7#d7 ,infrastructure jobs provide competitive wages with low barriers to entry1 many of which require on-the-job training in lieu of formal higher education4 7#e7 ,in spite of rising income inequality1 infrastructure jobs paid approximately #cj percent more to low-income individuals than other occupations between the years of #bjje and #bjae4 7#f7 ,in the fourth quarter of #bjaf1 ,african-,americans and ,hispanics between the ages of #be and #cd had the highest unemployment levels at #h4f percent and #e4c percent1 respectively4 7#g7 ,the unemployment rate for military veterans serving in conflicts since ,september #aa1 #bjja1 has remained above the national unemployment rate1 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 market4 7#h7 ,the ,federal ,government should make concerted efforts1 by coordination with ,state and local governments1 workforce development agencies1 educational institutions1 including ,historically ,black ,colleges and ,universities and ,hispanic ,serving ,institutions1 to recruit1 train1 and retain ,america's next generation of infrastructure workers to close the workforce gap4 #ajbjb4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 any infrastructure spending bill enacted during the #aafth ,congress should include robust investments in workforce development programs that take meaningful actions to recruit and train individuals from communities with high unemployment rates1 including ,african-,american communities1 ,hispanic communities1 and ,american ,indian tribal areas2 7#b7 any infrastructure spending bill enacted during the #aafth ,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 #aa1 #bjja2 and 7#c7 any infrastructure spending bill enacted during the #aafth ,congress should include meaningful outreach efforts geared toward underrepresented contractors1 including minority- and women-owned businesses1 veteran owned small businesses1 service-disabled veteran owned small businesses1 and offerors that employ veterans on a full-time basis4 ,c ,drinking ,water ,infrastructure for ,job ,creation #ajcja4 ,short title ,this subtitle may be cited as the ,drinking ,water ,infrastructure for ,job ,creation ,act4 #ajcjb4 ,findings ,congress finds the following3 7#a7 ,investments in infrastructure create jobs while fulfilling critical needs in communities throughout the ,united ,states4 7#b7 ,according to the ,brookings ,institution1 nearly #ad4e million workers--#aa percent of the ,u4,s4 workforce--were employed in infrastructure jobs in #bjac4 7#c7 ,according to data from the ,brookings ,institution1 infrastructure occupations often provide more competitive and equitable wages in comparison to all jobs nationally1 consistently paying up to #cj percent more to low-income workers4 7#d7 ,the ,american ,society of ,civil ,engineers gave the infrastructure of the ,united ,states an overall grade of ,d in #bjag and estimated that the ,united ,states will need to invest #d4ei trillion by #bjbe in order to improve the condition of the ,nation's infrastructure and bring it to a state of good repair4 7#e7 ,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 #aej billion by #bjbe to bring them to a state of good repair4 7#f7 ,according to the ,american ,society of ,civil ,engineers1 there are an estimated #bdj1jjj water main breaks per year in the ,united ,states1 wasting over two trillion gallons of treated drinking water4 7#g7 ,in #bjaf1 the ,u4,s4 ,environmental ,protection ,agency 7,,epa7 reported that although exposure to lead can cause serious health problems1 including damage to the brain and nervous system in children and kidney problems and high blood pressure in adults1 an estimated #f4e to #aj million homes nationwide receive drinking water through lead service lines4 7#h7 ,congress created the ,drinking ,water ,state ,revolving ,funds in #aiif 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 ,act4 7#i7 ,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 survey4 7#aj7 ,in ,march of #bjah1 the ,,epa issued the #bjae ,drinking ,water ,needs ,survey and ,assessment1 which is the most recent survey of the capital improvement needs of eligible public water systems and which estimated that #dgb4f billion in improvements are needed for the ,nation's drinking water infrastructure over #bj years in order to ensure the safety of drinking water4 7#aa7 ,in fiscal year #bjah1 ,congress appropriated #a4afc 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 ,states4 7#ab7 ,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 ,states4 7#ac7 ,appropriating #g4e billion in fiscal year #bjai for the ,drinking ,water ,state ,revolving ,funds1 and allowing the funds to remain available for #f years1 will enable ,states to begin immediately to expand investments in drinking water infrastructure in communities throughout the ,united ,states4 7#ad7 ,restricting appropriations for the ,drinking ,water ,state ,revolving ,funds through the use of arbitrary budget caps or sequestration undermines economic recovery and job creation efforts2 disrupts planning by ,states1 local communities1 and eligible public water systems2 and leaves critical infrastructure needs unmet4 7#ae7 ,emergency supplemental appropriations for the ,drinking ,water ,state ,revolving ,funds1 provided in addition to other appropriations and not subject to sequestration1 will improve drinking water infrastructure and create jobs throughout the ,united ,states without reducing funding for other domestic priorities4 7#af7 ,an emergency supplemental appropriation of #g4e billion for the ,drinking ,water ,state ,revolving ,funds to be made available in fiscal year #bjai1 and to remain available for #f years1 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 infrastructure1 thus ensuring an efficient use of funds and timely job creation4 #ajcjc4 ,supplemental appropriations for the ,drinking ,water ,state ,revolving ,funds ,the following sums are appropriated1 out of any money in the ,treasury not otherwise appropriated1 for fiscal year #bjai3 ,environmental ,protection ,agency ,state and ,tribal ,assistance ,grants ,for an additional amount for capitalization grants under section #adeb of the ,safe ,drinking ,water ,act in accordance with the provisions under this heading in title ,,vii of division ,a of ,public ,law #aaa-e1 #g1ejj1jjj1jjj1 to remain available through ,september #cj1 #bjbd3 ,provided1 ,that the amount under this heading is designated by the ,congress as an emergency requirement pursuant to section #bea7;b77#b77;,a7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe1 except that such amount shall be available only if the ,president subsequently so designates such amount and transmits such designation to the ,congress4 #ajcjd4 ,exemption from sequestration ,the appropriation in section #ajcjc shall be exempt from sequestration under the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,d ,build ,local1 ,hire ,local #ajdja4 ,short title ,this subtitle may be cited as the ,build ,local1 ,hire ,local ,act4 #ajdjb4 ,findings ,congress finds that-- 7#a7 infrastructure plays a vital role in the lives of all people in the ,united ,states2 7#b7 the aging infrastructure of the ,united ,states is in need of a significant investment to repair1 rebuild1 and modernize1 and in the process1 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 ,states2 7#c7 decades of disinvestment and exclusionary policies have isolated many people of color1 low-income people1 and disabled individuals in the ,united ,states from opportunity across the urban centers1 deindustrialized cities1 rural regions1 and ,tribal areas of the ,united ,states1 including horribly inadequate investment to ensure universal access to clean air and water1 safe and reliable transportation1 affordable housing1 quality living wage jobs1 high-speed internet1 modernized schools1 and parks and community facilities2 7#d7 while the construction of the ,national ,highway ,system remains one of the most transformative achievements in the history of the ,united ,states1 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 opportunity2 7#e7 investing in repairing1 rebuilding1 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 equitable1 helping to address structural inequities faced by marginalized communities nationwide1 including a lack of good paying jobs1 affordable1 accessible1 and inclusive housing1 decaying roads1 bridges1 and schools1 inadequate access to technology1 and exposure to toxic emissions and poisoned water2 7#f7 accessibility to quality infrastructure1 training1 and jobs is an issue across the ,united ,states1 spanning from rural and ,tribal areas to urban and suburban areas2 7#g7 transportation infrastructure has a significant impact on access to jobs1 education1 healthcare1 healthy foods1 and other essential services2 7#h7 accessibility to essential services is defined not only by speed1 but also by ease of access1 which includes the ability to safely and conveniently access services by all modes of travel2 7#i7 with a shortage of construction firms that are ready and able to take on the large-scale infrastructure projects the ,united ,states demands1 the close to #dgh1jjj specialty trade contractors in smaller minority1 women1 and disadvantaged businesses could be supported to meet this demand2 7#aj7 small businesses and under-represented contractors1 including minority-1 women-1 veteran-owned businesses1 and businesses owned by disabled individuals should have the opportunity to rebuild their communities and employ hardworking people of the ,united ,states along the way2 7#aa7 as of #bjah1 about of the infrastructure workforce is projected to retire or permanently leave their jobs over the next decade1 compounding the infrastructure crisis in the ,united ,states2 7#ab7 as of #bjai1 the ,board of ,governors of the ,federal ,reserve ,system finds that skilled trades and many occupations that do not require a #d-year degree are not considered to be at significant risk of automation2 7#ac7 infrastructure jobs include a wide range of employment opportunities in both the public and private sectors1 including design1 manufacturing1 construction1 operation1 governance1 and maintenance of infrastructure assets in the ,united ,states2 7#ad7 more than #a in #aj jobs in the ,united ,states is a transportation- or infrastructure-related job2 7#ae7 many infrastructure jobs provide competitive wages with low barriers to entry1 many of which require on-the-job training in lieu of formal #d-year degree higher education programs2 7#af7 in spite of rising income inequality1 infrastructure jobs paid approximately #cj percent more to low income individuals than other occupations in #bjah2 7#ag7 women1 people of color1 and particularly women of color are underrepresented in construction jobs2 7#ah7 while women across all occupations currently make up about #ej percent of the workforce1 women in construction and extraction occupations has hovered around #c percent for the last #c decades2 7#ai7 while ,black ,americans make up about #ab percent of the overall workforce1 ,black ,americans only represent #g percent of construction and extraction occupations2 7#bj7 by focusing on improving workforce development systems through targeted employment strategies1 the ,federal ,government can improve the quality of future projects and better ensure that all communities benefit from investments that-- 7,a7 protect workers2 7,b7 expand opportunities for advancement2 7,c7 establish strong labor standards2 and 7,d7 redress discriminatory policies that have unfairly burdened low-income communities and communities of color with pollution of geographic isolation2 and 7#ba7 the ,federal ,government should make concerted efforts to close the workforce gap1 through coordination with ,states and units of local government1 workforce development agencies1 national and regional nonprofit intermediaries1 labor organizations1 and institutions of higher education and other educational institutions1 including historically ,black colleges and universities and ,hispanic-serving institutions1 to recruit1 train1 and retain the next generation of infrastructure workers in the ,united ,states1 with a focus on-- 7,a7 achieving gender1 ethnic1 racial1 and ability diversity2 and 7,b7 recruiting and training individuals from communities with high unemployment rates1 including ,african-,american communities1 ,hispanic communities1 ,indian ,tribes1 the disabled community1 and the ,,lgbtq community4 #ajdjc4 ,definitions ,in this subtitle3 7#a7 ,covered infrastructure program ,the term covered infrastructure program means any of the following3 7,a7 ,direct and guaranteed loans and grants under section #cjf7;a7 of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aibf7;a774 7,b7 ,distance learning and telemedicine grants under section #bccc of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#g ,u4,s4,c4 #iej;aaa-#b74 7,c7 ,broadband loans and loan guarantees under title ,,iv of the ,rural ,electrification ,act of #aicf 7#g ,u4,s4,c4 #iej;bb et seq474 7,d7 ,the community connect grant program established under title ,,iii of the ,agriculture1 ,rural ,development1 ,food and ,drug ,administration1 and ,related ,agencies ,appropriations1 #bjjd 7,public ,law #ajh-aii2 #aah ,stat4 #bi74 7,e7 ,solid waste management grants under section #caj;,b7b7 of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aicb7;b774 7,f7 ,a program or project carried out under the ,public ,works and ,economic ,development ,act of #aife 7#db ,u4,s4,c4 #caba et seq474 7,g7 ,financial assistance for development1 implementation1 or modification of a ,state energy conservation plan under section #cfc of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcbc74 7,h7 ,state water pollution control revolving funds established under title ,,vi of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acha et seq474 7,i7 ,state drinking water treatment revolving loan funds established under section #adeb of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab74 7,j7 ,grants for construction of health centers provided by the ,secretary of ,health and ,human ,services4 7,k7 ,grants for construction1 renovation1 or repair of non-,federal research facilities provided by the ,director of the ,national ,institutes of ,health4 7,l7 ,the public transportation security assistance grant program under section #adjf of the ,implementing ,recommendations of the #i_/aa ,commission ,act of #bjjg 7#f ,u4,s4,c4 #aace74 7,m7 ,assistance provided under the ,public ,housing ,capital ,fund established under section #i7;d7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;g7d774 7,n7 ,the community development block grant program under title ,i of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecja et seq474 7,o7 ,the ,indian housing block grant program under section #aja of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #daaa74 7,p7 ,the rural water supply program under section #ajc of the ,rural ,water ,supply ,act of #bjjf 7#dc ,u4,s4,c4 #bdjb74 7,q7 ,financial assistance provided under the ,water ,infrastructure ,finance and ,innovation ,act 7#cc ,u4,s4,c4 #cija et seq474 7,r7 ,assistance provided under title #bc1 ,united ,states ,code4 7,s7 ,assistance provided under chapter #ec of title #di1 ,united ,states ,code4 7,t7 ,programs for civil works projects1 including water resources projects1 under the jurisdiction of the ,corps of ,engineers4 7,u7 ,assistance provided for a freight or passenger rail project under subtitle ,v of title #di1 ,united ,states ,code4 7,v7 ,assistance provided for an airport development project under chapter #dga of title #di1 ,united ,states ,code4 7,w7 ,assistance for an environmental cleanup project under the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq474 7,x7 ,assistance provided under section #gjjg and #gjjh of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ggjg1 #ggjh74 7,y7 ,mutual and self-help housing assistance provided under section #ebc of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adij;c74 7,z7 ,site development loans provided under section #ebd of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adij;d74 7,,aa7 ,loan guarantees for rural rental housing provided under section #ech of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adijp-#b74 7,,bb7 ,assistance provided by the ,community ,development ,financial ,institutions ,fund established under section #ajd7;a7 of the ,riegle ,community ,development and ,regulatory ,improvement ,act of #aiid 7#ab ,u4,s4,c4 #dgjc7;a774 7,,cc7 ,grants awarded from the ,capital ,magnet ,fund established under section #acci of the ,federal ,housing ,enterprises ,financial ,safety and ,soundness ,act of #aiib 7#ab ,u4,s4,c4 #defi74 7,,dd7 ,assistance provided under the ,connect ,america ,fund of the ,federal ,communications ,commission under subpart ,d of part #ed of title #dg1 ,code of ,federal ,regulations 7or a successor regulation74 7,,ee7 ,the ,connect ,communities ,program under section #ajddd4 7,,ff7 ,any similar program1 as determined by the ,director of the ,office of ,management and ,budget1 in consultation with the heads of the relevant ,federal agencies4 7#b7 ,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 program4 7#c7 ,local workforce development board ,the term local workforce development board has the meaning given the term local board in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 7#d7 ,state workforce development board ,the term ,state workforce development board has the meaning given the term ,state board in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 #a ,creating jobs and raising the quality of life in every community ,a ,creating local jobs across the country #ajdaa4 ,targeted hiring requirements for construction jobs created by covered infrastructure programs 7a7 ,definition of local 7#a7 ,in general ,in this section1 the term local1 with respect to hiring for a project1 means hiring within the geographical boundaries of the area in which the project is located1 as determined by the recipient of assistance under a covered infrastructure program1 in coordination with the head of the relevant ,federal agency1 subject to the requirement that the geographical area shall-- 7,a7 include high-poverty1 high-unemployment zip codes2 and 7,b7 be the size of a county1 multi-county1 statewide1 or multi-,state region4 7#b7 ,savings provision ,nothing in paragraph 7#a7 prohibits interstate hiring4 7b7 ,requirement 7#a7 ,in general ,notwithstanding any other provision of law and to the maximum extent practicable1 except to the extent that the head of the relevant ,federal agency determines otherwise1 in the case of any construction project carried out under a covered infrastructure program1 the head of the relevant ,federal agency shall ensure that1 of the workers hired for the project 7including workers hired for related maintenance1 service1 or operations activities for the project71 the applicable percentage described in paragraph 7#b7 are hired through local hiring1 in partnership with a registered apprenticeship program1 if applicable1 or with a ,state workforce development board or local workforce development board1 if applicable4 7#b7 ,applicable percentage ,the applicable percentage referred to in paragraph 7#a7 is-- 7,a7 for fiscal year #bjba1 #aj percent2 7,b7 for fiscal year #bjbb1 #bj percent2 7,c7 for fiscal year #bjbc1 #cj percent2 7,d7 for fiscal year #bjbd1 #dj percent2 and 7,e7 for fiscal year #bjbe and each fiscal year thereafter1 #ej percent4 7c7 ,priority ,in carrying out subsection 7b71 the head of the relevant ,federal agency shall ensure that the entity carrying out the project gives priority to-- 7#a7 individuals with a barrier to employment 7as defined in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb771 including ex-offenders and disabled individuals 7as defined in section #ajdba72 7#b7 veterans 7as defined in section #ajdba72 and 7#c7 individuals that represent populations that are traditionally underrepresented in the infrastructure workforce1 such as women and racial and ethnic minorities4 7d7 ,reports and oversight 7#a7 ,in general ,not less frequently than annually1 the ,secretary of ,labor1 in consultation with the heads of the relevant ,federal agencies1 shall-- 7,a7 submit to ,congress a report on the implementation of this section2 and 7,b7 make the report under subparagraph 7,a71 including any related data1 publicly available on the internet4 7#b7 ,,gao review ,not later than #e years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall-- 7,a7 carry out a review of the implementation of this section to determine compliance with this section2 and 7,b7 submit to ,congress a report on the results of the review under subparagraph 7,a71 including any suggestions or recommendations for legislative1 regulatory1 or other changes to improve the implementation of this section or compliance with this section4 #ajdab4 ,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 prevented1 in whole or in part1 from complying with section #ajdaa7;b7 because a ,federal court issues a final order in which the court finds that a requirement or the implementation of that section is unconstitutional4 ,b ,rebuilding our infrastructure with ,american business #ajdba4 ,definitions ,in this subpart3 7#a7 ,disabled individual ,the term disabled individual means an individual with a disability 7as defined in section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb774 7#b7 ,,lgbtq ,the term ,,lgbtq means1 with respect to an individual1 a lesbian1 gay1 bisexual1 transgender1 or queer individual4 7#c7 ,owned and controlled ,the term owned and controlled1 with respect to a business1 means-- 7,a7 ownership of at least #ea percent of the business1 or in the case of any publicly owned business1 ownership of at least #ea percent of the stock2 and 7,b7 control of the management and daily business operations of the business4 7#d7 ,small business concern 7,a7 ,in general ,the term small business concern means a small business concern 7within the meaning of section #c7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb7;a7774 7,b7 ,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 #c fiscal years in excess of #bc1ihj1jjj1 as adjusted annually by the head of the relevant ,federal agency for inflation4 7#e7 ,socially or economically disadvantaged individual ,the term socially or economically disadvantaged individual means any socially and economically disadvantaged individuals within the meaning of section #h7;d7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcg7;d77 and relevant subcontracting regulations issued pursuant to that ,act4 7#f7 ,veteran ,the term veteran has the meaning given the term in section #aja of title #ch1 ,united ,states ,code4 #ajdbb4 ,increasing meaningful small business participation 7a7 ,in general ,except to the extent that the head of the relevant ,federal agency determines otherwise-- 7#a7 not less than the percentage described in subsection 7b7 for the applicable fiscal year of the amounts made available for each covered infrastructure program shall be expended through small business concerns2 and 7#b7 not less than the percentage described in subsection 7b7 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 concern4 7b7 ,percentage described ,the percentage referred to in each of paragraphs 7#a7 and 7#b7 of subsection 7a7 is-- 7#a7 for fiscal year #bjba1 #f percent2 7#b7 for fiscal year #bjbb1 #ab percent2 7#c7 for fiscal year #bjbc1 #ai percent2 7#d7 for fiscal year #bjbd1 #bf percent2 and 7#e7 for fiscal year #bjbe and each fiscal year thereafter1 #cc percent4 7c7 ,report ,not less frequently than once each fiscal year1 the ,administrator of the ,small ,business ,administration1 in consultation with the heads of the relevant ,federal agencies1 shall submit to ,congress a report on the implementation of subsection 7a74 #ajdbc4 ,requiring meaningful participation from targeted businesses 7a7 ,in general ,except to the extent that the head of the relevant ,federal agency determines otherwise1 not less than the percentage described in subsection 7b7 for the applicable fiscal year of the amounts made available for a covered infrastructure program shall be expended through businesses owned and controlled by-- 7#a7 socially or economically disadvantaged individuals2 7#b7 women2 7#c7 veterans2 7#d7 ,,lgbtq individuals2 7#e7 disabled individuals2 or 7#f7 ex-offenders4 7b7 ,percentage described ,the percentage referred to in subsection 7a7 is-- 7#a7 for fiscal year #bjbj1 #f percent2 7#b7 for fiscal year #bjba1 #ab percent2 7#c7 for fiscal year #bjbb1 #ah percent2 7#d7 for fiscal year #bjbc1 #bd percent2 and 7#e7 for fiscal year #bjbd and each fiscal year thereafter1 #cj percent4 7c7 ,report ,not less frequently than once each fiscal year1 the ,secretary of ,commerce1 in consultation with the ,administrator of the ,small ,business ,administration and the heads of the relevant ,federal agencies1 shall submit to ,congress a report on the implementation of subsection 7a74 #ajdbd4 ,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 prevented1 in whole or in part1 from complying with section #ajdbb7;a7 or #ajdbc7;a71 as applicable1 because a ,federal court issues a final order in which the court finds that a requirement or the implementation of section #ajdbb7;a7 or #ajdbc7;a71 as applicable1 is unconstitutional4 #ajdbe4 ,expansion of ,small ,business ,administration surety bond program ,section #daa7;a77#a77;,a7 of the ,small ,business ,investment ,act of #aieh 7#ae ,u4,s4,c4 #fid;b7a77#a77;,a77 is amended by striking #f1ejj1jjj and inserting #aj1jjj1jjj4 ,c ,encouraging the use of ,u4,s4 ,employment ,plans and ,best-,value contracting analysis #ajdca4 ,creating a best-value analysis for ,federal expenditures on infrastructure1 use of ,u4,s4 ,employment ,plans1 and preferences for registered apprenticeship programs and neutrality in union organizing 7a7 ,definitions ,in this section3 7#a7 ,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 7as defined in section #ajdea7;a77#b774 7#b7 ,u4,s4 ,employment ,plan ,the term ,u4,s4 ,employment ,plan means a plan under which an entity receiving ,federal assistance for a project under a covered infrastructure program shall-- 7,a7 include in a request for proposal an encouragement for bidders to include1 with respect to the project-- 7i7 high-quality wage1 benefit1 and training commitments by the bidder and the supply chain of the bidder for the project2 and 7ii7 a commitment to recruit and hire individuals described in section #ajdaa7;c7 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 project2 7,b7 give preference for the award of the contract to a bidder that includes the commitments described in clauses 7i7 and 7ii7 of subparagraph 7,a72 and 7,c7 ensure that each bidder that includes the commitments described in clauses 7i7 and 7ii7 of subparagraph 7,a7 that is awarded a contract complies with those commitments4 7b7 ,best-,value framework ,to the maximum extent practicable1 a recipient of assistance under a covered infrastructure program is encouraged-- 7#a7 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 bid1 such as-- 7,a7 equity2 7,b7 environmental and climate justice2 7,c7 impact on greenhouse gas emissions2 7,d7 resilience2 7,e7 the results of a #dj-year life-cycle analysis2 7,f7 safety2 7,g7 commitment to creating or sustaining high-quality job opportunities affiliated with registered apprenticeship programs 7as defined in section #ajdea7;a77#b77 for disadvantaged or underrepresented individuals in infrastructure industries in the ,united ,states2 and 7,h7 access to jobs and essential services by all modes of travel for all users1 including disabled individuals 7as defined in section #ajdba72 7#b7 in evaluating bids1 to give at least equal weight to the criteria described in paragraph 7#a7 as to past performance2 and 7#c7 to ensure community engagement1 transparency1 and accountability in carrying out each stage of the project4 7c7 ,preference for registered apprenticeship programs ,to the maximum extent practicable1 a recipient of assistance under a covered infrastructure program1 with respect to the project for which the assistance is received1 shall give preference to a bidder that demonstrates a commitment to high-quality job opportunities affiliated with registered apprenticeship programs 7as defined in section #ajdea7;a77#b774 7d7 ,preference for neutrality in union organizing ,notwithstanding any other provision of law1 the head of each relevant ,federal agency1 in consultation with the ,secretary of ,labor1 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 bargaining4 7e7 ,use of ,u4,s4 ,employment ,plan ,notwithstanding any other provision of law1 in carrying out a project under a covered infrastructure program1 each entity that receives ,federal assistance shall use a ,u4,s4 ,employment ,plan for each contract of #e1jjj1jjj or more for the purchase of manufactured goods or of services1 based on an independent cost estimate4 7f7 ,report ,not less frequently than once each fiscal year1 the heads of the relevant ,federal agencies shall jointly submit to ,congress a report describing the implementation of this section4 7g7 ,intent of ,congress 7#a7 ,in general ,it is the intent of ,congress-- 7,a7 to encourage recipients of ,federal assistance under covered infrastructure programs to use a best-value contracting framework described in subsection 7b77#a7 for the purchase of goods and services2 7,b7 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 7c7 and 7d7 when evaluating bids for projects using that assistance2 7,c7 to require that recipients of ,federal assistance under covered infrastructure programs use the ,u4,s4 ,employment ,plan in carrying out the project for which the assistance was provided2 and 7,d7 that full and open competition under covered infrastructure programs means a procedural competition that prevents corruption1 favoritism1 and unfair treatment by recipient agencies4 7#b7 ,inclusion ,a best-value contracting framework described in subsection 7b77#a7 is a framework that authorizes a recipient of ,federal assistance under a covered infrastructure program1 in awarding contracts1 to evaluate a range of factors1 including price1 the quality of products1 the quality of services1 and commitments to the creation of good jobs for all people in the ,united ,states4 ,d ,improving safety1 connectivity1 and access to better opportunities #ajdda4 ,accessibility data program 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,transportation 7referred to in this section as the ,secretary7 shall carry out an accessibility data program 7referred to in this section as the program74 7b7 ,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-- 7#a7 measuring the level of access by multiple transportation modes to important destinations1 which may include-- 7,a7 jobs1 including areas with a concentration of available jobs2 7,b7 health care facilities2 7,c7 child care services2 7,d7 educational and workforce training facilities2 7,e7 affordable and accessible housing2 7,f7 food sources2 and 7,g7 connections between modes1 including connections to-- 7i7 high-quality transit or rail service2 7ii7 safe bicycling corridors2 and 7iii7 safe sidewalks that achieve compliance with applicable requirements of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq472 7#b7 disaggregating the level of access by multiple transportation modes by a variety of population categories1 which may include-- 7,a7 low-income populations2 7,b7 minority populations2 7,c7 age2 7,d7 disability2 and 7,e7 geographical location2 and 7#c7 assessing the change in accessibility that would result from new transportation investments4 7c7 ,eligible entities ,an entity eligible to participate in the program is-- 7#a7 a ,state 7as defined in section #aja7;a7 of title #bc1 ,united ,states ,code72 7#b7 a metropolitan planning organization2 or 7#c7 a rural planning organization4 7d7 ,application ,to be eligible to participate in the program1 an eligible entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require1 including information relating to-- 7#a7 previous experience of the eligible entity measuring transportation access or other performance management experience2 7#b7 the types of important destinations to which the eligible entity intends to measure access2 7#c7 the types of data disaggregation the eligible entity intends to pursue2 and 7#d7 a general description of the methodology the eligible entity intends to apply4 7e7 ,selection ,the ,secretary shall seek to achieve diversity of participants in the program1 including-- 7#a7 by selecting a range of eligible entities that shall include not less than-- 7,a7 #e ,states2 7,b7 #aj metropolitan planning organizations1 of which-- 7i7 #e shall each serve an area with a population of not more than #bjj1jjj people2 and 7ii7 #e shall each serve an area with a population of #bjj1jjj or more people2 and 7,c7 #e rural planning organizations2 and 7#b7 among the eligible entities selected under paragraph 7#a7-- 7,a7 a range of capacity and previous experience with measuring transportation access2 and 7,b7 a variety of proposed methodologies and focus areas for measuring level access4 7f7 ,duties ,for each eligible entity participating in the program1 the ,secretary shall-- 7#a7 develop or acquire an accessibility data set described in subsection 7b72 and 7#b7 submit the data set to the eligible entity4 7g7 ,methodology ,in calculating the measures for the data set under the program1 the ,secretary shall ensure that methodology is open source4 7h7 ,availability ,the ,secretary shall make an accessibility data set under the program available to-- 7#a7 units of local government within the jurisdiction of the eligible entity participating in the program2 and 7#b7 researchers4 7i7 ,report ,not later than #abj days after the last date on which the ,secretary submits data sets to the eligible entity under subsection 7f71 the ,secretary shall submit to ,congress a report on the results of the program1 including the feasibility of developing and providing periodic accessibility data sets for all ,states1 regions1 and localities4 7j7 ,public availability of data ,the ,secretary may make publicly available on the internet the data sets and the report under subsection 7i74 7k7 ,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 ,secretary4 #ajddb4 ,establishment of performance measures for transportation accessibility 7a7 ,connectivity and accessibility performance measures ,section #aej of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7c7-- 7,a7 in paragraph 7#a71 by inserting and in the case of paragraph 7#g71 not later than #c years after the date of enactment of the ,build ,local1 ,hire ,local ,act1 after ,,map-#ba12 and 7,b7 by adding at the end the following3 7#g7 ,multimodal transportation connectivity and accessibility 7,a7 ,definition of disadvantaged population ,in this paragraph1 the term disadvantaged population means a low-income population1 a minority population1 or people with disabilities1 as determined by the ,secretary4 7,b7 ,regulations ,the ,secretary shall issue such regulations as are necessary to establish performance measures relating to transportation connectivity and accessibility for ,states1 metropolitan planning organizations1 and units of local government to improve the connectivity and accessibility of roadways1 public transportation infrastructure1 pedestrian and bikeway infrastructure1 and other transportation infrastructure4 7,c7 ,inclusions ,the performance measures established pursuant to subparagraph 7,b7 shall include measures to assess-- 7i7 with respect to the general population serviced by a transportation system-- 7,i7 the change in cumulative access to employment opportunities and other essential services1 including educational and workforce training locations1 health care facilities1 recreational assets1 and supermarkets and grocers2 7,,ii7 multimodal choice and enhanced interconnections among modes-- 7aa7 to offer variety of choice between and among modes2 7bb7 to provide accessible and reliable transportation for all users2 and 7cc7 to encourage travel demand management among local and statewide employers2 and 7,,iii7 any other issues the ,secretary determines to be appropriate2 and 7ii7 with respect to disadvantaged populations serviced by a transportation system-- 7,i7 transportation accessibility for disadvantaged populations2 7,,ii7 change in cumulative accessibility for disadvantaged populations to employment opportunities and other essential services1 including educational and workforce training locations1 health care facilities1 recreational assets1 and supermarkets and grocers2 and 7,,iii7 any other issues the ,secretary determines to be appropriate4 2 7#b7 in subsection 7d77#a71 by striking and 7#f7 and inserting 7#f71 and 7#g72 and 7#c7 by adding at the end the following3 7f7 ,report on multimodal transportation connectivity and accessibility ,not less frequently than annually-- 7#a7 each ,state1 metropolitan planning organization1 and unit of local government shall submit to the ,secretary the progress of that entity toward achieving the performance measures under subsection 7c77#g72 and 7#b7 the ,secretary shall-- 7,a7 submit to ,congress a report that includes the results of the reporting under paragraph 7#a72 and 7,b7 make publicly available on the internet the report under subparagraph 7,a7 and any accompanying data4 4 7b7 ,highway metropolitan planning coordination ,section #acd7;h77#b77;,b7 of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7iii7 ,multimodal transportation accessibility performance targets ,selection of performance targets by a metropolitan planning organization shall be coordinated1 to the maximum extent practicable1 with the relevant ,state1 local transportation planning agencies1 and providers of public transportation to ensure consistency with section #aej7;c77#g74 4 7c7 ,public transportation metropolitan planning coordination ,section #ecjc7;h77#b77;,b7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7iii7 ,multimodal transportation accessibility performance targets ,selection of performance targets by a metropolitan planning organization shall be coordinated1 to the maximum extent practicable1 with the relevant ,state1 local transportation planning agencies1 and providers of public transportation to ensure consistency with section #aej7;c77#g7 of title #bc4 4 #ajddc4 ,technical assistance program 7a7 ,in general ,the ,secretary of ,transportation 7referred to in this section as the ,secretary71 in coordination with the ,administrator of the ,federal ,highway ,administration1 the ,administrator of the ,federal ,transit ,administration1 the ,secretary of ,housing and ,urban ,development1 and the ,secretary of ,agriculture shall establish a program 7referred to in this section as the program7 to provide technical assistance to local communities adjacent to planned or existing transportation infrastructure projects to explore design and policy approaches to create connected1 economically prosperous1 and environmentally and physically healthy communities that-- 7#a7 avoid displacement of the current population2 and 7#b7 maximize high-quality jobs in the ,united ,states that pay family-sustaining wages4 7b7 ,purposes ,the purposes of the program are-- 7#a7 to identify innovative solutions to infrastructure challenges1 including reconnecting communities that-- 7,a7 are bifurcated by infrastructure such as highways or viaducts2 7,b7 lack safe1 reliable1 and affordable transportation choices2 or 7,c7 have been disconnected due to natural disasters1 in particular1 communities in areas that are being harmed the most by climate change2 and 7#b7 to inform the transportation planning and project life cycle by actively encouraging community input and feedback4 7c7 ,application ,to be eligible to receive technical assistance under the program1 a local community described in subsection 7a7 shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require1 including-- 7#a7 a description of the community team that will participate in the program1 which shall consist of-- 7,a7 elected officials2 7,b7 senior transportation professionals2 7,c7 ,state workforce development boards or local workforce development boards2 and 7,d7 a cross-section of residents of the local community2 7#b7 a description of a neighborhood infrastructure challenge1 including all modes and users of transportation1 in the local community that limits access to social or economic centers or other essential services2 7#c7 an explanation of the goals the local community aims to achieve with assistance under the program2 and 7#d7 letters of support from the applicable ,state department of transportation and other entities1 such as community groups1 transit agencies1 port authorities1 metropolitan planning organizations1 and political subdivisions of ,state and local governments4 7d7 ,priority ,in selecting local communities to participate in the program1 the ,secretary shall give priority to a local community that is economically disadvantaged4 7e7 ,technical assistance ,the ,secretary shall provide to a local community that is selected to participate in the program-- 7#a7 technical assistance to inform1 prepare1 and enable the local community to better engage in-- 7,a7 ,federal transportation planning2 7,b7 programming and planning to improve resiliency and environmental sustainability and reduce greenhouse gas emissions2 7,c7 the environmental review process under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7,d7 life-cycle analysis of a prospective project2 7,e7 ,federal assistance programs2 and 7,f7 policies that maximize the creation of high-quality jobs in the ,united ,states2 and 7#b7 technical expertise through representatives from regional and national design1 architecture1 engineering1 and planning firms and public1 private1 and nonprofit land use professionals4 7f7 ,funding ,the ,secretary shall use not less than #aj percent of the amounts made available to carry out section #ajddd for each fiscal year to carry out the program4 #ajddd4 ,connect ,communities ,program 7a7 ,establishment 7#a7 ,in general ,the ,secretary of ,transportation 7referred to in this section as the ,secretary71 in coordination with the ,administrator of the ,federal ,highway ,administration1 the ,administrator of the ,federal ,transit ,administration1 the ,secretary of ,housing and ,urban ,development1 the ,secretary of ,labor1 the ,administrator of the ,environmental ,protection ,agency1 and the ,secretary of ,agriculture shall carry out a competitive grant program to be known as the ,connect ,communities ,program 7referred to in this section as the program7 to provide grants for projects to create connected1 economically prosperous1 and environmentally and physically healthy communities in-- 7,a7 areas that are economically disadvantaged1 including areas that have experienced levels of poverty of #bj percent or more1 high levels of outmigration1 and high levels of deindustrialization2 7,b7 areas that currently lack accessible and affordable transportation options in terms of-- 7i7 lack of access to jobs and services2 and 7ii7 lack of physical accessibility2 7,c7 neighborhoods bifurcated by large-scale infrastructure projects2 or 7,d7 areas that have been negatively impacted by climate change4 7#b7 ,goals ,the goals of the program are-- 7,a7 to reduce the cost of construction1 operations1 and maintenance of arterial highways2 7,b7 to demonstrate the social1 economic1 and environmental benefits that result from replacing a grade-separated facility with an at-grade boulevard2 7,c7 to improve neighborhood connectivity1 including the re-establishment of through streets eliminated as a result of the construction of the grade-separated facility2 7,d7 to increase the total acreage of land within the project corridor returned to productive use1 including commercial1 residential1 recreational1 and habitat restoration uses2 7,e7 to improve the resiliency and reduce the environmental impact of existing infrastructure assets2 and 7,f7 to increase the connectivity of disadvantaged communities to economic opportunity4 7b7 ,eligibility 7#a7 ,eligible entities ,an entity eligible to receive a grant under the program is-- 7,a7 a ,state 7as defined in section #aja7;a7 of title #bc1 ,united ,states ,code7 or any other territory or possession of the ,united ,states2 7,b7 an ,indian ,tribe2 7,c7 a unit of local government2 7,d7 a political subdivision of a ,state or local government2 7,e7 a transit agency2 7,f7 a metropolitan planning organization2 7,g7 a nonprofit organization1 including a community mission-based organization2 7,h7 a community development financial institution 7as defined in section #ajc of the ,riegle ,community ,development and ,regulatory ,improvement ,act of #aiid 7#ab ,u4,s4,c4 #dgjb772 7,i7 a special purpose district or public authority with a transportation function1 including a port authority2 7,j7 a ,federal land management agency that applies jointly with a ,state or group of ,states2 or 7,k7 a multistate or multijurisdictional group of entities described in subparagraphs 7,a7 through 7,j74 7#b7 ,eligible projects ,a project eligible to be carried out with funds from a grant provided under the program is-- 7,a7 a project for community-based redevelopment1 rehabilitation1 or replacement of infrastructure1 including-- 7i7 the removal of a limited access highway1 a viaduct or overpass1 an ,interstate route1 an interchange1 a bridge1 or any other principal arterial facility that has-- 7,i7 historically had detrimental effects on minority and low-income communities2 or 7,,ii7 created barriers to community connectivity due to high speeds1 grade separations or other design factors2 and 7ii7 if necessary to achieve the purposes of the program1 road realignment or new construction2 7,b7 a project to prevent the displacement of minority or low-income individuals or businesses during and after redevelopment1 rehabilitation1 or replacement of infrastructure2 7,c7 a project for transit-oriented development in a low-income area or that benefits low-income individuals that includes #a or more of-- 7i7 transit-supportive1 accessible1 mixed-use development 7including commercial development1 affordable and accessible housing1 and market-rate housing7 that is within #b miles of and accessible to #a or more public transportation facilities that-- 7,i7 achieve compliance with-- 7aa7 applicable requirements of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq472 and 7bb7 the most recent public rights-of-way accessibility guidelines developed by the ,architectural and ,transportation ,barriers ,compliance ,board established by section #ejb7;a77#a7 of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gib7;a77#a772 and 7,,ii7 are connected with high frequency to job centers2 7ii7 the facilitation of multimodal connectivity and accessibility to employment opportunities and other essential services1 including educational and workforce training locations1 health care facilities1 recreational assets1 and supermarkets and grocers2 and 7iii7 an increase in access to transit hubs for pedestrian and bicycle traffic2 7,d7 a public transportation project eligible for assistance under chapter #ec of title #di1 ,united ,states ,code1 that will achieve the purposes of the program1 including-- 7i7 an investment in intermodal projects2 and 7ii7 a new fixed guideway capital project or a small start project 7as those terms are defined in section #ecji7;a7 of title #di1 ,united ,states ,code71 if a grant under the program will expedite the completion of the project and the entry into revenue service of the project2 7,e7 a passenger rail transportation project that achieves the purpose of the program2 7,f7 a project to improve the resiliency of infrastructure against natural disasters2 7,g7 a project to reduce the environmental impact of existing infrastructure assets2 7,h7 a project to bring a community into compliance with the performance measures established under section #aej7;c77#g7 of title #bc1 ,united ,states ,code2 and 7,i7 any other project that the ,secretary determines would achieve the purpose of the program4 7#c7 ,eligible areas ,an eligible project under paragraph 7#b7 shall be carried out in an area or neighborhood described in subparagraphs 7,a7 through 7,d7 of subsection 7a77#a74 7c7 ,applications 7#a7 ,in general ,to be eligible to receive a grant under the program1 an eligible entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require1 including-- 7,a7 a project plan developed with assistance under section #ajddc or independently1 as applicable2 7,b7 a description of how the project meets the criteria described in subsection 7d72 7,c7 a certification that the eligible entity has solicited public comments on the project plan that includes-- 7i7 a certification that the eligible entity has held #b or more public hearings1 at least #a 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 located2 7ii7 a description of the process for receiving public comments1 including involvement of residents and stakeholders in the community in which the project will occur2 7iii7 a summary of the comments received2 and 7iv7 such other information as the ,secretary may require2 7,d7 a description of how the grant would be used and the current status of project planning2 7,e7 a description of how the project will address the purposes of the program1 including plans to avoid displacement of current residents in the project area2 7,f7 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 project2 7,g7 an assessment of-- 7i7 the accessibility of employment opportunities and other essential services1 including educational and workforce training locations1 health care facilities1 recreational assets1 and supermarkets and grocers1 within the area to public transportation facilities and nearby affordable housing2 and 7ii7 how the proposed project will relate to identified needs in those areas2 7,h7 an assessment of transportation options in the area1 including-- 7i7 public transportation options2 7ii7 options for people with low incomes1 people living in high-poverty areas1 elderly people1 and people with disabilities2 and 7iii7 any obstacles to providing access to locations that offer employment opportunities and other essential services1 including educational and workforce training locations1 health care facilities1 recreational assets1 and supermarkets and grocers2 7,i7 an assessment of methods for lowering the combined cost of housing and transportation for families in the region1 particularly for families that utilize workforce housing and for low-1 very low-1 and extremely low-income families2 7,j7 an assessment of how the project will revitalize existing communities1 including-- 7i7 the approximate number of jobs the project will create2 7ii7 the services the project will deliver to workers and the community2 and 7iii7 any antidisplacement efforts that will be included in the project2 7,k7 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 completed2 and 7,l7 information about the status of applicable ,federal environmental reviews and approvals for the project1 including reviews and approvals under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#b7 ,multiple projects ,an eligible entity may submit an application for multiple projects in #a application4 7#c7 ,definition of workforce housing ,for the purpose of paragraph 7#a77;,i71 the term workforce housing means housing1 the cost of which does not exceed #cj percent of-- 7,a7 the amount equal to #abj percent of the median income in the area1 as determined by the ,secretary1 with appropriate adjustments for the size of the family2 or 7,b7 if the ,secretary determines that there are unusually high or low incomes in the area1 another amount1 as determined by the ,secretary4 7d7 ,selection 7#a7 ,in general ,the ,secretary shall select projects to receive grants under the program based on-- 7,a7 how the project will contribute to a state of good repair for infrastructure assets2 7,b7 how the project would increase economic competitiveness1 including the effects of revitalizing communities1 neighborhoods1 and commercial centers supported by existing infrastructure2 7,c7 how the project will support environmental protection1 including resiliency1 by increasing demand for nonmotorized transportation and public transportation2 7,d7 how or whether the project will prevent residents in the area from being forcibly or unwillingly displaced2 7,e7 the anticipated effects on quality of life for all residents in the project area2 7,f7 whether the project uses innovative strategies1 including innovative technologies1 innovative project delivery1 or innovative financing2 7,g7 the extent to which the project-- 7i7 is supported by a broad range of stakeholders2 7ii7 demonstrates collaboration among neighboring and regional jurisdictions2 and 7iii7 is coordinated with projects with similar objectives1 such as projects for economic development1 housing1 water and waste infrastructure1 power and electric infrastructure1 broadband1 and land use plans and policies2 7,h7 how the project will increase non-,federal revenue for transportation infrastructure investment2 7,i7 demonstrated project readiness1 including use of technical assistance under section #ajddc2 and 7,j7 the costs and benefits of the project4 7#b7 ,priority ,the ,secretary shall give priority to projects that have been developed under the technical assistance program under section #ajddc4 7e7 ,distribution of grants 7#a7 ,in general ,in providing grants under the program1 the ,secretary shall ensure-- 7,a7 an equitable geographic distribution of funds2 and 7,b7 an appropriate balance in addressing the needs of urban1 suburban1 rural1 and ,tribal communities4 7#b7 ,limitation ,for each fiscal year1 the ,secretary shall ensure that the total amount of funds provided through grants under the program for each ,state is not more than #aej1jjj1jjj4 7f7 ,amount of grant 7#a7 ,in general ,except as provided in paragraph 7#b7 and subject to subsection 7e77#b71 a grant provided under the program shall be in an amount that is not less than #e1jjj1jjj4 7#b7 ,rural and ,tribal areas ,in the case of a project in a rural area 7as defined in section #aja7;a7 of title #bc1 ,united ,states ,code71 or in a ,tribal area1 a grant provided under the program shall be in an amount that is not less than #a1jjj1jjj4 7g7 ,use of funds 7#a7 ,in general ,subject to paragraph 7#b71 an eligible entity that receives a grant under the program may use the grant funds for-- 7,a7 development phase activities1 including planning1 feasibility analysis1 revenue forecasting1 environmental review1 permitting1 preliminary engineering and design work1 and other preconstruction activities2 and 7,b7 construction1 reconstruction1 rehabilitation1 replacement1 acquisition of real property 7including land relating to the project and improvements to land71 environmental mitigation1 construction contingencies1 and acquisition of equipment4 7#b7 ,limitation ,not more than #bj percent of the amount of the grant may be used for the activities described in paragraph 7#a77;,a74 7h7 ,federal share 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,federal share of the cost of a project carried out with a grant under the program shall not exceed #hj percent4 7#b7 ,hardship areas ,the ,federal share of the cost of a project carried out with a grant under the program may be up to #ajj percent if the ,secretary identifies the area in which the project will be carried out as a hardship area1 as determined by the ,secretary4 7i7 ,,tifia program ,on the request of an eligible entity1 the ,secretary may use #e percent of the grant for the purpose of paying the subsidy and administrative costs necessary to provide ,federal credit assistance under chapter #f of title #bc1 ,united ,states ,code1 for the project4 7j7 ,standards ,notwithstanding any other provision of law1 a project carried out with a grant under the program shall not be subject to the traffic volume requirements under section #aji7;b7 of title #bc1 ,united ,states ,code4 7k7 ,performance measures 7#a7 ,in general ,for each year until the project is completed1 each eligible entity that receives a grant under the program shall agree to establish1 in coordination with the ,secretary1 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 program4 7#b7 ,violation of grant agreement ,if the ,secretary determines that an eligible entity has not met the performance measures established under paragraph 7#a71 is not making reasonable progress toward meeting those measures1 or is otherwise in violation of the grant agreement1 the ,secretary may-- 7,a7 withhold additional financial assistance until the performance measures are met2 or 7,b7 terminate the grant agreement4 7l7 ,community ,advisory ,board 7#a7 ,in general ,for each project carried out with a grant under the program1 the eligible entity shall form a community advisory board4 7#b7 ,composition ,a community advisory board shall be composed of representatives of-- 7,a7 the relevant ,state and units of local government2 7,b7 the relevant ,state workforce development board or local workforce development board2 7,c7 relevant metropolitan planning organizations2 7,d7 labor organizations2 7,e7 residents or organizational representation of the area in which the project is occurring2 and 7,f7 any other relevant representatives important to the implementation of the project1 such as a county board of developmental disabilities1 as determined by the eligible entity1 in coordination with the ,secretary4 7#c7 ,duties ,a community advisory board shall1 with respect to the applicable project-- 7,a7 ensure community engagement1 transparency1 and accountability in carrying out each stage of the project2 and 7,b7 track1 evaluate1 and report progress on clear and meaningful indicators related to-- 7i7 targeted hiring commitments2 7ii7 quality wage1 benefits1 and training commitments2 7iii7 goals for participation by small businesses and businesses in accordance with section #ajdbc7;a7 in the project2 7iv7 progress made on the objectives of the program as described in subsection 7a72 and 7v7 any other relevant areas1 as determined by the eligible entity1 in coordination with the ,secretary4 7#d7 ,stipend ,the eligible entity may provide a stipend to representatives on the community advisory board based on the expressed need of representatives1 on approval by the ,secretary4 7m7 ,reports 7#a7 ,in general ,not less frequently than once each year1 each eligible entity that receives a grant under the program1 in coordination with the applicable community advisory board under subsection 7l71 shall submit to the ,secretary periodic reports on the use of the grant funds4 7#b7 ,contents ,a periodic report under paragraph 7#a7 shall include-- 7,a7 the amount of ,federal funds received1 obligated1 and expended by the eligible entity under the program2 7,b7 the number of projects that have been put out to bid using the grant funds and the amount of ,federal funds associated with each project2 7,c7 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 contracts2 7,d7 the number of projects for which work has begun under the contracts referred to in subparagraph 7,c7 and the amount of ,federal funds associated with the contracts2 7,e7 the number of projects for which work has been completed under the contracts referred to in subparagraph 7,c7 and the amount of ,federal funds associated with the contracts2 7,f7 the number of direct1 on-project jobs created or sustained by the ,federal funds provided for projects under the program and1 to the extent possible1 the estimated indirect jobs created or sustained in the associated supplying industries1 including-- 7i7 the number of job-years created and the total increase in employment in the project area since the date of enactment of this ,act2 and 7ii7 information on local hiring1 hiring of economically disadvantaged individuals1 and hiring of individuals with a barrier to employment 7including ex-offenders7 and disabled individuals 7as defined in section #ajdba71 with respect to the project2 7,g7 an analysis of the contracts awarded that indicates participation levels of small businesses and disadvantaged businesses2 7,h7 suggestions for improvements in transportation accessibility for disadvantaged populations1 based on criteria developed by the ,secretary2 and 7,i7 any other criteria the ,secretary determines to be appropriate4 7#c7 ,report to ,congress ,each fiscal year1 the ,secretary shall transmit to ,congress the reports received by the ,secretary under paragraph 7#a74 7#d7 ,,gao report on infrastructure removals ,not later than #b years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report on infrastructure removal1 including-- 7,a7 an identification of examples of projects to remove infrastructure using assistance from a covered infrastructure program2 7,b7 an evaluation of the effect of infrastructure removal projects on the surrounding area1 including impacts to the local economy1 congestion effects1 safety outcomes1 and impacts on the movement of freight and people2 7,c7 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 assets2 and 7,d7 recommendations for integrating the findings and results under subparagraphs 7,a7 through 7,c7 into infrastructure planning and decisionmaking processes4 7n7 ,funding ,there is authorized to be appropriated to carry out the program #e1jjj1jjj1jjj for each of fiscal years #bjba through #bjbe4 #b ,launching middle class career pathways in infrastructure #ajdea4 ,building ,american ,infrastructure and ,careers ,program 7a7 ,definitions ,in this section3 7#a7 ,,wioa definitions ,the terms career pathway1 community-based organization1 individual with a barrier to employment1 industry or sector partnership1 integrated education and training1 postsecondary educational institution1 recognized postsecondary credential1 and workforce development system have the meanings given those terms in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 7#b7 ,other definitions 7,a7 ,career and technical education ,the term career and technical education has the meaning given the term in section #c of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcjb74 7,b7 ,eligible entity ,the term eligible entity means-- 7i7 a local workforce development board2 7ii7 a ,state workforce development board2 7iii7 an industry or sector partnership1 which may be led by any member of such partnership1 including-- 7,i7 a community-based organization2 7,,ii7 a recognized ,state labor organization1 central labor council1 or another labor representative1 as appropriate2 or 7,,iii7 an education or training provider2 or 7iv7 any combination of entities described in any of clauses 7i7 through 7iii74 7,c7 ,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 #bi and #cj of title #bi1 ,code of ,federal ,regulations1 as in effect on ,january #a1 #bjai4 7,d7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 7,e7 ,supportive services ,the term supportive services means services such as transportation1 child care1 dependent care1 housing1 and needs-related payments1 that are necessary to enable an individual to participate in activities authorized under this subtitle or under the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caja et seq474 7,f7 ,targeted infrastructure industry ,the term targeted infrastructure industry means an infrastructure industry1 including transportation 7including surface1 transit1 aviation1 or railway transportation71 construction1 energy1 water1 information technology1 or utilities industries1 that the eligible entity identifies in accordance with subsection 7c77#b77;,a74 7,g7 ,veteran ,the term veteran has the meaning given such term in section #ajdba4 7,h7 ,work-based learning program ,the term work-based learning program means a program that provides workers with paid work experience and corresponding classroom instruction1 delivered in an employment relationship that both the business and worker intend to be permanent4 7b7 ,establishment of ,building ,american ,infrastructure and ,careers program 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary1 in consultation with the ,secretary of ,transportation1 the ,secretary of ,energy1 the ,secretary of ,commerce1 the ,secretary of ,education1 the ,administrator of the ,environmental ,protection ,agency1 and the ,chief of ,engineers of the ,army ,corps of ,engineers1 shall establish a program1 to be known as the ,building ,american ,infrastructure and ,careers ,program1 to provide grants under paragraph 7#b7 to eligible entities for the purposes of-- 7,a7 promoting careers and quality employment practices in targeted infrastructure industries among individuals with a barrier to employment 7including ex-offenders71 veterans1 or individuals who are traditionally underrepresented in the targeted infrastructure industries2 7,b7 leveraging the existing capacity of workforce development systems through demonstrated partnerships to strategically facilitate and align quality training1 including industry or sector partnerships1 registered apprenticeship programs1 and pre-apprenticeship programs affiliated with registered apprenticeship programs1 and hiring that create a pipeline of qualified workers2 and 7,c7 advancing efficiency and performance on projects in targeted infrastructure industries4 7#b7 ,grants 7,a7 ,in general ,the ,secretary1 in consultation with the ,secretary of ,transportation1 the ,secretary of ,energy1 the ,secretary of ,commerce1 the ,secretary of ,education1 the ,administrator of the ,environmental ,protection ,agency1 and the ,chief of ,engineers of the ,army ,corps of ,engineers1 shall award grants on a competitive basis to eligible entities that submit an application meeting the requirements under subsection 7c7 for such eligible entities to1 subject to subparagraph 7,e71 carry out a job training program including the activities described in subsection 7d7 for assisting individuals with a barrier to employment 7including ex-offenders71 veterans1 or individuals who are traditionally underrepresented in the targeted infrastructure industry1 in obtaining and maintaining employment in a targeted infrastructure industry4 7,b7 ,types of grants ,a grant awarded under this section may be in the form of-- 7i7 an implementation grant1 for entities seeking an initial grant under this section1 in order for such entity to establish and carry out a job training program described in subparagraph 7,a72 or 7ii7 a renewal grant for entities that have already received an implementation grant under this section for such a job training program1 in order for such entity to continue carrying out such job training program4 7,c7 ,duration ,each grant awarded under this section shall be for a period not to exceed #c years4 7,d7 ,amount ,the amount of a grant awarded under this section may not exceed-- 7i7 for an implementation grant1 #b1ejj1jjj2 and 7ii7 for a renewal grant1 #a1ejj1jjj4 7,e7 ,construction industry ,notwithstanding any other provision in this section1 if the targeted infrastructure industry for a grant awarded under this section is the construction industry1 the grant shall only be available for the establishment or operation of a pre-apprenticeship program affiliated with a registered apprenticeship program4 7#c7 ,award basis 7,a7 ,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 grants1 including a balance between rural and tribal areas and urban areas4 7,b7 ,priority for targeted hiring or ,u4,s4 employment plan projects ,in awarding grants under this section1 the ,secretary shall give priority to eligible entities that-- 7i7 ensure that not less than #ej percent of the workers hired to participate in the job training program are hired through local hiring in accordance with section #ajdaa1 including by prioritizing individuals with a barrier to employment 7including ex-offenders71 disabled individuals as defined in section #ajdba1 veterans1 and individuals that represent populations that are traditionally underrepresented in the infrastructure workforce2 or 7ii7 ensure the commitments described in clauses 7i7 and 7ii7 of section #ajdca7;a77#b77;,a7 with respect to carrying out the job training program4 7,c7 ,priority for renewal grants ,in awarding renewal grants under this section1 the ,secretary shall give priority to eligible entities that demonstrate long-term sustainability of an industry or sector partnership4 7c7 ,application process 7#a7 ,in general ,an eligible entity seeking a grant under this section shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may reasonably require1 including the contents described in paragraph 7#b74 7#b7 ,contents ,an application submitted under paragraph 7#a7 shall contain1 at a minimum-- 7,a7 an identification of the targeted infrastructure industry to be served by the job training program supported by a grant under this section2 7,b7 a description of the individuals with a barrier to employment1 veterans1 or individuals who are traditionally underrepresented in the targeted infrastructure industry1 that will be served by such program1 including-- 7i7 an analysis of the labor market in the targeted infrastructure industry2 7ii7 a description of the barriers to employment that may affect such individuals2 and 7iii7 a description of strategies that the program will employ to help such individuals overcome such barriers2 7,c7 a description of the credentials that the program will assist such individuals in obtaining1 which credentials-- 7i7 shall be nationally portable2 7ii7 shall be recognized postsecondary credentials or1 if not available for the industry1 other credentials determined by the ,secretary to be appropriate2 and 7iii7 shall be related to the targeted infrastructure industry2 and 7,d7 a description of the services described in subsection 7d77#c7 that the program will offer to such individuals4 7d7 ,activities 7#a7 ,in general ,each job training program supported under this section-- 7,a7 shall include-- 7i7 activities designed to achieve the strategic objectives described in paragraph 7#b72 and 7ii7 the services described in paragraph 7#c7 for individuals with a barrier to employment 7including ex-offenders71 veterans1 or individuals who are traditionally underrepresented in the targeted infrastructure industry2 and 7,b7 may include a partnership between the eligible entity and an employer to assist such employer in carrying out a work-based learning program1 including a registered apprenticeship program or a pre-apprenticeship program affiliated with a registered apprenticeship program4 7#b7 ,strategic objectives ,the strategic objectives described in this paragraph are the following3 7,a7 7i7 ,recruiting key stakeholders in the targeted infrastructure industry1 which stakeholders may include employers1 labor organizations1 local workforce development boards1 and education and training providers1 including providers of career and technical education4 7ii7 ,regularly convening such stakeholders in a collaborative manner that supports the sharing of information1 ideas1 and challenges1 which are common to the targeted infrastructure industry4 7,b7 ,identifying the training needs of employers in the targeted infrastructure industry1 including-- 7i7 needs for skills critical to competitiveness and innovation in such industry2 7ii7 needs of registered apprenticeship programs1 pre-apprenticeship programs affiliated with registered apprenticeship programs1 or other work-based learning programs that may be supported by a grant under this section2 and 7iii7 needs for the alignment of a job training program supported under this section with career pathways4 7,c7 ,facilitating actions1 through industry or sector partnerships1 registered apprenticeship programs1 or pre-apprenticeship programs affiliated with registered apprenticeship programs1 that lead to economies of scale by aggregating training and education needs of multiple employers in the targeted infrastructure industry4 7,d7 ,assisting postsecondary educational institutions1 training institutions1 sponsors of registered apprenticeship programs1 and all other providers of career and technical education and training programs that may be receiving assistance under this section1 align curricula1 entrance requirements1 and programs to the targeted infrastructure industry needs and the credentials described in subsection 7c77#b77;,c71 particularly for high-skill1 high-priority occupations related to the targeted infrastructure industry4 7,e7 ,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 7#bi ,u4,s4,c4 #di et seq471 including staff of the agency that provide services under such ,act1 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 section4 7,f7 ,assisting employers in the targeted infrastructure industry to attract potential workers from a diverse jobseeker base1 including individuals with a barrier to employment 7including ex-offenders71 veterans1 or individuals who are traditionally underrepresented in the targeted infrastructure industry1 by identifying any such barriers1 reasons for such underrepresentation1 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 barriers1 reduce such underrepresentation1 and address such issues4 7#c7 ,services 7,a7 ,in general ,each job training program supported by a grant under this section shall provide services to individuals with a barrier to employment1 veterans1 or individuals who are traditionally underrepresented in the targeted infrastructure industry1 which may include-- 7i7 pre-employment services as described in subparagraph 7,b72 and 7ii7 employment services as described in subparagraph 7,c74 7,b7 ,pre-employment services ,the pre-employment services described in this subparagraph may include-- 7i7 skills training1 including career and technical education1 and integrated education and training1 with respect to the targeted infrastructure industry2 7ii7 initial assessments of such individuals2 7iii7 services to provide work attire and necessary tools for a work site in the targeted infrastructure industry2 7iv7 supportive services1 such as child care and transportation2 7v7 mentoring services2 and 7vi7 job placement assistance4 7,c7 ,employment services ,the employment services described in this subparagraph are services provided to individuals with a barrier to employment 7including ex-offenders71 veterans1 or individuals who are traditionally underrepresented in the targeted infrastructure industry1 and that are employed in a work-based learning program in the targeted infrastructure industry4 ,a job training program supported by a grant under this section shall provide such services to such individuals during their first #f months of employment through such program1 to assure the individuals succeed in the program4 ,such services may include-- 7i7 ongoing case management and services1 including the services described in subparagraph 7,b72 7ii7 continued skills training1 including career and technical education1 integrated education and training1 and soft-skills training such as problem solving and leadership training1 conducted in collaboration with the employers of such individuals2 7iii7 additional mentorship and retention supports for such individuals2 and 7iv7 targeted training for the employer participating in the work-based learning program1 including for frontline managers1 journey level workers 7such as mentors7 working with individuals with a barrier to employment1 veterans1 or individuals who are traditionally underrepresented in the targeted infrastructure industry1 and human resource representatives of the employer4 7e7 ,evaluations 7#a7 ,in general ,not later than #c years after the date of enactment of this ,act1 the ,secretary1 in consultation with the ,secretary of ,transportation1 the ,secretary of ,energy1 the ,secretary of ,commerce1 the ,secretary of ,education1 the ,administrator of the ,environmental ,protection ,agency1 and the ,chief of ,engineers of the ,army ,corps of ,engineers1 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 7d77#b71 and the purposes described in subsection 7b77#a74 7#b7 ,data ,the report required under paragraph 7#a7 shall provide and analyze each of the following3 7,a7 ,the number of participants in job training programs supported under this section1 disaggregated by age1 race or ethnicity1 gender1 status as an individual with a barrier to employment1 and income4 7,b7 ,the percentage of such participants who are in unsubsidized employment prior to enrolling in such program4 7,c7 ,the median earnings of such participants prior to enrolling in such program4 7,d7 ,the percentage of such participants who are in unsubsidized employment during the second quarter after exit from such program and salary statistics of such participants1 including mean and median earnings4 7,e7 ,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 participants1 including mean and median earnings4 7,f7 ,the percentage of such participants who obtain a recognized postsecondary credential1 or a secondary school diploma or its recognized equivalent1 during participation in or within #a year after exit from such program4 7,g7 ,the percentage of such participants who1 during a program year1 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 employment4 #ajdeb4 ,infrastructure workforce equity capacity building program 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means an entity that-- 7,a7 has an affiliate network or offices in not less than #c communities and across not less than #b ,states2 7,b7 has the programmatic capability to serve individuals with a barrier to employment or individuals who are traditionally underrepresented in infrastructure industries2 7,c7 has clearly and convincingly demonstrated that it has the capacity to provide technical assistance to entities carrying out job training programs under section #ajdea2 and 7,d7 submits an application in accordance with subsection 7c74 7#b7 ,individual with a barrier to employment ,the term individual with a barrier to employment has the meaning given such term in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 7b7 ,capacity building program ,the ,secretary shall reserve #aj percent of the amounts appropriated under section #ajdec to award grants1 contracts1 or other agreements or arrangements as the ,secretary determines appropriate1 to eligible entities for the purpose of building the capacity of entities receiving a grant under section #ajdea to implement the activities described in subsection 7d7 of such section to more effectively serve individuals with a barrier to employment1 including ex-offenders1 veterans as defined in section #ajdba1 or individuals who are traditionally underrepresented in the targeted infrastructure industry served through the job training program supported under such section4 7c7 ,application ,an entity seeking an award under this section shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may reasonably require4 7d7 ,use of ,funds ,an award made under this section may be used to provide technical assistance to entities receiving a grant under section #ajdea in order for such entities to carry out the activities described in subsection 7d7 of that section4 ,such technical assistance may include assistance with-- 7#a7 the development and training of staff2 7#b7 the provision of outreach1 intake1 assessments1 and service delivery2 7#c7 the coordination of services across providers and programs2 and 7#d7 the development of performance accountability measures4 7e7 ,amount ,the amount of a grant awarded under this section may not exceed #e1jjj1jjj4 7f7 ,report ,an eligible entity receiving a grant under this section shall1 not later than #f months after the grant is awarded1 submit to the ,secretary a report that includes-- 7#a7 the impact of the technical assistance provided under this section on the outcomes of grants under section #ajdea2 and 7#b7 such other criteria as determined by the ,secretary4 #ajdec4 ,authorization of appropriations ,there is authorized to be appropriated to carry out this title #a1jjj1jjj1jjj for each of fiscal years #bjba through #bjbe4 #c ,investing in high-quality ,american jobs #ajdfa4 ,wage rate 7a7 ,davis-,bacon ,act 7#a7 ,in general ,notwithstanding any other provision of law1 for fiscal year #bjba and each fiscal year thereafter1 all laborers and mechanics employed by contractors or subcontractors on projects assisted in whole or in part under a covered infrastructure program1 including projects described in paragraph 7#c7 assisted in whole or in part under such programs1 without regard to the form or type of ,federal assistance provided under such program1 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 #ca of title #dj1 ,united ,states ,code 7commonly known as the ,davis-,bacon ,act74 7#b7 ,authority ,with respect to the labor standards specified in paragraph 7#a71 the ,secretary of ,labor shall have the authority and functions set forth in ,reorganization ,plan ,numbered #ad of #aiej 7#fd ,stat4 #abfg2 #e ,u4,s4,c4 ,app47 and section #cade of title #dj1 ,united ,states ,code4 7#c7 ,revolving loan funds ,a project described in this paragraph is a project1 in the case of a covered infrastructure program that capitalizes revolving loan funds1 that is assisted in whole or in part with amounts deposited in the revolving loan fund1 including loan repayments and interest earned4 7b7 ,service employees 7#a7 ,in general ,notwithstanding any other provision of law1 for fiscal year #bjba and each fiscal year thereafter1 all service employees1 including service employees that are operations workers or maintenance workers1 employed by contractors or subcontractors on projects assisted in whole or in part under a covered infrastructure program1 without regard to the form or type of ,federal assistance provided under such program1 shall be paid a wage and fringe benefits that are not less than the minimum wage and fringe benefits determined in accordance with paragraphs 7#a7 and 7#b71 respectively1 of section #fgjc of title #da1 ,united ,states ,code1 for service employees engaged in the performance of a contract or subcontract to which chapter #fg of title #da1 ,united ,states ,code1 applies4 7#b7 ,definition of service employee ,in this subsection1 the term service employee has the meaning given such term in section #fgja of title #da1 ,united ,states ,code4 #ajdfb4 ,raise labor standards1 improve working conditions1 and strengthen workers' bargaining power 7a7 ,definitions ,in this section-- 7#a7 the term covered award means an award of not less than #ejj1jjj made to an entity under a covered infrastructure program by the head of the relevant ,federal agency2 and 7#b7 the term covered subaward means a subaward of not less than #ejj1jjj made to an entity under a covered infrastructure program by another entity receiving a covered award4 7b7 ,required pre-,grant1 loan1 or contract award actions 7#a7 ,disclosures ,the head of a relevant ,federal agency shall require an entity applying for a covered award-- 7,a7 to represent1 to the best of the entity's knowledge and belief1 whether there has been any administrative merits determination1 arbitral award or decision1 or civil judgment1 as defined in guidance issued by the ,secretary of ,labor1 rendered against the entity in the preceding #c years for violations of-- 7i7 the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq472 7ii7 the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fea et seq472 7iii7 the ,migrant and ,seasonal ,agricultural ,worker ,protection ,act 7#bi ,u4,s4,c4 #ahja et seq472 7iv7 the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq472 7v7 subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code 7commonly known as the ,davis-,bacon ,act72 7vi7 chapter #fg of title #da1 ,united ,states ,code 7commonly known as the ,service ,contract ,act72 7vii7 ,executive ,order #aabdf 7#db ,u4,s4,c4 #bjjj;e note2 relating to equal employment opportunity71 including any amendment to such ,executive order2 7viii7 section #ejc of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gic72 7ix7 section #dbab of title #ch1 ,united ,states ,code2 7x7 the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfja et seq472 7xi7 title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq472 7xii7 the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq472 7xiii7 the ,age ,discrimination in ,employment ,act of #aifg 7#bi ,u4,s4,c4 #fba et seq472 7xiv7 ,executive ,order #acfeh 7#gi ,fed4 ,reg4 #ihea2 relating to establishing a minimum wage for contractors72 7xv7 subsection 7h7 of this section2 or 7xvi7 equivalent ,state laws1 as defined in guidance issued by the ,secretary of ,labor2 and 7#b7 to require any applicant for a covered subaward from the entity-- 7,a7 to represent to the best of the applicant's knowledge and belief1 whether there has been any administrative merits determination1 arbitral award or decision1 or civil judgment1 as defined in guidance issued by the ,secretary of ,labor1 rendered against the applicant in the preceding #c years for violations of any of the labor laws listed in paragraph 7#a72 and 7,b7 to update such information not less than every #f months for the duration of the covered subaward4 7c7 ,pre-,award ,corrective ,measures ,the head of a relevant ,federal agency shall1 prior to awarding a covered award1 provide an entity that makes a disclosure under subsection 7b77#a7 an opportunity to report any steps taken to correct a violation of or improve compliance with the labor laws listed in subsection 7b77#a71 including any agreements entered into by the entity with an enforcement agency4 7d7 ,disclosure of violations 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,labor shall establish a website that-- 7,a7 is available to the public at no cost2 7,b7 indicates each violation disclosed under subsection 7b7 or 7e77#a7 with respect to an entity applying for1 or receiving1 a covered award or covered subaward until such violation is corrected and the entity is in compliance with all labor laws listed in subsection 7b77#a72 and 7,c7 is designed to enable interested parties to easily identify entities applying for1 or receiving1 covered awards or covered subawards that are in violation of any labor laws listed in subsection 7b77#a7 and steps taken by such entities to correct the violations or improve compliance with such laws4 7#b7 ,fulfilling reporting requirements ,the ,secretary of ,labor1 in consultation with the ,director of the ,office of ,management and ,budget and the heads of the relevant ,federal agencies1 shall include on the website established under paragraph 7#a7 the ability for all entities that apply for or receive covered awards or covered subawards to fulfill reporting requirements under this section4 7#c7 ,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 7#a74 7e7 ,post-,award grant1 loan1 or contract actions 7#a7 ,information updates ,the head of a relevant ,federal agency shall require each entity receiving a covered award or covered subaward to1 not later than once every #f months1 update the information provided under paragraph 7#a7 or 7#b71 as applicable1 of subsection 7b74 7#b7 ,corrective actions 7,a7 ,entity awarded assistance ,the head of a relevant ,federal agency1 in consultation with the ,labor ,compliance ,advisor designated by such head under subsection 7f7 and in coordination with the heads of the other relevant ,federal agencies as applicable1 shall determine whether any information provided under paragraph 7#a7 by an entity receiving a covered award warrants corrective action4 ,such action-- 7i7 may include-- 7,i7 an agreement requiring appropriate remedial measures2 7,,ii7 compliance assistance2 7,,iii7 resolving issues to avoid further violations2 7,,iv7 the decision not to exercise an option on assistance awarded or to terminate the assistance awarded2 or 7,v7 in coordination with the heads of the other relevant ,federal agencies1 the decision to debar or suspend the entity from future participation in any of the covered infrastructure programs2 and 7ii7 shall include disclosure on the website established under subsection 7d74 7,b7 ,subawards ,an entity that receives a covered award1 in consultation with head of the relevant ,federal agency and the ,labor ,compliance ,advisor designated by such head under subsection 7f71 shall determine whether any information provided under subsection 7b77#b7 by a recipient of a covered subaward warrants corrective action1 including remedial measures1 compliance assistance1 and resolving issues to avoid further violations4 7#c7 ,department of ,labor investigations ,the ,secretary of ,labor shall1 as appropriate1 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 7,a7 and 7,b7 of paragraph 7#b74 7f7 ,labor compliance advisors 7#a7 ,in general ,each head of a relevant ,federal agency shall designate a senior official to serve as the ,labor ,compliance ,advisor for the agency4 7#b7 ,duties ,the ,labor ,compliance ,advisor shall-- 7,a7 meet quarterly with the ,deputy ,secretary1 ,deputy ,administrator1 or equivalent official of the agency with regard to matters covered under this section2 7,b7 work with officials of the agency to promote greater awareness and understanding of-- 7i7 the labor laws listed in subsection 7b77#a71 including recordkeeping1 reporting1 and notice requirements under such laws2 and 7ii7 best practices for compliance with such laws2 7,c7 advise the head of the relevant ,federal agency whether agreements are in place or are otherwise needed to address appropriate remedial measures1 compliance assistance1 steps to resolve issues to avoid violations of the labor laws listed in subsection 7b77#a71 or other related matters concerning entities applying for or receiving covered awards or covered subawards2 7,d7 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 laws2 7,e7 in consultation with the ,secretary of ,labor or other relevant enforcement agencies1 provide assistance to the head of the relevant ,federal agency regarding appropriate actions to be taken in response to violations1 by entities applying for or receiving covered awards or covered subawards1 of the labor laws listed in subsection 7b77#a7 identified prior to or after receipt of such awards1 and to address complaints in a timely manner1 by-- 7i7 providing assistance to officials of the agency in reviewing the information provided under subsections 7b7 and 7e77#a71 or other information indicating a violation of such a labor law1 in order to assess the serious1 repeated1 willful1 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 laws2 7ii7 helping officials of the agency determine the appropriate response to address violations of the labor laws listed in subsection 7b77#a71 or other information indicating such violations1 particularly serious1 repeated1 willful1 or pervasive violations1 including agreements requiring appropriate remedial measures1 decisions not to award assistance or exercise an option on an award of assistance1 termination of an award of assistance1 or referral of details to be posted on the website established under subsection 7d72 7iii7 providing assistance to officials of the agency in receiving and responding to1 or making referrals of1 complaints alleging violations of the labor laws listed in subsection 7b77#a7 by entities applying for or receiving covered awards or covered subawards2 7iv7 supporting officials of the agency in the coordination of actions taken pursuant to this section to ensure agency-wide consistency1 to the extent practicable2 and 7v7 as appropriate1 sending information to agency suspension and debarment officials in accordance with agency procedures2 7,f7 consult with the head of the relevant ,federal agency1 and the ,secretary of ,labor as necessary1 in the development of regulations1 policies1 and guidance addressing compliance with the labor laws listed in subsection 7b77#a7 by entities applying for or receiving covered awards or covered subawards2 7,g7 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 subawards2 7,h7 publicly report1 on an annual basis1 a summary of actions taken by the head of the relevant ,federal agency to promote greater compliance with the labor laws listed in subsection 7b77#a71 including the head's response to serious1 repeated1 willful1 or pervasive violations of such labor laws2 and 7,i7 participate in the interagency meetings regularly convened by the ,secretary of ,labor under subsection 7g77#b74 7g7 ,measures ,to ensure government-,wide consistency ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,labor shall-- 7#a7 develop a process-- 7,a7 for the ,labor ,compliance ,advisors designated under subsection 7f7 to consult with the ,secretary of ,labor in carrying out the responsibilities of such ,advisors under subsection 7f77#b77;,e72 and 7,b7 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 heads2 7#b7 regularly convene interagency meetings of ,labor ,compliance ,advisors to share and promote best practices for improving compliance with the labor laws listed in subsection 7b77#a72 and 7#c7 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 section4 7h7 ,workforce diversity programs 7#a7 ,in general ,the head of a relevant ,federal agency1 in coordination with the ,secretary of ,labor1 shall require each entity that has not less than #ej 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 recruitment1 selection1 and advancement of individuals who are qualified for the applicable position and who are individuals with a barrier to employment 7including ex-offenders71 racial or ethnic minorities1 women1 disabled individuals1 or veterans4 7#b7 ,structure of workforce diversity programs ,a workforce diversity program required under paragraph 7#a7 of an entity described in such paragraph shall include programs1 policies1 practices1 and procedures that fulfill the purposes of this subsection4 ,such programs1 policies1 practices1 and procedures shall-- 7,a7 contain a diagnostic component that includes more than #a quantitative analysis designed to evaluate the composition of the workforce of the entity and compare such composition to the composition of other relevant workforces2 7,b7 include action-oriented programs1 such as programs for training and outreach2 7,c7 include internal auditing and reporting systems as a means of-- 7i7 measuring the entity's progress toward achieving a diverse workforce2 and 7ii7 monitoring and examining employment decisions and compensation systems to evaluate the impact of those systems on diverse applicants and employees2 7,d7 be incorporated into the entity's personnel policies1 practices1 and procedures2 7,e7 be updated annually for the duration of the project assisted by the covered award or covered subaward2 and 7,f7 be readily available for reporting to the ,secretary for the purposes of compliance review4 7#c7 ,designation of responsibility ,an entity described in paragraph 7#a7 shall provide for the implementation of the workforce diversity program required under such paragraph by-- 7,a7 assigning responsibility and accountability to an official of the entity2 and 7,b7 providing the assigned official with the authority1 resources1 and support of and access to top management of the entity to ensure the effective implementation of such program4 7#d7 ,identification of problem areas 7,a7 ,in general ,an entity described in paragraph 7#a7 shall perform an in-depth analysis of the employment process of the entity to determine-- 7i7 whether impediments to equal employment opportunity exist in such process2 and 7ii7 if such impediments exist1 the aspects of such process in which such impediments exist4 7,b7 ,evaluations ,an analysis under subparagraph 7,a7 shall include an analysis of-- 7i7 whether1 across different positions of the entity1 there are problems of utilization or distribution of individuals who are qualified for such positions and are individuals with a barrier to employment 7including ex-offenders71 racial or ethnic minorities1 women1 disabled individuals1 or veterans2 7ii7 personnel activity to determine whether there are selection disparities1 which such analysis may include an analysis of the number of applications and interviews1 hires1 terminations1 promotions1 and other personnel actions of the entity2 7iii7 compensation systems to determine whether there are disparities in compensation2 7iv7 selection1 recruitment1 referral1 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 7including ex-offenders71 racial or ethnic minorities1 women1 disabled individuals1 or veterans2 and 7v7 any other issue that may impact the success of the workforce diversity program required of the entity under paragraph 7#a74 7#e7 ,action-oriented programs ,an entity described in paragraph 7#a7 shall develop and execute action-oriented programs designed to-- 7,a7 correct any problem areas identified under this subsection2 and 7,b7 attain established goals and objectives that-- 7i7 require the entity to follow different procedures than those procedures that may have previously produced inadequate results2 and 7ii7 demonstrate the entity has made good faith efforts to remove identified barriers to workforce diversity1 expand employment opportunities1 and produce measurable results to achieve improved workforce diversity4 7#f7 ,internal audit and reporting system ,an entity described in paragraph 7#a7 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 paragraph4 ,such system shall include requirements for the entity to-- 7,a7 monitor records of all personnel activity1 including referrals1 placements1 transfers1 promotions1 terminations1 and compensation1 at all levels of employment with the entity to ensure the workforce diversity program is carried out in accordance with the purposes of this subsection2 7,b7 require internal reporting on a scheduled basis as to the degree to which equal employment opportunity and organizational objectives are attained2 7,c7 review the results of reports required under this subsection with all levels of management of the entity2 and 7,d7 advise top management of the entity of the effectiveness of the program and submit recommendations to improve unsatisfactory performance with respect to the program4 7#g7 ,compliance status 7,a7 ,in general ,in determining whether an entity described in paragraph 7#a7 has complied with the requirements for the workforce diversity program under this subsection1 the head of the relevant ,federal agency1 in coordination with the ,secretary of ,labor1 shall-- 7i7 review the nature and extent of the entity's good faith in carrying out activities under paragraphs 7#d71 7#e71 and 7#f71 and the appropriateness of those activities to identify equal employment opportunity problems2 and 7ii7 analyze statistical data and other non-statistical information to indicate whether employees and applicants of the entity are being treated without regard to their race1 color1 religion1 sex1 sexual orientation1 gender identity1 national origin1 or disability status4 7,b7 ,technical assistance ,the head of the relevant ,federal agency1 in coordination with the ,secretary of ,labor1 may provide technical assistance to an entity described in paragraph 7#a7 to assist such entity in achieving compliance with the requirements under this subsection1 which may include an agreement between the head of the relevant ,federal agency and the entity requiring appropriate remedial measures4 7,c7 ,corrective action ,if an entity described in paragraph 7#a7 remains in noncompliance with the requirements under this subsection following technical assistance under subparagraph 7,b71 the head of the relevant ,federal agency1 in coordination with the ,secretary of ,labor and the heads of the other relevant ,federal agencies as applicable1 may take corrective action against the entity4 ,such action may include-- 7i7 the decision not to exercise an option on assistance awarded or to terminate the assistance awarded2 or 7ii7 in coordination with the heads of the other relevant ,federal agencies1 the decision to debar or suspend the entity from future participation in any of the covered infrastructure programs4 7i7 ,paycheck ,transparency 7#a7 ,in general ,except as provided in paragraph 7#c71 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 7#b7 with a document for each pay period containing information concerning1 with respect to such individual for such pay period-- 7,a7 hours worked1 including overtime hours worked2 7,b7 pay1 including any additions made to or deductions made from pay2 and 7,c7 job classification4 7#b7 ,individuals described ,an individual described in this paragraph is any individual performing work on a project for an entity1 receiving a covered award or covered subaward1 that is required to maintain wage records with respect to such individual under-- 7,a7 the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq472 7,b7 subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code 7commonly referred to as the ,davis-,bacon ,act72 7,c7 chapter #fg of title #da1 ,united ,states ,code 7commonly known as the ,service ,contract ,act72 or 7,d7 any applicable ,state law4 7#c7 ,exceptions 7,a7 ,employees exempt from overtime requirements ,a document provided under paragraph 7#a7 to an individual who is exempt under section #ac of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bac7 from the overtime compensation requirements under section #g of such ,act 7#bi ,u4,s4,c4 #bjg7 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 requirements4 7,b7 ,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 subsection4 7#d7 ,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 contractor1 and not as an employee1 of the entity1 the entity shall provide the individual a document informing the individual of the status of the individual as an independent contractor4 7j7 ,notice of hire 7#a7 ,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 7i77#b71 at the time of hiring1 a written notice containing each of the following3 7,a7 ,the name of the entity1 including any name used by the entity in conducting business4 7,b7 ,the physical address of the entity's main office or principal place of business1 and a mailing address1 if different from such physical address4 7,c7 ,the telephone number of the entity4 7,d7 ,the date on which the individual will regularly receive a paycheck from the entity4 7,e7 ,the individual's rate of pay1 and the basis of that rate1 including 7as applicable7-- 7i7 by the hour1 shift1 day1 week1 salary1 piece1 or commission2 7ii7 any allowances claimed as part of the minimum wage1 including tips and meal or lodging allowances2 and 7iii7 overtime rate of pay1 including any exemptions from overtime pay4 7,f7 ,the individual's job classification1 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 performed4 7#b7 ,enforcement 7,a7 ,fine 7i7 ,in general ,the head of a relevant ,federal agency may assess a civil fine1 subject to clause 7ii71 of #ejj against an entity that knowingly violates paragraph 7#a7 for each individual to whom the entity failed to notify in violation of such paragraph4 7ii7 ,inflation ,the head of a relevant ,federal agency shall1 for each year beginning #a year after the date of enactment of this ,act1 adjust the amount under clause 7i7 for inflation4 7,b7 ,rebuttable presumption ,the failure to provide a notice in compliance with paragraph 7#a7 shall be a rebuttable presumption that an entity required to provide such notice knowingly violated such paragraph4 7k7 ,neutrality 7#a7 ,allowable costs ,except as provided in paragraph 7#b71 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 subaward1 including costs of shop stewards1 labor management committees1 employee publications1 and other related activities4 7#b7 ,limitation on ,federal assistance 7,a7 ,in general ,no ,federal assistance made available under a covered award or covered subaward may be used for costs incurred in-- 7i7 activities undertaken to persuade employees of any entity to exercise or not to exercise1 or concerning the manner of such employees in exercising or not exercising1 the right to organize and bargain collectively through representatives of the employees' own choosing2 or 7ii7 any other activities that are subject to the requirements under section #bjc7;b7 of the ,labor-,management ,reporting and ,disclosure ,act of #aiei 7#bi ,u4,s4,c4 #dcc7;b774 7,b7 ,examples ,examples of costs prohibited under subparagraph 7,a7 include the costs of-- 7i7 preparing and distributing materials for a purpose described in subparagraph 7,a72 7ii7 hiring or consulting legal counsel or consultants for such purpose2 7iii7 meetings held for such purpose 7including paying the salaries of the attendees at such meetings72 and 7iv7 planning or conducting activities for such purpose during work hours by managers1 supervisors1 or labor organization representatives4 7l7 ,complaint and dispute transparency 7#a7 ,in general 7,a7 ,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 #aifd 7#db ,u4,s4,c4 #bjjj;e et seq47 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 arises4 7,b7 ,subawards ,each head of a relevant ,federal agency shall require that an entity covered under subparagraph 7,a7 incorporate the requirement under such subparagraph into each subaward made for a project assisted by the award at any tier under the award4 7#b7 ,exception for employees and independents contractors 7,a7 ,in general ,the requirements under paragraph 7#a7 shall not apply with respect to an employee or independent contractor who-- 7i7 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 contractor2 or 7ii7 except as provided in subparagraph 7,b71 entered into a valid agreement to arbitrate claims described in such paragraph before the entity received the award or subaward described in such paragraph4 7,b7 ,applicability ,the requirements under paragraph 7#a7 shall apply with respect to an employee or independent contractor of an entity receiving a covered award or covered subaward-- 7i7 if the entity receiving the award or subaward is permitted to change the terms of the agreement described in subparagraph 7,a77ii7 with the employee or independent contractor2 or 7ii7 in the event such agreement is renegotiated or replaced after the entity receives the award or subaward4 7m7 ,definitions ,in this section3 7#a7 ,disabled individual ,the term disabled individual has the meaning given such term in section #ajdba4 7#b7 ,individual with a barrier to employment ,the term individual with a barrier to employment has the meaning given such term in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 7#c7 ,veteran ,the term veteran has the meaning given such term in section #ajdba4 #ajdfc4 ,buy ,america ,bureau 7a7 ,definitions ,in this section3 7#a7 ,buy ,america law ,the term ,buy ,america law means-- 7,a7 section #cac of title #bc1 ,united ,states ,code2 7,b7 section #ecbc7;j7 of title #di1 ,united ,states ,code2 7,c7 section #bbije7;a7 of title #di1 ,united ,states ,code2 7,d7 section #ejaja7;a7 of title #di1 ,united ,states ,code2 7,e7 section #fjh of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #achh72 and 7,f7 section #adeb7;a77#d7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7;a77#d774 7#b7 ,director ,the term ,director means the ,director of the ,buy ,america ,bureau established by subsection 7b74 7b7 ,establishment ,there is established in the ,department of ,commerce an office1 to be known as the ,buy ,america ,bureau4 7c7 ,leadership ,the ,buy ,america ,bureau shall be headed by a ,director1 who shall-- 7#a7 be appointed by the ,secretary of ,commerce2 and 7#b7 report to the ,secretary of ,commerce4 7d7 ,duties ,the ,director shall-- 7#a7 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 laws2 7#b7 establish guidelines for ensuring transparency in the ,buy ,america auditing process under paragraph 7#a71 including-- 7,a7 the use of and fulfillment of requests pursuant to section #eeb of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act72 and 7,b7 the disclosure of information relating to a ,buy ,america audit by third-party auditors under paragraph 7#a72 7#c7 establish guidelines to support the establishment1 strengthening1 and oversight of compliance with ,buy ,america laws1 taking into consideration and seeking to maximize the direct and indirect domestic jobs benefitted or created2 7#d7 establish a clearinghouse website to make publicly available information on-- 7,a7 ,buy ,america audits conducted by third-party auditors under paragraph 7#a72 7,b7 third-party auditors that have received a certification from the ,director under paragraph 7#a72 and 7,c7 requested waivers of ,buy ,america laws under covered infrastructure programs2 and 7#e7 submit to ,congress an annual report on-- 7,a7 waivers from a ,buy ,america law that have been requested2 7,b7 waivers from a ,buy ,america law that have been granted2 and 7,c7 any supply chain gaps in the ,united ,states that may need to be addressed to improve compliance with ,buy ,america laws without a waiver4 ,e ,transportation ,infrastructure for ,job ,creation #ajeja4 ,short title ,this subtitle may be cited as the ,transportation ,infrastructure for ,job ,creation ,act4 #ajejb4 ,findings ,congress finds the following3 7#a7 ,investments in infrastructure create jobs while fulfilling critical needs in communities throughout the ,united ,states4 7#b7 ,according to the ,brookings ,institution1 nearly #ad4e million workers--#aa percent of the ,u4,s4 workforce--were employed in infrastructure jobs in #bjac4 7#c7 ,according to data from the ,brookings ,institution1 infrastructure occupations often provide more competitive and equitable wages in comparison to all jobs nationally1 consistently paying up to #cj percent more to low-income workers4 7#d7 ,the ,american ,society of ,civil ,engineers gave the infrastructure of the ,united ,states an overall grade of ,d in #bjag and estimated that the ,united ,states will need to invest #d4ei trillion by #bjbe in order to improve the condition of the ,nation's infrastructure and bring it to a state of good repair4 7#e7 ,the ,american ,society of ,civil ,engineers assigned a ,d grade to the ,nation's roads1 a ,c grade to the ,nation's bridges1 and a ,d grade to the ,nation's transit systems and estimated that the ,united ,states will need to invest #b4jd trillion by #bjbe to bring the ,nation's surface transportation infrastructure to a state of good repair4 7#f7 ,,build is a nationwide competitive grant program that creates jobs by funding investments in transportation infrastructure by ,states1 local governments1 and transit agencies4 7#g7 ,,build is formally known as the ,better ,utilizing ,investments to ,leverage ,development 7,,build7 ,transportation ,grants program and was previously known as the ,transportation ,investment ,generating ,economic ,recovery 7,,tiger7 grant program4 7#h7 ,,build funds projects that will have a significant impact on the ,nation1 a metropolitan area1 or a region4 7#i7 ,in distributing grants under ,,build1 the ,secretary of ,transportation is required to ensure an equitable geographic distribution of funds1 a balance in addressing the needs of urban and rural areas1 and investments in a variety of modes of transportation4 7#aj7 ,,tiger or ,,build received an appropriation of #fjj1jjj1jjj in fiscal year #bjad1 an appropriation of #ejj1jjj1jjj in fiscal year #bjae1 an appropriation of #ejj1jjj1jjj in fiscal year #bjaf1 an appropriation of #ejj1jjj1jjj in fiscal year #bjag1 and an appropriation of #a1ejj1jjj1jjj in fiscal year #bjah4 7#aa7 ,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 received4 7#ab7 ,appropriating #g4e billion in fiscal year #bjai for ,,build and allowing the funds to remain available for #f years will enable the ,secretary of ,transportation to begin immediately to expand investments in transportation infrastucture throughout the ,united ,states4 7#ac7 ,restricting appropriations for ,,build through the use of arbitrary budget caps or sequestration undermines economic recovery and job creation efforts2 disrupts planning by ,states1 local governments1 and transit agencies2 and leaves critical infrastructure needs unmet4 7#ad7 ,emergency supplemental appropriations for ,,build1 provided in addition to other appropriations and not subject to sequestration1 will improve transportation infrastructure and create jobs throughout the ,united ,states without reducing funding for other domestic priorities4 7#ae7 ,an emergency supplemental appropriation of #g4e billion for ,,build to be made available in fiscal year #bjai and to remain available for #f years will allow the ,secretary of ,transportation to begin immediately to organize new competitions for ,,build grants and allow ,states1 local governments1 and transit agencies to prepare grant applications1 thus ensuring an efficient use of funds and timely job creation4 #ajejc4 ,supplemental appropriations for ,,build discretionary grant program ,the following sums are appropriated1 out of any money in the ,treasury not otherwise appropriated1 for fiscal year #bjai3 ,department of ,transportation ,office of the ,secretary ,national ,infrastructure ,investments ,for an additional amount for ,national ,infrastructure ,investments in accordance with the provisions under this heading in title ,i of division ,k of ,public ,law #aae-ca1 #g1ejj1jjj1jjj1 to remain available through ,september #cj1 #bjbd3 ,provided1 ,that the amount under this heading is designated by the ,congress as an emergency requirement pursuant to section #bea7;b77#b77;,a7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe1 except that such amount shall be available only if the ,president subsequently so designates such amount and transmits such designation to the ,congress4 #ajejd4 ,exemption from sequestration ,the appropriation in section #ajejc shall be exempt from sequestration under the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,f ,stephanie ,tubbs ,jones ,assets for ,independence ,reauthorization ,act #ajfja4 ,short title2 reference 7a7 ,short title ,this subtitle may be cited as the ,stephanie ,tubbs ,jones ,assets for ,independence ,reauthorization ,act of #bjbj4 7b7 ,reference ,except as otherwise expressly provided1 wherever in this subtitle an amendment is expressed in terms of an amendment to a section or other provision1 the reference shall be considered to be made to that section or other provision of the ,assets for ,independence ,act 7#db ,u4,s4,c4 #fjd note74 #ajfjb4 ,findings ,section #djb is amended-- 7#a7 in paragraph 7#b71 by striking ,fully and inserting ,almost #a_/d2 and 7#b7 in paragraph 7#d71 by striking the first sentence and inserting the following3 ,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-sufficiency44 #ajfjc4 ,sense of ,congress ,it is the sense of ,congress that a qualified entity conducting a demonstration project under the ,assets for ,independence ,act 7#db ,u4,s4,c4 #fjd note7 should1 to the maximum extent practicable1 increase-- 7#a7 the rate at which the entity matches contributions by individuals participating in the project under section #daj7;a77#a7 of such ,act2 or 7#b7 the number of individuals participating in the project4 #ajfjd4 ,definitions ,section #djd is amended-- 7#a7 by amending paragraph 7#d7 to read as follows3 7#d7 ,household ,the term household means an individual or group of individuals who live in a single residence4 ,multiple households may share a single residence4 2 7#b7 in paragraph 7#e77;,a7-- 7,a7 by striking clause 7iii72 7,b7 by redesignating clauses 7iv7 through 7vi7 as clauses 7iii7 through 7v71 respectively2 and 7,c7 in clause 7iv71 as redesignated by subparagraph 7,b71 by striking clause 7vi7 and inserting clause 7v72 7#c7 in paragraph 7#g77;,a7-- 7,a7 by amending clause 7ii7 to read as follows3 7ii7 a ,state or local government agency 7or a public housing agency1 as defined in section #c7;b77#f7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;a7b77#f777 or a tribal government 7or a tribally designated housing entity1 as defined in section #d7bb7 of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dajc7bb7772 2 and 7,b7 by striking clause 7iii7 and inserting the following3 7iii7 a credit union designated as a low-income credit union by the ,national ,credit ,union ,administration 7,,ncua72 or 7iv7 an organization designated as a community development financial institution by the ,secretary of the ,treasury 7or the ,community ,development ,financial ,institutions ,fund74 2 and 7#d7 in paragraph 7#h7-- 7,a7 in subparagraph 7,a7-- 7i7 in the first sentence-- 7,i7 by inserting of an eligible individual or the dependent of an eligible individual 7as such term is used in subparagraph 7,e77ii77 after expenses2 and 7,,ii7 by inserting 1 or to a vendor pursuant to an education purchase plan approved by a qualified entity before the period2 7ii7 in clause 7i7-- 7,i7 in subclause 7,,ii71 by inserting or for courses described in subclause 7,,iii7 after eligible educational institution2 and 7,,ii7 by adding at the end the following new subclauses3 7,,iii7 ,preparatory courses ,preparatory courses for an examination required for admission to an eligible educational institution1 for successful performance at an eligible educational institution1 or for a professional licensing or certification examination4 7,,iv7 ,room and board and transportation ,room and board and transportation1 including commuting expenses1 necessary to enable attendance at courses of instruction at an eligible educational institution or attendance at courses described in subclause 7,,iii74 2 7iii7 by amending clause 7ii7 to read as follows3 7ii7 ,eligible educational institution ,the term eligible educational institution means-- 7,i7 an institution described in section #aja or #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja1 #ajjb72 or 7,,ii7 an area career and technical education school1 as defined in section #c7c7 of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcjb7c774 2 and 7iv7 by adding at the end the following new clause3 7iii7 ,education purchase plan ,the term education purchase plan means a plan-- 7,i7 for the purchase of items or services described in subclauses 7,,ii7 through 7,,iv7 of clause 7i7 from entities other than eligible educational institutions2 7,,ii7 that includes a description of the items or services to be purchased2 and 7,,iii7 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 7i77,,iii74 2 7,b7 in subparagraph 7,b7-- 7i7 by amending clause 7i7 to read as follows3 7i7 ,principal residence ,the term principal residence means a main residence the qualified acquisition costs of which do not exceed #abj percent of the median house price in the area1 as determined by the ,secretary of ,housing and ,urban ,development for purposes of section #bjc7;b7 of the ,national ,housing ,act 7#ab ,u4,s4,c4 #agji7;b77 for a residence occupied by a number of families that corresponds to the number of households occupying the residence involved4 2 and 7ii7 in clause 7iii7-- 7,i7 by amending subclause 7,i7 to read as follows3 7,i7 ,in general ,subject to subclause 7,,ii71 the term qualified first-time homebuyer means an individual participating in the project involved who-- 7aa7 has no sole present ownership interest in a principal residence during the #c-year period ending on the date of acquisition of the principal residence to which this subparagraph applies 7except for an interest in such principal residence72 and 7bb7 has no co-ownership interest in a principal residence on the date of acquisition of the principal residence to which this subparagraph applies 7except for an interest in such principal residence74 2 7,,ii7 by redesignating subclause 7,,ii7 as subclause 7,,iii72 and 7,,iii7 by inserting after subclause 7,i7 the following new subclause3 7,,ii7 ,exception for victims of domestic violence ,an individual participating in the project involved who is a recent or current victim of domestic violence 7as defined in section #djjjb7;a77#h7 of the ,violence ,against ,women ,act of #aiid 7#db ,u4,s4,c4 #acibe7;a77#h777 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 victim4 2 7,c7 by redesignating subparagraphs 7,c7 and 7,d7 as subparagraphs 7,d7 and 7,e71 respectively2 7,d7 by inserting after subparagraph 7,b7 the following new subparagraph3 7,c7 ,home replacement1 repair1 or improvement ,qualified replacement costs or qualified repair or improvement costs with respect to a principal residence1 if paid from an individual development account directly to the persons to whom the amounts are due4 ,in this subparagraph3 7i7 ,principal residence ,the term principal residence means-- 7,i7 with respect to payment of qualified replacement costs1 a main residence the qualified replacement costs of which do not exceed #abj percent of the median house price in the area1 as determined by the ,secretary of ,housing and ,urban ,development for purposes of section #bjc7;b7 of the ,national ,housing ,act 7#ab ,u4,s4,c4 #agji7;b77 for a residence occupied by a number of families that corresponds to the number of households occupying the residence involved2 or 7,,ii7 with respect to qualified repair or improvement costs1 a main residence the value of which does not exceed1 on the day before the commencement of the repairs or improvements1 #abj percent of such median house price4 7ii7 ,qualified replacement costs ,the term qualified replacement costs means the costs 7including any usual or reasonable settlement1 financing1 or other closing costs7 of replacing-- 7,i7 a manufactured home that was manufactured1 assembled1 or imported for resale before the initial effectiveness of any ,federal manufactured home construction and safety standards established pursuant to section #fjd of the ,national ,manufactured ,housing ,construction and ,safety ,standards ,act of #aigd 7#db ,u4,s4,c4 #edjc72 or 7,,ii7 a residence that fails to meet local building codes or is not legally habitable4 7iii7 ,qualified repair or improvement costs ,the term qualified repair or improvement costs means the costs of making repairs or improvements 7including any usual or reasonable financing costs7 that will enhance the habitability or long-term value of a residence4 2 and 7,e7 by adding at the end the following new subparagraph3 7,f7 ,qualified tuition programs ,contributions paid from an individual development account of an eligible individual directly to a qualified tuition program 7as defined in subsection 7b7 of section #ebi of the ,internal ,revenue ,code of #aihf71 for the purpose of covering qualified higher education expenses 7as defined in subsection 7e77#c7 of such section7 of a dependent of such individual 7as such term is used in clause 7ii7 of subparagraph 7,e774 4 #ajfje4 ,applications ,section #dje is amended-- 7#a7 in subsection 7c77#d71 by adding at the end the following3 ,such funds include funds received under the ,community ,services ,block ,grant ,act 7#db ,u4,s4,c4 #iija et seq471 the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b et seq471 the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #daja et seq471 or title ,i of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecja et seq47 7including ,community ,development ,block ,grant ,act funds and ,indian ,community ,development ,block ,grant ,act funds71 that are formally committed to the project42 and 7#b7 by adding at the end the following new subsection3 7h7 ,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 #bjbj1 the preceding provisions of this section shall only apply as follows3 7#a7 ,announcement of procedures ,not later than #ahj days after the date of the enactment of the ,stephanie ,tubbs ,jones ,assets for ,independence ,reauthorization ,act of #bjbj1 the ,secretary shall publicly announce the procedures by which a qualified entity may submit an application-- 7,a7 to conduct a demonstration project under this title2 or 7,b7 for renewal of authority to conduct a demonstration project under this title4 7#b7 ,approval ,the ,secretary shall1 on a competitive basis1 approve applications submitted pursuant to the procedures announced under paragraph 7#a71 taking into account the assessments required by subsection 7c7 and giving special consideration to the applications described in paragraph 7#c74 7#c7 ,special consideration ,the applications described in this paragraph are the following3 7,a7 ,applications submitted by qualified entities proposing to conduct demonstration projects under this title that will target the following populations3 7i7 ,individuals who are or have been in foster care4 7ii7 ,victims of domestic violence 7as defined in section #djjjb7;a77#h7 of the ,violence ,against ,women ,act of #aiid 7#db ,u4,s4,c4 #acibe7;a77#h7774 7iii7 ,victims of-- 7,i7 a major disaster declared to exist by the ,president under section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj7 or an emergency declared to exist by the ,president under section #eja of such ,act 7#db ,u4,s4,c4 #eaia72 or 7,,ii7 a situation similar to a major disaster or emergency described in subclause 7,i7 declared to exist by the ,governor of a ,state4 7iv7 ,formerly incarcerated individuals4 7v7 ,individuals who are unemployed or underemployed4 7,b7 ,applications described in subsection 7d74 7#d7 ,contracts with nonprofit entities ,subsection 7f7 shall continue to apply4 7#e7 ,grandfathering of existing statewide programs ,subsection 7g7 shall continue to apply1 except that any reference in such subsection to the date of enactment of this ,act or to #a1jjj1jjj shall be deemed to be a reference to the date of the enactment of the ,stephanie ,tubbs ,jones ,assets for ,independence ,reauthorization ,act of #bjbj or to #bej1jjj1 respectively4 4 #ajfjf4 ,demonstration authority2 annual grants ,section #djf7;a7 is amended by inserting 7or1 in the case of an application approved under section #dje7;h77#b71 not later than #cj days after the date of the approval of such application7 after the date of enactment of this title4 #ajfjg4 ,reserve ,fund ,section #djg7;c7 is amended-- 7#a7 in paragraph 7#a77;,d71 by inserting or organizations after organization2 and 7#b7 by amending paragraph 7#c7 to read as follows3 7#c7 ,limitation on uses 7,a7 ,in general ,of the amount provided to a qualified entity under section #djf7;b7-- 7i7 not more than #e4e percent shall be used for the purpose described in subparagraph 7,a7 of paragraph 7#a72 7ii7 not less than #hj percent shall be used for the purpose described in subparagraph 7,b7 of such paragraph2 and 7iii7 not more than #ad4e percent shall be used for the purposes described in subparagraphs 7,c7 and 7,d7 of such paragraph4 7,b7 ,joint administration of project ,if two or more qualified entities are jointly administering a demonstration project1 no one such entity shall use more than its proportional share of the percentage indicated in subparagraph 7,a7 of this paragraph for the purposes described in subparagraphs 7,a7 through 7,d7 of paragraph 7#a74 4 #ajfjh4 ,eligibility for participation ,section #djh is amended-- 7#a7 in subsection 7a7-- 7,a7 by amending paragraph 7#a7 to read as follows3 7#a7 ,income tests ,the household meets either of the following income tests3 7,a7 ,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-- 7i7 #bjj percent of the ,federal poverty line1 as defined in section #fgc7b7 of the ,community ,services ,block ,grant ,act 7#db ,u4,s4,c4 #iijb7b771 including any revision required by such section1 for a family composed of the number of persons in the household at the end of such taxable year2 or 7ii7 #hj percent of the median income for the area for such taxable year1 as determined by the ,secretary of ,housing and ,urban ,development for purposes of section #c7;b77#b7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;a7b77#b771 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 year4 7,b7 ,modified adjusted gross income test 7i7 ,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 7ii7 for the individual whose eligibility is being determined under this section4 7ii7 ,amount described ,the amount described in this clause for an individual is as follows3 7,i7 ,married filing jointly #dj1jjj for an individual described in subsection 7a77#a7 of section #a of the ,internal ,revenue ,code of #aihf4 7,,ii7 ,surviving spouse #dj1jjj for an individual described in subsection 7a77#b7 of such section4 7,,iii7 ,head of household #cj1jjj for an individual described in subsection 7b7 of such section4 7,,iv7 ,single or married filing separately #bj1jjj for an individual described in subsection 7c7 or 7d7 of such section4 7iii7 ,adjustment for inflation 7,i7 ,in general ,in the case of a calendar year described in clause 7i7 that is after #bjbj1 the dollar amounts in clause 7ii7 shall be the dollar amounts determined under this clause 7or clause 7ii77 for the previous year increased by the annual percentage increase 7if any7 in the consumer price index 7all items2 ,u4,s4 city average7 as of ,september of the calendar year described in clause 7i74 7,,ii7 ,rounding ,any dollar amount determined under subclause 7,i7 that is not a multiple of #ajj shall be rounded to the next greatest multiple of #ajj4 2 and 7,b7 in paragraph 7#b71 by adding at the end the following new subparagraph3 7,d7 ,adjustment for inflation 7i7 ,in general ,in the case of a calendar year described in subparagraph 7,a7 that is after #bjbj1 the dollar amount in such subparagraph shall be the dollar amount determined under this clause 7or such subparagraph7 for the previous year increased by the annual percentage increase 7if any7 in the consumer price index 7all items2 ,u4,s4 city average7 as of ,september of the calendar year described in such subparagraph4 7ii7 ,rounding ,any dollar amount determined under clause 7i7 that is not a multiple of #ajj shall be rounded to the next greatest multiple of #ajj4 2 7#b7 by redesignating subsection 7b7 as subsection 7c72 7#c7 by inserting after subsection 7a7 the following new subsection3 7b7 ,calculating income of household 7#a7 ,adjusted gross income ,for purposes of subsection 7a77#a77;,a71 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 year4 7#b7 ,modified adjusted gross income ,for purposes of subsection 7a77#a77;,b71 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 year4 2 and 7#d7 in subsection 7c71 as redesignated by paragraph 7#b7-- 7,a7 by striking 1 including and all that follows and inserting a period2 7,b7 by striking ,the ,secretary and inserting the following3 7#a7 ,in general ,the ,secretary 2 and 7,c7 by adding at the end the following new paragraphs3 7#b7 ,individuals who move because of major disasters or emergencies or to find employment 7,a7 ,in general ,the regulations promulgated under paragraph 7#a7 shall establish procedures under which an individual described in subparagraph 7,b7 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 project4 ,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 #daj with respect to the individual4 7,b7 ,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-- 7i7 because of-- 7,i7 a major disaster declared to exist in such community by the ,president under section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj7 or an emergency declared to exist in such community by the ,president under section #eja of such ,act 7#db ,u4,s4,c4 #eaia72 7,,ii7 a situation similar to a major disaster or emergency described in subclause 7,i7 declared to exist in such community by the ,governor of a ,state2 or 7,,iii7 a qualifying life event experienced by such individual2 or 7ii7 in order to secure employment4 7,c7 ,qualifying life event defined ,for purposes of subparagraph 7,b77i77,,iii71 the term qualifying life event-- 7i7 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 #abe of the ,internal ,revenue ,code of #aihf2 and 7ii7 includes-- 7,i7 a change in the legal marital status of the individual2 7,,ii7 a change in the number of dependents of the individual 7as such term is used in section #djd7h77;,e77ii772 7,,iii7 the birth or death of a child of the individual2 7,,iv7 the adoption or placement for adoption of a child by the individual2 7,v7 a change in the provider of daycare for a child of the individual1 or a significant increase in the cost of such daycare2 and 7,,vi7 a change in employment status of the individual1 the individual's spouse1 or a dependent of the individual 7as such term is used in section #djd7h77;,e77ii774 7#c7 ,relocation to community where no project is available 7,a7 ,in general ,an individual described in subparagraph 7,b7 shall be permitted to withdraw funds from the individual development account of the individual during the #a-year period following the date such individual moves to another community in the same manner that an individual is permitted under section #daj7;d77#b7 to withdraw funds during the #a-year period following the end of a demonstration project4 7,b7 ,individual described ,an individual described in this subparagraph is an individual who-- 7i7 moves to a community where no demonstration project under this title is being conducted2 or 7ii7 after moving to another community and making such efforts as the ,secretary may require to transfer to another demonstration project under this title1 is1 for any reason other than a violation of the requirements of this title or regulations promulgated by the ,secretary under this title1 not accepted into another demonstration project under this title4 7,c7 ,funds remaining in ,,ida ,any funds remaining in an individual development account after the end of the #a-year period described in subparagraph 7,a7 shall be treated in the same manner as funds remaining in an individual development account after the end of the #a-year period described in subsection 7d77#b77;,a7 of section #daj are treated under subsection 7f7 of such section4 7#d7 ,relocation by other individuals ,the regulations promulgated under paragraph 7#a7 shall prohibit any individual who is unable to continue participating in a demonstration project under this title for any reason1 except for an individual described in paragraph 7#b77;,b7 or 7#c77;,b71 from being eligible to participate in any other demonstration project conducted under this title4 4 #ajfji4 ,deposits by qualified entities ,section #daj is amended-- 7#a7 in subsection 7a77#b71 by inserting #b times after an amount equal to2 7#b7 in subsection 7b71 by striking #b1jjj and inserting #e1jjj2 7#c7 in subsection 7c71 by striking #d1jjj and inserting #aj1jjj2 7#d7 in subsection 7d7-- 7,a7 by striking ,the ,secretary shall and inserting the following3 7#a7 ,in general ,the ,secretary shall 2 7,b7 in paragraph 7#a71 as amended by subparagraph 7,a71 by adding at the end the following3 ,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 7including successful completion after transferring from one project to another project as described in section #djh7;c77#b77 or an asset-building project similar to the demonstration projects conducted under this title42 and 7,c7 by adding at the end the following new paragraph3 7#b7 ,access for #a year after end of project 7,a7 ,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 #a-year period following the end of the demonstration project with respect to which deposits were made into such account 7whether such project ends by reason of expiration of the authority under section #djf7;a7 of the qualified entity to conduct the demonstration project1 termination of such authority under section #dac without transfer to another qualified entity1 or otherwise74 7,b7 ,approval of withdrawals ,during the period described in subparagraph 7,a71 an eligible individual may only make a withdrawal if the withdrawal is approved in writing-- 7i7 by a responsible official of the qualified entity2 or 7ii7 by the ,secretary1 if the ,secretary terminated the authority of the qualified entity to conduct the demonstration project under section #dac or the ,secretary determines that the qualified entity is otherwise unable or unwilling to participate in the approval process4 2 and 7#e7 by adding at the end the following new subsection3 7f7 ,unused funds in ,,ida ,if funds remain in an individual development account after the end of the #a-year period described in subsection 7d77#b77;,a71 such funds shall be disposed of as considered appropriate by the ,secretary or a nonprofit entity 7as such term is used in section #djd7g77;,a77i77 designated by the ,secretary4 4 #ajfaj4 ,regulations ,section #daa is amended-- 7#a7 in the heading1 by inserting 2 regulations after projects2 7#b7 by striking ,a qualified entity and inserting the following3 7a7 ,local control over demonstration projects ,a qualified entity 2 and 7#c7 by adding at the end the following new subsection3 7b7 ,regulations ,subject to subsection 7a71 not later than #ahj days after the date of the enactment of the ,stephanie ,tubbs ,jones ,assets for ,independence ,reauthorization ,act of #bjbj1 the ,secretary shall promulgate such regulations as the ,secretary considers necessary to implement this title4 ,the ,secretary may provide that any such regulation takes effect on the date of promulgation1 but the ,secretary shall accept and consider public comments for #fj days after such date4 4 #ajfaa4 ,annual progress reports 7a7 ,in general ,section #dab7;b7 is amended by striking subsection 7a7 to and all that follows and inserting subsection 7a7 to the ,secretary44 7b7 ,effective date ,the amendment made by subsection 7a7 shall apply to reports submitted on or after the date of the enactment of this ,act4 #ajfab4 ,sanctions 7a7 ,in general ,section #dac is amended-- 7#a7 by amending subsection 7b77#e7 to read as follows3 7#e7 if1 by the end of the #ij-;day period beginning on the date of the termination1 the ,secretary has not found a qualified entity 7or entities7 described in paragraph 7#c71 shall-- 7,a7 make every effort to identify1 without conducting a competition 7unless the ,secretary determines that conducting a competition would be feasible and appropriate71 another qualified entity 7or entities71 in the same or a different community1 willing and able to conduct one or more demonstration projects under this title that may differ from the project being terminated2 7,b7 in identifying a qualified entity 7or entities7 under subparagraph 7,a71 give priority to qualified entities that-- 7i7 are participating in demonstration projects conducted under this title2 7ii7 have waiting lists for participants in such demonstration projects2 and 7iii7 can demonstrate the availability of non-,federal funds described in section #dje7;c77#d71 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 7,a71 to be committed to the demonstration project 7or projects7 described in subparagraph 7,a7 as matching contributions2 and 7,c7 if the ,secretary identifies a qualified entity 7or entities7 under subparagraph 7,a7-- 7i7 transfer to the entity 7or entities7 control over the ,reserve ,fund established pursuant to section #djg with respect to the project being terminated2 and 7ii7 authorize the entity 7or entities7 to use such ,reserve ,fund to conduct a demonstration project 7or projects7 in accordance with an application approved under subsection 7e7 or 7h77#b7 of section #dje and the requirements of this title4 2 and 7#b7 by adding at the end the following new subsection3 7c7 ,focus on community of terminated project ,in identifying another qualified entity 7or entities7 under paragraph 7#c7 or 7#e7 of subsection 7b71 the ,secretary shall1 to the extent practicable1 select a qualified entity 7or entities7 in the community served by the demonstration project being terminated4 4 7b7 ,effective date 7#a7 ,in general ,the amendment made by subsection 7a7 shall apply to terminations occurring on or after the date of the enactment of this ,act4 7#b7 ,discretionary application to previous terminations ,the ,secretary of ,health and ,human ,services may apply such amendment to terminations occurring within the #a-year period ending on the day before the date of the enactment of this ,act4 ,in the case of such an application1 any reference in such amendment to the date of the termination is deemed a reference to such date of enactment4 #ajfac4 ,evaluations ,section #dad is amended-- 7#a7 by amending subsection 7a7 to read as follows3 7a7 ,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 title1 individually and as a group1 including all qualified entities participating in and sources providing funds for the demonstration projects conducted under this title4 ,such contract or contracts may also provide for the evaluation of other asset-building programs and policies targeted to low-income individuals4 2 7#b7 in subsection 7b7-- 7,a7 by striking paragraph 7#c72 7,b7 in paragraph 7#d71 by striking 1 and how such effects vary among different populations or communities2 7,c7 by striking paragraphs 7#e7 and 7#f72 and 7,d7 by redesignating paragraphs 7#d7 and 7#g7 as paragraphs 7#c7 and 7#d71 respectively2 and 7#c7 in subsections 7b7 and 7c71 by inserting 7or organizations7 after research organization each place it appears4 #ajfad4 ,costs of training qualified entities ,the ,assets for ,independence ,act 7#db ,u4,s4,c4 #fjd note7 is amended-- 7#a7 by redesignating section #daf as section #dag2 and 7#b7 by inserting after section #dae the following new section3 #daf4 ,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 7e7 or 7h77#b7 of section #dje or the requirements of this title1 or to otherwise successfully conduct the project1 the ,secretary may use funds appropriated under section #dah to cover the necessary costs of such training1 including the costs of travel1 accommodations1 and meals4 4 #ajfae4 ,waiver authority ,the ,assets for ,independence ,act 7#db ,u4,s4,c4 #fjd note71 as amended by section #ad of this ,act1 is amended-- 7#a7 by redesignating section #dag1 as so redesignated by section #ad7a7 of this ,act1 as section #dah2 and 7#b7 by inserting after section #daf the following new section3 #dag4 ,waiver authority ,in order to carry out the purposes of this title1 the ,secretary may waive any requirement of this title-- 7#a7 relating to-- 7,a7 the definition of a qualified entity2 7,b7 the approval of a qualified entity to conduct a demonstration project under this title or to receive a grant under this title2 7,c7 eligibility criteria for individuals to participate in a demonstration project under this title2 7,d7 amounts or limitations with respect to-- 7i7 the matching by a qualified entity of amounts deposited by an eligible individual in the individual development account of the individual2 7ii7 the amount of funds that may be granted to a qualified entity by the ,secretary2 or 7iii7 uses by a qualified entity of the funds granted to the qualified entity by the ,secretary2 or 7,e7 the withdrawal of funds from an individual development account only for qualified expenses or as an emergency withdrawal2 or 7#b7 the waiver of which is necessary to-- 7,a7 permit the ,secretary to enter into an agreement with the ,commissioner of ,social ,security2 7,b7 allow individuals to be placed on a waiting list to participate in a demonstration project under this title2 or 7,c7 allow demonstration projects under this title to be targeted to populations described in section #dje7;h77#c77;,a7 and to successfully recruit individuals from such populations for participation4 4 #ajfaf4 ,authorization of appropriations ,section #dah1 as redesignated by section #ajfae7a7 of this subtitle1 is amended by inserting after #bjjc the following3 and #ge1jjj1jjj for each of fiscal years #bjba1 #bjbb1 #bjbc1 #bjbd1 and #bjbe4 #ajfag4 ,conforming amendments 7a7 ,in general ,section #dad7;e7 is amended by striking section #daf and inserting section #dah4 7b7 ,table of contents ,the table of contents in section #b of the ,community ,opportunities1 ,accountability1 and ,training and ,educational ,services ,act of #aiih 7,public ,law #aje-bhe7 is amended as follows3 7#a7 ,by striking the item relating to section #daa and inserting the following new item3 ,sec4 #daa4 ,local control over demonstration projects2 regulations4 4 7#b7 ,by striking the items relating to sections #dae and #daf and inserting the following new items3 ,sec4 #dae4 ,no reduction in benefits4 ,sec4 #daf4 ,costs of training qualified entities4 ,sec4 #dag4 ,waiver authority4 ,sec4 #dah4 ,authorization of appropriations4 4 #ajfah4 ,general effective date ,the amendments made by sections #ajfjd through #ajfji of this subtitle shall apply to project years beginning on or after the date of the enactment of this ,act4 ,g ,look-back ,elimination #ajgja4 ,short title ,this subtitle may be cited as the ,look-back ,elimination ,act of #bjbj4 #ajgjb4 ,findings ,the ,congress finds as follows3 7#a7 ,as part of ,president ,franklin ,delano ,roosevelt's ,new ,deal1 the ,social ,security ,act of #aice included the creation of the ,aid to ,dependent ,children program as a way to provide ,federal support to poor children4 ,over time1 this program became the ,aid to ,families with ,dependent ,children 7,,afdc7 program and provided assistance to struggling families for over #fj years4 7#b7 ,part ,e of title ,,iv of the ,social ,security ,act provides primary ,federal funding for child welfare services4 ,under that part1 the ,federal ,government pays a portion of the cost of providing ,federal foster care and adoption assistance benefits for eligible children4 7#c7 ,in #aiif1 when ,congress replaced the ,,afdc program with the ,temporary ,assistance for ,needy ,families 7,,tanf7 program1 ,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 programs4 ,this income eligibility requirement is now commonly referred to as the ,,afdc look-back standard4 7#d7 ,at that time1 many ,states had established very strict household income requirements in order for children to be eligible for ,,afdc benefits4 ,as a result of this very strict requirement1 many children in the ,federal foster care and adoption assistance programs are ineligible to receive a wide range of ,federal benefits1 services1 and activities4 ,for example1 this outdated1 restrictive standard prevents the ,state of ,georgia from providing assistance to more than half of the children in the child welfare system4 7#e7 ,forced to adhere to a stagnant standard1 ,states increasingly struggle to administer ,federal foster care and adoption assistance programs and provide services to those children most in need4 ,as inflation increases1 fewer children are eligible to receive ,federal benefits1 and ,states struggle to provide services from other1 limited local and ,state resources4 7#f7 ,although the ,,afdc look-back standard still applies to the ,federal foster care program1 the ,fostering ,connections to ,success and ,increasing ,adoptions ,act of #bjjh completely eliminated the ,,afdc look-back standard in the ,federal adoption assistance program in #bjah4 #ajgjc4 ,elimination of the ,,afdc eligibility requirement in the foster care maintenance payments program 7a7 ,in general ,section #dgb7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fgb7;a77 is amended-- 7#a7 in paragraph 7#a71 by striking specified and all that follows and inserting or caretaker into foster care if the removal and foster care placement met1 and continues to meet1 the requirements of paragraph 7#b742 and 7#b7 by striking paragraphs 7#c7 and 7#d74 7b7 ,conforming amendment ,section #dgj of such ,act 7#db ,u4,s4,c4 #fgj7 is amended by striking who otherwise would have been eligible for assistance under the ,state's plan approved under part ,a 7as such plan was in effect on ,june #a1 #aiie74 #ajgjd4 ,sense of the ,congress ,it is the sense of the ,congress that-- 7#a7 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 modern1 balanced criteria that treat all children equally2 and 7#b7 the ,secretary of ,health and ,human ,services should collaborate with ,members of ,congress and child welfare advocates in developing any modified standards4 ,h ,building ,up ,infrastructure and ,limiting ,disasters through ,resilience #ajhja4 ,short title ,this subtitle may be cited as the ,building ,up ,infrastructure and ,limiting ,disasters through ,resilience ,act of #bjbj or the ,,build ,resilience ,act of #bjbj4 #ajhjb4 ,definitions ,for purposes of this subtitle1 the following definitions shall apply3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,state2 7,b7 a unit of general local government2 7,c7 an ,indian tribe2 or 7,d7 a regional entity comprised of entities described in subparagraph 7,a71 7,b71 or 7,c74 7#b7 ,national center ,the term ,national ,center means the ,national ,research ,center for ,resilience established under section #ajhjd4 7#c7 ,resilience ,the term resilience means the ability to prepare and plan for1 absorb1 recover from1 and more successfully adapt to disasters1 chronic stresses1 and acute shocks1 including any hurricane1 tornado1 storm1 high water1 recurrent flooding1 wind-driven water1 tidal wave1 tsunami1 earthquake1 volcanic eruption1 fire1 landslide1 mudslide1 snowstorm1 or drought4 7#d7 ,resilience grant ,the term resilience grant means a grant awarded under section #ajhjc4 7#e7 ,secretary ,the term ,secretary means the ,secretary of ,housing and ,urban ,development4 7#f7 ,state2 unit of general local government2 ,indian tribe ,the terms ,state1 unit of general local government1 and ,indian tribe have the meanings given such terms in section #ajb of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecjb74 #ajhjc4 ,community ,resilience ,grant ,program 7a7 ,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 shocks1 including improving long-term resilience of infrastructure and housing4 7b7 ,grantees ,grant amounts shall be awarded on a competitive basis1 as provided under section #ajb of the ,department of ,housing and ,urban ,development ,reform ,act of #aihi 7#db ,u4,s4,c4 #cede71 only to eligible entities1 within whose boundaries or jurisdictions are located any area for which a major disaster was declared pursuant to section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj71 during the #e-year period ending upon the date on which the eligible entity submits an application for such a grant4 7c7 ,eligible activities 7#a7 ,in general ,amounts from a resilience grant may be used only for activities authorized under either section #aje or #ajh of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecje1 #ecjh71 but not including activities under paragraphs 7#i7 and 7#aj7 of such section #aje7;a74 7#b7 ,consultation ,the ,secretary shall consult with the ,administrator of the ,federal ,emergency ,management ,agency1 the ,chief of ,engineers and ,commanding ,general of the ,united ,states ,army ,corps of ,engineers1 the ,administrator of the ,environmental ,protection ,agency1 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 grant4 7d7 ,matching requirement 7#a7 ,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 #ej percent of the amount of the resilience grant4 7#b7 ,form of non-,federal share ,supplemental funds provided under paragraph 7#a7 may include any non-monetary1 in-kind contributions in connection with activities carried out under the plan approved under subsection 7e7 for the grant recipient4 7e7 ,application2 selection2 selection criteria2 plans 7#a7 ,applications 7,a7 ,requirement ,the ,secretary shall provide for eligible entities to submit applications for resilience grants4 7,b7 ,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 funds1 including how the use of such funds will address long-term resilience of infrastructure and housing4 7#b7 ,review and selection2 criteria for selection 7,a7 ,competition ,resilience grants shall be awarded on a competitive basis and the ,secretary shall establish and utilize a transparent1 reliable1 and valid system for reviewing and evaluating applications for resilience grants1 in accordance with section #ajb of the ,department of ,housing and ,urban ,development ,reform ,act of #aihi 7#db ,u4,s4,c4 #cede74 7,b7 ,criteria ,the ,secretary shall establish1 by notice1 and utilize criteria for selecting applications to be funded under this section1 which shall-- 7i7 be based primarily on a determination of greatest need1 as such term is defined by the ,secretary2 7ii7 provide due consideration to other enumerated factors1 including the ability of the plan for use of grant funds required under paragraph 7#a77;,b7 to increase an applicant's resilience1 and the capacity of the applicant to successfully implement the activities described in such plan2 7iii7 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 agency1 including a hazard mitigation plan developed under section #cbb of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eafe71 shall be sufficient for purposes of paragraph 7#a77;,b7 if1 together with such plan1 the applicant includes a detailed description regarding use of all grant funds provided under this section2 7iv7 give consideration to the need for resilience grants to be awarded to eligible entities in each region of the ,united ,states2 and 7v7 give consideration to applicants whose plans submitted under paragraph 7#a77;,b7 propose innovative approaches to increasing community resilience to extreme weather1 including increasing long-term resilience of infrastructure and housing and economic resilience4 7f7 ,administration2 treatment as ,,cdbg funds ,except as otherwise provided by this ,act1 amounts appropriated1 revenues generated1 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 #aigd 7#db ,u4,s4,c4 #ecja et seq474 7g7 ,environmental reviews 7#a7 ,assumption of responsibilities 7,a7 ,in general ,in order to ensure that the policies of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 and other provisions of law which further the purposes of such ,act 7as specified in regulations issued by the ,secretary7 are most effectively implemented in connection with the expenditure of funds under this section1 and to assure to the public undiminished protection of the environment1 the ,secretary1 in lieu of the environmental protection procedures otherwise applicable1 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 review1 decisionmaking1 and action pursuant to such ,act1 and such other provisions of law as the regulations of the ,secretary specify1 that would apply to the ,secretary were the ,secretary to undertake such projects as ,federal projects4 7,b7 ,consultation ,the ,secretary shall issue regulations to carry out this paragraph only after consultation with the ,council on ,environmental ,quality4 7#b7 ,submission of certification 7,a7 ,in general ,the ,secretary shall approve the release of funds for projects subject to the procedures authorized by this subsection only if1 at least #ae days prior to such approval and prior to any commitment of funds to such projects other than for purposes authorized by section #aje7;a77#ab7 of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecje7;a77#ab771 or for environmental studies1 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 7#c74 7,b7 ,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 #aifi 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 certification4 7#c7 ,requirements of certification ,a certification under the procedures authorized by this subsection shall-- 7,a7 be in a form acceptable to the ,secretary2 7,b7 be executed by the chief executive officer or other officer of the recipient of a resilience grant who is qualified under regulations of the ,secretary2 7,c7 specify that the recipient of the resilience grant has fully carried out its responsibilities as described under paragraph 7#a7 of this subsection2 and 7,d7 specify that the certifying officer-- 7i7 consents to assume the status of a responsible ,federal official under the ,national ,environmental ,policy ,act of #aifi 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 7#a7 of this subsection2 and 7ii7 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 official4 7#d7 ,grants to ,states ,in the case of a resilience grant made to a ,state-- 7,a7 the ,state shall perform those actions of the ,secretary described in paragraph 7#b72 and 7,b7 the performance of such actions shall be deemed to satisfy the ,secretary's responsibilities referred to in subparagraph 7,b7 of such paragraph4 7#e7 ,implementation ,the ,secretary shall implement this subsection in a manner consistent with the implementation of section #ajd7;g7 of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecjd7;g774 #ajhjd4 ,national ,research ,center for ,resilience 7a7 ,establishment ,the ,secretary1 acting through the ,office of ,policy ,development and ,research1 shall-- 7#a7 select1 on a competitive basis1 a single nonprofit organization having a national reputation for expertise in resilience research and capacity building to develop a ,national ,research ,center for ,resilience2 and 7#b7 subject only to the availability of amounts provided in appropriation ,acts1 make annual grants of amounts made available pursuant to section #ajhjg7;b77#a7 for the establishment and operation of the ,national ,center4 7b7 ,activities ,the ,national ,center shall-- 7#a7 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 grants2 7#b7 coordinate with any other relevant centers and entities throughout the ,federal ,government on efforts relating to improving community resilience3 7#c7 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 grants2 7#d7 increase the public's knowledge and understanding of effective practices to improve regional and community resilience throughout the ,united ,states2 and 7#e7 make grants under subsection 7d7 for ,regional ,centers for ,resilience4 7c7 ,dissemination of proven practices ,the ,secretary shall collect information from the ,national ,center regarding its activities and research and shall develop1 manage1 and regularly update an online site to disseminate proven practices for improving community resilience4 7d7 ,grants for ,regional ,centers for ,resilience 7#a7 ,grant program ,the ,national ,center shall carry out a program to make grants to institutions of higher education1 or other non-profit organizations1 having a national reputation to establish a ,regional ,center for ,resilience in each of the #aj regions of the ,department of ,housing and ,urban ,development1 as that shall serve as regional research partners with recipients of resilience grants that are located in the same geographic region as such institution1 in collaboration with the ,national ,center4 7#b7 ,support services ,a ,regional ,center for ,resilience receiving a grant under this section shall use such grant amounts to-- 7,a7 provide research support to recipients of resilience grants1 including support services for data collection1 general research1 and analysis to assess the progress of activities carried out with resilience grants2 7,b7 provide technical assistance to prospective applicants for1 and recipients of1 resilience grants2 and 7,c7 collaborate with and share information with the ,national ,center4 #ajhje4 ,annual programs report ,the ,secretary shall annually submit to the ,congress1 and make publicly available1 a report on the programs carried out under this ,act1 which shall evaluate the performance of such programs using the program performance metrics established under ,executive ,order #acegf 7#gf ,fed4 ,reg4 #cebig71 or any subsequent replacement executive order4 #ajhjf4 ,,gao reports 7a7 ,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 ,act4 7b7 ,reports ,not later than the expiration of the #b-year period beginning on the date of the enactment of this ,act1 and every two years thereafter1 the ,comptroller ,general shall submit to the ,congress a report analyzing and assessing the performance of the programs carried out under this ,act4 #ajhjg4 ,funding 7a7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this ,act #a1jjj1jjj1jjj for each of fiscal years #bjba through #bjbe4 7b7 ,allocation ,of any amounts appropriated for each such fiscal year-- 7#a7 #a4j percent shall be available for grants under section #ajhjd2 7#b7 #j4a percent shall be available to the ,office of ,community ,planning and ,development for necessary costs1 including information technology costs and salaries and expenses1 of administering and overseeing funds made available for grants under sections #ajhjc and #ajhjd2 and 7#c7 the remainder shall be available for resilience grants under section #ajhjc4 ,i ,rebuild ,america's ,schools #ajija4 ,short title ,this subtitle may be cited as the ,rebuild ,america's ,schools ,act of #bjbj4 #ajijb4 ,definitions ,in this subtitle3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means the ,committee on ,education and ,labor of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor and ,pensions of the ,senate4 7#b7 ,bureau-funded school ,the term ,bureau-funded school has the meaning given that term in section #aada of the ,education ,amendments of #aigh 7#be ,u4,s4,c4 #bjba74 7#c7 ,covered funds ,the term covered funds means funds received-- 7,a7 under part #a of this subtitle2 7,b7 from a school infrastructure bond2 or 7,c7 from a qualified zone academy bond 7as such term is defined in section #ed;,e of the ,internal ,revenue ,code of #aihf 7as restored by section #ajiba774 7#d7 ,,esea ,terms ,the terms elementary school1 outlying area1 and secondary school have the meanings given those terms in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#e7 ,local educational agency ,the term local educational agency has the meaning given that term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja7 except that such term does not include a ,bureau-funded school4 7#f7 ,public school facilities ,the term public school facilities means the facilities of a public elementary school or a public secondary school4 7#g7 ,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 #aife 7#bj ,u4,s4,c4 #fcaa et seq474 7#h7 ,school infrastructure bond ,the term school infrastructure bond has the meaning given such term in section #ed;,,bb of the ,internal ,revenue ,code of #aihf 7as added by section #ajibb74 7#i7 ,secretary ,the term ,secretary means the ,secretary of ,education4 7#aj7 ,state ,the term ,state means each of the #ej ,states1 the ,district of ,columbia1 and the ,commonwealth of ,puerto ,rico4 #a ,grants for the long-term improvement of public school facilities #ajiaa4 ,purpose and reservation 7a7 ,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 subtitle4 7b7 ,reservation for outlying areas and bureau-,funded schools 7#a7 ,in general ,for each of fiscal years #bjbj through #bjbi1 the ,secretary shall reserve1 from the amount appropriated to carry out this part-- 7,a7 one-half of #a percent1 to provide assistance to the outlying areas2 and 7,b7 one-half of #a percent1 for payments to the ,secretary of the ,interior to provide assistance to ,bureau-funded schools4 7#b7 ,use of reserved funds 7,a7 ,in general ,funds reserved under paragraph 7#a7 shall be used in accordance with sections #ajica through #ajicd4 7,b7 ,special rules for ,bureau-funded schools 7i7 ,applicability ,sections #ajica through #ajicd shall apply to a ,bureau-funded school that receives assistance under paragraph 7#a77;,b7 in the same manner that such sections apply to a qualified local educational agency that receives covered funds4 ,the facilities of a ,bureau-funded school shall be treated as public school facilities for purposes of the application of such sections4 7ii7 ,treatment of tribally operated schools ,the ,secretary of the ,interior shall provide assistance to ,bureau-funded schools under paragraph 7#a77;,b7 without regard to whether such schools are operated by the ,bureau of ,indian ,education or by an ,indian ,tribe4 ,in the case of a ,bureau-funded school that is a contract or grant school 7as that term is defined in section #aada of the ,education ,amendments of #aigh 7#be ,u4,s4,c4 #bjba77 operated by an ,indian ,tribe1 the ,secretary of the ,interior shall provide assistance under such paragraph to the ,indian ,tribe concerned4 #ajiab4 ,allocation to ,states 7a7 ,allocation to states 7#a7 ,state-by-state allocation ,of the amount appropriated to carry out this subtitle for each fiscal year and not reserved under section #ajiaa7;b71 each ,state that has a plan approved by the ,secretary under subsection 7b7 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 #aife 7#bj ,u4,s4,c4 #fcaa et seq47 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 7b74 7#b7 ,state reservation ,a ,state may reserve not more than #a percent of its allocation under paragraph 7#a7 to carry out its responsibilities under this subtitle1 which shall include-- 7,a7 providing technical assistance to local educational agencies1 including by-- 7i7 identifying which ,state agencies have programs1 resources1 and expertise relevant to the activities supported by the allocation under this section2 and 7ii7 coordinating the provision of technical assistance across such agencies2 7,b7 in accordance with the guidance issued by the ,secretary under section #ajicg1 developing an online1 publicly searchable database that contains an inventory of the infrastructure of all public school facilities in the ,state 7including the facilities of ,bureau-funded schools1 as appropriate71 including1 with respect to each such facility1 an identification of-- 7i7 the information described in clauses 7i7 through 7vi7 of subparagraph 7,f72 7ii7 the age 7including an identification of the date of any retrofits or recent renovations7 of-- 7,i7 the facility2 7,,ii7 its roof2 7,,iii7 its lighting system2 7,,iv7 its windows2 7,v7 its ceilings2 7,,vi7 its plumbing2 and 7,,vii7 its heating1 ventilation1 and air conditioning system2 7iii7 fire safety inspection results2 and 7iv7 the proximity of the facilities to toxic sites or the vulnerability of the facilities to natural disasters1 including the extent to which facilities that are vulnerable to seismic natural disasters are seismically retrofitted2 7,c7 updating the database developed under subparagraph 7,b7 not less frequently than once every #b years2 7,d7 ensuring that the information in the database developed under subparagraph 7,b7-- 7i7 is posted on a publicly accessible ,state website2 and 7ii7 is regularly distributed to local educational agencies and ,tribal governments in the ,state2 7,e7 issuing and reviewing regulations to ensure the health and safety of students and staff during construction or renovation projects2 and 7,f7 issuing or reviewing regulations to ensure safe1 healthy1 and high-performing school buildings1 including regulations governing-- 7i7 indoor air quality and ventilation1 including exposure to carbon monoxide and carbon dioxide2 7ii7 mold1 mildew1 and moisture control2 7iii7 the safety of drinking water at the tap and water used for meal preparation1 including regulations that-- 7,i7 address the presence of lead and other contaminants in such water2 and 7,,ii7 require the regular testing of the potability of water at the tap2 7iv7 energy and water efficiency2 7v7 excessive classroom noise due to activities allowable under section #ajica2 and 7vi7 the levels of maintenance work1 operational spending1 and capital investment needed to maintain the quality of public school facilities2 and 7,g7 creating a plan to reduce or eliminate exposure to toxins and chemicals1 including mercury1 radon1 ,p,c,bs1 lead1 vapor intrusions1 and asbestos4 7b7 ,state plan 7#a7 ,in general ,to be eligible to receive an allocation under this section1 a ,state shall submit to the ,secretary a plan that-- 7,a7 describes how the ,state will use the allocation to make long-term improvements to public school facilities2 7,b7 explains how the ,state will carry out each of its responsibilities under subsection 7a77#b72 7,c7 explains how the ,state will make the determinations under subsections 7b7 and 7c7 of section #ajc2 7,d7 identifies how long1 and at what levels1 the ,state will maintain fiscal effort for the activities supported by the allocation after the ,state no longer receives the allocation2 and 7,e7 includes such other information as the ,secretary may require4 7#b7 ,approval and disapproval ,the ,secretary shall have the authority to approve or disapprove a ,state plan submitted under paragraph 7#a74 7c7 ,conditions ,as a condition of receiving an allocation under this section1 a ,state shall agree to the following3 7#a7 ,matching requirement ,the ,state shall contribute1 from non-,federal sources1 an amount equal to #aj percent of the amount of the allocation received under this section to carry out the activities supported by the allocation4 7#b7 ,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 #ij 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 received4 7#c7 ,supplement not supplant ,the ,state shall use an allocation under this section only to supplement the level of ,federal1 ,state1 and local public funds that would1 in absence of such allocation1 be made available for the activities supported by the allocation1 and not to supplant such funds4 #ajiac4 ,need-based grants to qualified local educational agencies 7a7 ,grants to local educational agencies 7#a7 ,in general ,subject to paragraph 7#b71 from the amounts allocated to a ,state under section #ajiab7;a7 and contributed by the ,state under section #ajiab7;c77#a71 the ,state shall award grants to qualified local educational agencies1 on a competitive basis1 to carry out the activities described in section #ajica7;a74 7#b7 ,allowance for digital learning ,a ,state may use up to #aj percent of the amount described in paragraph 7#a7 to make grants to qualified local educational agencies carry out activities to improve digital learning in accordance with section #ajica7;b74 7b7 ,eligibility 7#a7 ,in general ,to be eligible to receive a grant under this section a qualified local educational agency-- 7,a7 shall be among the local educational agencies in the ,state with the highest numbers or percentages of students counted under section #aabd7;c7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fccc7;c772 7,b7 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 ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq47 7which1 in the case of a high school1 may be calculated using comparable data from the schools that feed into the high school71 as compared to other public schools in the jurisdiction of the agency2 and 7,c7 may be among the local educational agencies in the ,state-- 7i7 with the greatest need to improve public school facilities1 as determined by the ,state1 which may include consideration of threats posed by the proximity of the facilities to toxic sites or the vulnerability of the facilities to natural disasters2 and 7ii7 with the most limited capacity to raise funds for the long-term improvement of public school facilities1 as determined by an assessment of-- 7,i7 the current and historic ability of the agency to raise funds for construction1 renovation1 modernization1 and major repair projects for schools2 7,,ii7 whether the agency has been able to issue bonds or receive other funds to support school construction projects2 and 7,,iii7 the bond rating of the agency4 7#b7 ,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 ,state4 7c7 ,priority of grants ,in awarding grants under this section1 the ,state-- 7#a7 shall give priority to qualified local educational agencies that-- 7,a7 demonstrate the greatest need for such a grant1 as determined by a comparison of the factors described in subsection 7b72 7,b7 will use the grant to improve the facilities of-- 7i7 elementary schools or middle schools that have an enrollment of students who are eligible for a free or reduced price lunch under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq47 that constitutes not less than #dj percent of the total student enrollment at such schools2 or 7ii7 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 #cj percent of the total student enrollment at such schools 7which may be calculated using comparable data from the schools that feed into the high school72 and 7,c7 operate public school facilities that pose a severe health and safety threat to students and staff1 which may include a threat posed by the proximity of the facilities to toxic sites or the vulnerability of the facilities to natural disasters2 and 7#b7 may give priority to qualified local educational agencies that-- 7,a7 will use the grant to improve access to high-speed broadband sufficient to support digital learning accordance with section #ajica7;b72 7,b7 serve elementary schools or secondary schools1 including rural schools1 that lack such access2 and 7,c7 meet one or more of the requirements set forth in subparagraphs 7,a7 through 7,c7 of paragraph 7#a74 7d7 ,application ,to be considered for a grant under this section1 a qualified local educational agency shall submit an application to the ,state at such time1 in such manner1 and containing such information as the ,state may require4 ,such application shall include1 at minimum-- 7#a7 the information necessary for the ,state to make the determinations under subsections 7b7 and 7c72 7#b7 a description of the projects that the agency plans to carry out with the grant2 7#c7 an explanation of how such projects will reduce risks to the health and safety of staff and students at schools served by the agency2 and 7#d7 in the case of a local educational agency that proposes to fund a repair1 renovation1 or construction project for a public charter school1 the extent to which-- 7,a7 the public charter school lacks access to funding for school repair1 renovation1 and construction through the financing methods available to other public schools or local educational agencies in the ,state2 and 7,b7 the charter school operator owns or has care and control of the facility that is to be repaired1 renovated1 or constructed4 7e7 ,facilities master plan 7#a7 ,plan required ,not later than #ahj days after receiving a grant under this section1 a qualified local educational agency shall submit to the ,state a comprehensive #aj-year facilities master plan4 7#b7 ,elements ,the facilities master plan required under paragraph 7#a7 shall include1 with respect to all public school facilities of the qualified local educational agency1 a description of-- 7,a7 the extent to which public school facilities meet students' educational needs and support the agency's educational mission and vision2 7,b7 the physical condition of the public school facilities2 7,c7 the current health1 safety1 and environmental conditions of the public school facilities1 including-- 7i7 indoor air quality2 7ii7 the presence of hazardous and toxic substances and chemicals2 7iii7 the safety of drinking water at the tap and water used for meal preparation1 including the level of lead and other contaminants in such water2 7iv7 energy and water efficiency2 7v7 excessive classroom noise2 and 7vi7 other health1 safety1 and environmental conditions that would impact the health1 safety1 and learning ability of students2 7,d7 how the local educational agency will address any conditions identified under subparagraph 7,c72 7,e7 the impact of current and future student enrollment levels 7as of the date of application7 on the design of current and future public school facilities1 as well as the financial implications of such enrollment levels2 7,f7 the dollar amount and percentage of funds the local educational agency will dedicate to capital construction projects for public school facilities1 including-- 7i7 any funds in the budget of the agency that will be dedicated to such projects2 and 7ii7 any funds not in the budget of the agency that will be dedicated to such projects1 including any funds available to the agency as the result of a bond issue2 and 7,g7 the dollar amount and percentage of funds the local educational agency will dedicate to the maintenance and operation of public school facilities1 including-- 7i7 any funds in the budget of the agency that will be dedicated to the maintenance and operation of such facilities2 and 7ii7 any funds not in the budget of the agency that will be dedicated to the maintenance and operation of such facilities4 7#c7 ,consultation ,in developing the facilities master plan required under paragraph 7#a71 the qualified local educational agency shall consult with teachers1 principals and other school leaders1 custodial and maintenance staff1 emergency first responders1 school facilities directors1 students and families1 community residents1 and ,indian ,tribes4 7f7 ,supplement not supplant ,a qualified local educational agency shall use a grant received under this section only to supplement the level of ,federal1 ,state1 and local public funds that would1 in the absence of such grant1 be made available for the activities supported by the grant1 and not to supplant such funds4 #ajiad4 ,annual report on grant program 7a7 ,in general ,not later than ,september #cj of each fiscal year beginning after the date of the enactment of this ,act1 the ,secretary shall submit to the appropriate congressional committees a report on the projects carried out with funds made available under this part4 7b7 ,elements ,the report under subsection 7a7 shall include1 with respect to the fiscal year preceding the year in which the report is submitted1 the following3 7#a7 ,an identification of each local educational agency that received a grant under this part4 7#b7 ,with respect to each such agency1 a description of-- 7,a7 the demographic composition of the student population served by the agency1 disaggregated by-- 7i7 race2 7ii7 the number and percentage of students counted under section #aabd7;c7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fccc7;c772 and 7iii7 the number and percentage of students who are eligible for a free or reduced price lunch under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq472 7,b7 the population density of the geographic area served by the agency2 7,c7 the projects for which the agency used the grant received under this part2 7,d7 the demonstrable or expected benefits of the projects2 and 7,e7 the estimated number of jobs created by the projects4 7#c7 ,the total dollar amount of all grants received by local educational agencies under this part4 7c7 ,,lea information collection ,a local educational agency that receives a grant under this part shall-- 7#a7 annually compile the information described in subsection 7b77#b72 7#b7 make the information available to the public1 including by posting the information on a publicly accessible agency website2 and 7#c7 submit the information to the ,state4 7d7 ,state information distribution ,a ,state that receives information from a local educational agency under subsection 7c7 shall-- 7#a7 compile the information and report it annually to the ,secretary at such time and in such manner as the ,secretary may require2 7#b7 make the information available to the public1 including by posting the information on a publicly accessible ,state website2 and 7#c7 regularly distribute the information to local educational agencies and ,tribal governments in the ,state4 #ajiae4 ,authorization of appropriations ,there are authorized to be appropriated #g1jjj1jjj1jjj for each of fiscal years #bjbj through #bjbi to carry out this part4 #b ,school infrastructure bonds #ajiba4 ,restoration of certain qualified tax credit bonds 7a7 ,allowance of credit 7#a7 ,in general ,section #ed;,a of the ,internal ,revenue ,code of #aihf1 as in effect before repeal by ,public ,law #aae-ig1 is restored as if such repeal had not taken effect4 7#b7 ,credit limited to certain bonds ,section #ed;,a7d77#a7 of such ,code1 as restored by paragraph 7#a71 is amended by striking subparagraphs 7,a71 7,b71 and 7,c74 7b7 ,credit allowed to issuer 7#a7 ,in general ,section #fdca of the ,internal ,revenue ,code of #aihf1 as in effect before repeal by ,public ,law #aae-ig1 is restored as if such repeal had not taken effect4 7#b7 ,school infrastructure bonds ,section #fdca7;f77#c7 of such ,code1 as restored by paragraph 7#a71 is amended by inserting any school infrastructure bond 7as defined in section #ed;,,bb7 or before any qualified tax credit bond4 7c7 ,qualified zone academy bonds 7#a7 ,in general ,section #ed;,e of the ,internal ,revenue ,code of #aihf1 as in effect before repeal by ,public ,law #aae-ig1 is restored as if such repeal had not taken effect4 7#b7 ,removal of private business contribution requirement ,section #ed;,e of the ,internal ,revenue ,code of #aihf1 as restored by paragraph 7#a71 is amended-- 7,a7 in subsection 7a77#c71 by inserting and at the end of subparagraph 7,a71 by striking subparagraph 7,b71 and by redesignating subparagraph 7,c7 as subparagraph 7,b72 7,b7 by striking subsection 7b72 and 7,c7 in subsection 7c77#a7-- 7i7 by striking and #djj1jjj1jjjj and inserting #djj1jjj1jjj2 and 7ii7 by striking and1 except as provided and all that follows through the period at the end and inserting 1 and #a1djj1jjj1jjj for #bjbj and each year thereafter44 7#c7 ,construction of a public school facility ,section #ed;,e7d77#c77;,a7 of the ,internal ,revenue ,code of #aihf1 as restored by paragraph 7#a71 is amended by striking rehabilitating or repairing and inserting constructing1 rehabilitating1 retrofitting1 or repairing4 7d7 ,effective date ,the amendments made by this section shall apply to obligations issued after ,december #ca1 #bjai4 #ajibb4 ,school infrastructure bonds 7a7 ,in general ,the ,internal ,revenue ,code of #aihf is amended by inserting after subpart ,i 7as restored by section #ajiba7 of part ,,iv of subchapter ,a of chapter #a the following new subpart3 ,j ,school infrastructure bonds ,sec4 #ed;,,bb4 ,school infrastructure bonds4 #ed;,,bb4 ,school infrastructure bonds 7a7 ,in general ,if a taxpayer holds a school infrastructure bond on one or more interest payment dates of the bond during any taxable year1 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 7b7 with respect to such dates4 7b7 ,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 #ajj percent of the amount of interest payable by the issuer with respect to such date4 7c7 ,limitation ,based on ,amount of ,tax 7#a7 ,in general ,the credit allowed under subsection 7a7 for any taxable year shall not exceed the excess of-- 7,a7 the sum of the regular tax liability 7as defined in section #bf7;b77 plus the tax imposed by section #ee1 over 7,b7 the sum of the credits allowable under this part 7other than subpart ,c and this subpart74 7#b7 ,carryover of unused credit ,if the credit allowable under subsection 7a7 exceeds the limitation imposed by paragraph 7#a7 for such taxable year1 such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection 7a7 for such taxable year 7determined before the application of paragraph 7#a7 for such succeeding taxable year74 7d7 ,school infrastructure bond 7#a7 ,in general ,for purposes of this section1 the term school infrastructure bond means any bond issued as part of an issue if-- 7,a7 #ajj percent of the available project proceeds of such issue are to be used for the purposes described in section #ajica of the ,rebuild ,america's ,schools ,act of #bjbj1 7,b7 the interest on such obligation would 7but for this section7 be excludable from gross income under section #ajiac1 7,c7 the issue meets the requirements of paragraph 7#c71 and 7,d7 the issuer designates such bond for purposes of this section4 7#b7 ,applicable rules ,for purposes of applying paragraph 7#a7-- 7,a7 for purposes of section #adi7;b71 a school infrastructure bond shall not be treated as federally guaranteed by reason of the credit allowed under section #fdca7;a71 7,b7 for purposes of section #adh1 the yield on a school infrastructure bond shall be determined without regard to the credit allowed under subsection 7a71 and 7,c7 a bond shall not be treated as a school infrastructure bond if the issue price has more than a de minimis amount 7determined under rules similar to the rules of section #abgc7;a77#c77 of premium over the stated principal amount of the bond4 7#c7 #f-year expenditure period 7,a7 ,in general ,an issue shall be treated as meeting the requirements of this paragraph if1 as of the date of issuance1 the issuer reasonably expects #ajj percent of the available project proceeds to be spent for purposes described in section #ajica of the ,rebuild ,america's ,schools ,act of #bjbj within the #f-year period beginning on such date of issuance4 7,b7 ,failure to spend required amount of bond proceeds within #f years ,to the extent that less than #ajj percent of the available project proceeds of the issue are expended at the close of the period described in subparagraph 7,a7 with respect to such issue1 the issuer shall redeem all of the nonqualified bonds within #ij days after the end of such period4 ,for purposes of this paragraph1 the amount of the nonqualified bonds required to be redeemed shall be determined in the same manner as under section #adb4 7e7 ,limitation on amount of bonds designated ,the maximum aggregate face amount of bonds issued during any calendar year which may be designated under subsection 7d7 by any issuer shall not exceed the limitation amount allocated under subsection 7g7 for such calendar year to such issuer4 7f7 ,national limitation on amount of bonds designated ,the national qualified school infrastructure bond limitation for each calendar year is-- 7#a7 #aj1jjj1jjj1jjj for #bjbj1 7#b7 #aj1jjj1jjj1jjj for #bjba1 and 7#c7 #aj1jjj1jjj1jjj for #bjbb4 7g7 ,allocation of limitation 7#a7 ,allocations 7,a7 ,states ,after application of subparagraph 7,b7 and paragraph 7#c77;,a71 the limitation applicable under subsection 7f7 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 #aife 7#bj ,u4,s4,c4 #fcaa et seq47 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 year4 7,b7 ,certain possessions ,one-half of #a percent of the amount of the limitation applicable under subsection 7f7 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 #a percent4 7#b7 ,allocations to schools ,the limitation amount allocated to a ,state or possession under paragraph 7#a7 shall be allocated by the ,state educational agency 7or such other agency as is authorized under ,state law to make such allocation7 to issuers within such ,state or possession in accordance with the priorities described in section #ajiac7;c7 the of the ,rebuild ,america's ,schools ,act of #bjbj and the eligibility requirements described in section #ajiac7;b7 of such ,act1 except that paragraph 7#a77;,c7 of such section shall not apply to the determination of eligibility for such allocation4 7#c7 ,allocations for ,indian schools 7,a7 ,in general ,one-half of #a percent of the amount of the limitation applicable under subsection 7f7 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 year4 7,b7 ,allocation to schools ,the limitation amount allocated to the ,secretary of the ,interior under paragraph 7#a7 shall be allocated by such ,secretary to issuers or schools funded as described in paragraph 7#b74 ,in the case of amounts allocated under the preceding sentence1 ,indian tribal governments 7as defined in section #ggja7;a77#dj77 shall be treated as qualified issuers for purposes of this subchapter4 7#d7 ,digital learning ,up to #aj percent of the limitation amount allocated under paragraph 7#a7 or 7#c77;,a7 may be allocated by the ,state to issuers within such ,state to carry out activities to improve digital learning in accordance with section #ajica7;b7 of the ,rebuild ,america's ,schools ,act of #bjbj4 7h7 ,interest ,payment ,date ,for purposes of this section1 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 bond4 7i7 ,special ,rules 7#a7 ,interest on school infrastructure bonds includible in gross income for federal income tax purposes ,for purposes of this title1 interest on any school infrastructure bond shall be includible in gross income4 7#b7 ,application of certain rules ,rules similar to the rules of subsections 7f71 7g71 7h71 and 7i7 of section #ed;,a shall apply for purposes of the credit allowed under subsection 7a74 4 7b7 ,transitional ,coordination ,with ,state ,law ,except as otherwise provided by a ,state after the date of the enactment of this ,act1 the interest on any school infrastructure bond 7as defined in section #ed;,,bb of the ,internal ,revenue ,code of #aihf1 as added by this section7 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 tax4 7c7 ,application of certain labor standards to projects financed with certain tax-,favored bonds 7#a7 ,in general ,subchapter ,,iv of chapter #ca of the title #dj1 ,united ,states ,code1 shall apply to projects financed with the proceeds of-- 7,a7 any school infrastructure bond 7as defined in section #ed;,,bb of the ,internal ,revenue ,code of #aihf72 and 7,b7 any qualified zone academy bond 7as defined in section #ed;,e of the ,internal ,revenue ,code of #aihf7 issued after the date of the enactment of the ,american ,recovery and ,reinvestment ,tax ,act of #bjji4 7#b7 ,conforming amendment ,section #afja of the ,american ,recovery and ,reinvestment ,tax ,act of #bjji is amended by striking paragraph 7#c7 and redesignating paragraphs 7#d7 and 7#e7 as paragraphs 7#c7 and 7#d71 respectively4 7d7 ,clerical amendments ,the table of subparts for part ,,iv of subchapter ,a of chapter #a of such ,code is amended by adding at the end the following3 ,subpart ,j--,school infrastructure bonds 4 7e7 ,effective ,date ,the amendments made by this section shall apply to obligations issued after ,december #ca1 #bjai4 #ajibc4 ,annual report on bond program 7a7 ,in general ,not later than ,september #cj of each fiscal year beginning after the date of the enactment of this ,act1 the ,secretary of the ,treasury shall submit to the appropriate congressional committees a report on the school infrastructure bond program4 7b7 ,elements ,the report under paragraph 7#a7 shall include1 with respect to the fiscal year preceding the year in which the report is submitted1 the following3 7#a7 ,an identification of-- 7,a7 each local educational agency that received funds from a school infrastructure bond2 and 7,b7 each local educational agency that was eligible to receive such funds-- 7i7 but did not receive such funds2 or 7ii7 received less than the maximum amount of funds for which the agency was eligible4 7#b7 ,with respect to each local educational agency described in paragraph 7#a7-- 7,a7 an assessment of the capacity of the agency to raise funds for the long-term improvement of public school facilities1 as determined by an assessment of-- 7i7 the current and historic ability of the agency to raise funds for construction1 renovation1 modernization1 and major repair projects for schools1 including the ability of the agency to raise funds through imposition of property taxes2 7ii7 whether the agency has been able to issue bonds to fund construction projects1 including-- 7,i7 qualified zone academy bonds under section #ed;,e of the ,internal ,revenue ,code of #aihf2 and 7,,ii7 school infrastructure bonds under section #ed;,,bb of the ,internal ,revenue ,code of #aihf2 and 7iii7 the bond rating of the agency2 7,b7 the demographic composition of the student population served by the agency1 disaggregated by-- 7i7 race2 7ii7 the number and percentage of students counted under section #aabd7;c7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fccc7;c772 and 7iii7 the number and percentage of students who are eligible for a free or reduced price lunch under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq472 7,c7 the population density of the geographic area served by the agency2 7,d7 a description of the projects carried out with funds received from school infrastructure bonds2 7,e7 a description of the demonstrable or expected benefits of the projects2 and 7,f7 the estimated number of jobs created by the projects4 7#c7 ,the total dollar amount of all funds received by local educational agencies from school infrastructure bonds4 7#d7 ,any other factors that the ,secretary of the ,treasury determines to be appropriate4 7c7 ,information collection ,a ,state or local educational agency that receives funds from a school infrastructure bond shall-- 7#a7 annually compile the information necessary for the ,secretary of the ,treasury to determine the elements described in subsection 7b72 and 7#b7 report the information to the ,secretary of the ,treasury at such time and in such manner as the ,secretary of the ,treasury may require4 #c ,general provisions #ajica4 ,allowable uses of funds 7a7 ,in general ,except as provided in section #ajicb1 a local educational agency that receives covered funds may use such funds to-- 7#a7 develop the facilities master plan required under section #ajiac7;e72 7#b7 construct1 modernize1 renovate1 or retrofit public school facilities1 which may include seismic retrofitting for schools vulnerable to seismic natural disasters2 7#c7 carry out major repairs of public school facilities2 7#d7 install furniture or fixtures with at least a #aj-year life in public school facilities2 7#e7 construct new public school facilities2 7#f7 acquire and prepare sites on which new public school facilities will be constructed2 7#g7 extend the life of basic systems and components of public school facilities2 7#h7 reduce current or anticipated overcrowding in public school facilities2 7#i7 ensure the building envelopes of public school facilities protect occupants and interiors from the elements and are structurally sounds and secure2 7#aj7 improve energy and water efficiency to lower the costs of energy and water consumption in public school facilities2 7#aa7 improve indoor air quality in public school facilities2 7#ab7 reduce or eliminate the presence of-- 7,a7 toxins and chemicals1 including mercury1 radon1 ,p,c,bs1 lead1 and asbestos2 7,b7 mold and mildew2 or 7,c7 rodents and pests2 7#ac7 ensure the safety of drinking water at the tap and water used for meal preparation in public school facilities1 which may include testing of the potability of water at the tap for the presence of lead and other contaminants2 7#ad7 bring public school facilities into compliance with applicable fire1 health1 and safety codes2 7#ae7 make public school facilities accessible to people with disabilities through compliance with the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq47 and section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid72 7#af7 provide instructional program space improvements for programs relating to early learning 7including early learning programs operated by partners of the agency71 special education1 science1 technology1 career and technical education1 physical education1 the arts1 and literacy 7including library programs72 7#ag7 increase the use of public school facilities for the purpose of community-based partnerships that provide students with academic1 health1 and social services2 7#ah7 ensure the health of students and staff during the construction or modernization of public school facilities2 or 7#ai7 reduce or eliminate excessive classroom noise due to activities allowable under this section4 7b7 ,allowance for digital learning ,a local educational agency may use funds received under section #ajiac7;a77#b7 or proceeds from a school infrastructure bond limitation allocated under section #ed;,,bb7g7 of the ,internal ,revenue ,code of #aihf 7as added by section #ajibb7 to leverage existing public programs or public-private partnerships to expand access to high-speed broadband sufficient for digital learning4 #ajicb4 ,prohibited uses ,a local educational agency that receives covered funds may not use such funds for-- 7#a7 payment of routine and predictable maintenance costs and minor repairs2 7#b7 any facility that is primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public2 7#c7 vehicles2 or 7#d7 central offices1 operation centers1 or other facilities that are not primarily used to educate students4 #ajicc4 ,green ,practices 7a7 ,in general ,in a given fiscal year1 a local educational agency that uses covered funds for a new construction project or renovation project shall use not less than the applicable percentage 7as described in subsection 7b77 of the funds used for such project for construction or renovation that is certified1 verified1 or consistent with the applicable provisions of-- 7#a7 the ,united ,states ,green ,building ,council ,leadership in ,energy and ,environmental ,design green building rating standard 7commonly known as the ,,leed ,green ,building ,rating ,system72 7#b7 the ,living ,building ,challenge developed by the ,international ,living ,future ,institute2 7#c7 a green building rating program developed by the ,collaborative for ,high-,performance ,schools 7commonly known as ,,chps7 that is ,,chps-verified2 or 7#d7 a program that-- 7,a7 has standards that are equivalent to or more stringent than the standards of a program described in paragraphs 7#a7 through 7#c72 7,b7 is adopted by the ,state or another jurisdiction with authority over the agency2 and 7,c7 includes a verifiable method to demonstrate compliance with such program4 7b7 ,applicable percentage ,the applicable percentage described in this subsection is-- 7#a7 for fiscal year #bjbj1 #fj percent2 7#b7 for fiscal year #bjba1 #gj percent2 7#c7 for fiscal year #bjbb2 #hj percent2 7#d7 for fiscal year #bjbc1 #ij percent2 and 7#e7 for each of fiscal years #bjbd through #bjbi1 #ajj percent4 #ajicd4 ,use of ,american iron1 steel1 and manufactured products 7a7 ,in general ,a local educational agency that receives covered funds shall ensure that any iron1 steel1 and manufactured products used in projects carried out with such funds are produced in the ,united ,states4 7b7 ,waiver authority 7#a7 ,in general ,the ,secretary may waive the requirement of subsection 7a7 if the ,secretary determines that-- 7,a7 applying subsection 7a7 would be inconsistent with the public interest2 7,b7 iron1 steel1 and manufactured products produced in the ,united ,states are not produced in a sufficient and reasonably available amount or are not of a satisfactory quality2 or 7,c7 using iron1 steel1 and manufactured products produced in the ,united ,states will increase the cost of the overall project by more than #be percent4 7#b7 ,publication ,before issuing a waiver under paragraph 7#a71 the ,secretary shall publish in the ,federal ,register a detailed written explanation of the waiver determination4 7c7 ,consistency with international agreements ,this section shall be applied in a manner consistent with the obligations of the ,united ,states under international agreements4 7d7 ,definitions ,in this section3 7#a7 ,produced in the ,united ,states ,the term produced in the ,united ,states means the following3 7,a7 ,when used with respect to a manufactured product1 the product was manufactured in the ,united ,states and the cost of the components of such product that were mined1 produced1 or manufactured in the ,united ,states exceeds #fj percent of the total cost of all components of the product4 7,b7 ,when used with respect to iron or steel products1 or an individual component of a manufactured product1 all manufacturing processes for such iron or steel products or components1 from the initial melting stage through the application of coatings1 occurred in the ,united ,states1 except that the term does not include-- 7i7 steel or iron material or products manufactured abroad from semi-finished steel or iron from the ,united ,states2 and 7ii7 steel or iron material or products manufactured in the ,united ,states from semi-finished steel or iron of foreign origin4 7#b7 ,manufactured product ,the term manufactured product means any construction material or end product 7as such terms are defined in part #be4jjc of the ,federal ,acquisition ,regulation7 that is not an iron or steel product1 including-- 7,a7 electrical components2 and 7,b7 non-ferrous building materials1 including1 aluminum and polyvinylchloride 7,,pvc71 glass1 fiber optics1 plastic1 wood1 masonry1 rubber1 manufactured stone1 any other non-ferrous metals1 and any unmanufactured construction material4 #ajice4 ,comptroller general report 7a7 ,in general ,not later than #b years after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to the appropriate congressional committees a report on the projects carried out with covered funds4 7b7 ,elements ,the report under subsection 7a7 shall include an assessment of-- 7#a7 the types of projects carried out with covered funds2 7#b7 the geographic distribution of the projects2 7#c7 an assessment of the impact of the projects on the health and safety of school staff and students2 and 7#d7 how the ,secretary or ,states could make covered funds more accessible-- 7,a7 to schools with the highest numbers and percentages of students counted under section #aabd7;c7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fccc7;c772 and 7,b7 to schools with fiscal challenges in raising capital for school infrastructure projects4 7c7 ,updates ,the ,comptroller ,general shall update and resubmit the report to the appropriate congressional committees-- 7#a7 on a date that is between #e and #f years after the date of the enactment of this ,act2 and 7#b7 on a date that is between #aj and #aa years after such date of enactment4 #ajicf4 ,study and report physical condition of public schools 7a7 ,study and report ,not less frequently than once in each #e-year period beginning after the date of the enactment of this ,act1 the ,secretary1 acting through the ,director of the ,institute of ,education ,sciences1 shall-- 7#a7 carry out a comprehensive study of the physical conditions of all public schools in the ,united ,states2 and 7#b7 submit a report to the appropriate congressional committees that includes that results of the study4 7b7 ,elements ,each study and report under subsection 7a7 shall include an assessment of-- 7#a7 the effect of school facility conditions on student and staff health and safety2 7#b7 the effect of school facility conditions on student academic outcomes2 7#c7 the condition of school facilities1 set forth separately by geographic region2 7#d7 the condition of school facilities for economically disadvantaged students as well as students from major racial and ethnic subgroups2 7#e7 the accessibility of school facilities for students and staff with disabilities2 and 7#f7 an explanation of any differences observed with respect to the factors described in paragraphs 7#a7 through 7#e7 between local educational agencies that received covered funds and agencies that did not receive such funds4 #ajicg4 ,development of data standards 7a7 ,data standards ,not later than #abj days after the date of the enactment of this ,act1 the ,secretary1 in consultation with the officials described in subsection 7b71 shall-- 7#a7 identify the data that ,states should collect and include in the databases developed under section #ajiab7;a77#b77;,b72 7#b7 develop standards for the measurement of such data2 and 7#c7 issue guidance to ,states concerning the collection and measurement of such data4 7b7 ,officials ,the officials described in this subsection are-- 7#a7 the ,administrator of the ,environmental ,protection ,agency2 7#b7 the ,secretary of ,energy2 7#c7 the ,director of the ,centers for ,disease ,control and ,prevention2 and 7#d7 the ,director of the ,national ,institute for ,occupational ,safety and ,health4 #ajich4 ,information clearinghouse 7a7 ,in general ,not later than #abj days after the date of the enactment of this ,act1 the ,secretary shall establish a clearinghouse to disseminate information on ,federal programs and financing mechanisms that may be used to assist schools in initiating1 developing1 and financing-- 7#a7 energy efficiency projects2 7#b7 distributed generation projects2 and 7#c7 energy retrofitting projects4 7b7 ,elements ,in carrying out subsection 7a71 the ,secretary shall-- 7#a7 consult with the officials described in section #cjg7;b7 to develop a list of ,federal programs and financing mechanisms to be included in the clearinghouse2 and 7#b7 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 clearinghouse1 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 ,states1 local educational agencies1 and schools to effectively access and use such ,federal programs and financing mechanisms4 #d ,impact aid construction #ajida4 ,temporary increase in funding for impact aid construction ,section #gjad7;d7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ggad7;d77 is amended to read as follows3 7d7 ,construction ,for the purpose of carrying out section #gjjg1 there are authorized to be appropriated-- 7#a7 #ah1gef1gfe for fiscal year #bjbj2 7#b7 #ej1djf1jjj for each of fiscal years #bjba and #bjbb2 and 7#c7 #eb1gef1gfe for fiscal year #bjbc4 4 ,j ,rehabilitation of ,historic ,schools #aaaja4 ,short title ,this subtitle may be cited as the ,rehabilitation of ,historic ,schools ,act of #bjbj4 #aaajb4 ,qualification of rehabilitation expenditures for public school buildings for rehabilitation credit 7a7 ,in general ,section #dg7;c77#b77;,b77v7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new subclause3 7,,iii7 ,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 7as defined in section #adb7k77#a71 determined without regard to subparagraph 7,b7 thereof7 and used as such during some period before such expenditure and used as such immediately after such expenditure4 4 7b7 ,report ,not later than the date which is #e years after the date of the enactment of this ,act1 the ,secretary of the ,treasury1 after consultation with the heads of appropriate ,federal agencies1 shall report to ,congress on the effects resulting from the amendment made by subsection 7a74 7c7 ,effective date ,the amendment made by this section shall apply to property placed in service after the date of the enactment of this ,act4 ,k ,today's ,american ,dream #aabja4 ,job skills training for older individuals 7a7 ,targeted pilot program ,the ,secretary of ,labor shall establish a pilot program pursuant to section #afi7;b7 of the ,workforce ,investment and ,opportunity ,act 7#bi ,u4,s4,c4 #cbbd7;b77 to provide grants to entities eligible under such section to provide job skills training to and specific for older individuals1 particularly in the areas of computer literacy1 advanced computer operations1 and resume writing4 7b7 ,definition ,for purposes of the program established under subsection 7a71 the term older individual means an individual who is older than #de years of age4 #aabjb4 ,extension of work opportunity tax credit for certain targeted groups 7a7 ,in general ,subparagraph 7,b7 of section #ea7;c77#d7 of the ,internal ,revenue ,code of #aihf is amended by inserting 7,december #ca1 in the case of any member of a targeted group described in subparagraph 7,b71 7,c71 7,e71 7,f71 or 7,g77 before the period at the end4 7b7 ,effective date ,the amendment made by this section shall apply to individuals who begin work for the employer after ,december #ca1 #bjbb4 #aabjc4 ,youth and summer jobs 7a7 ,intern wage credit 7#a7 ,in general ,subpart ,d of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new section3 #de,s4 ,intern wage credit 7a7 ,in general ,for purposes of section #ch1 in the case of an eligible small business employer1 the intern wage credit for any taxable year is an amount equal to #aj percent of the wages paid by the taxpayer during such taxable year to qualified interns for whom an election is in effect under this section4 7b7 ,limitations 7#a7 ,credit ,the credit allowed under subsection 7a7 with respect to any taxpayer for any taxable year shall not exceed an amount equal to the excess 7if any7 of-- 7,a7 #c1jjj1 over 7,b7 the credit allowed under subsection 7a7 with respect to such taxpayer for all preceding taxable years4 7#b7 ,interns ,an election may not be made under this section with respect to more than #e qualified interns for any taxable year4 7c7 ,definitions and special rules ,for purposes of this section-- 7#a7 ,eligible small employer ,the term eligible small employer means any person which employed not more than #ejj employees during the preceding taxable year4 ,rules similar to the rules of section #ddh7;c77#c7 shall apply4 7#b7 ,eligible wages ,the term eligible wages means any remuneration paid by the taxpayer to an individual for services rendered as an employee4 7#c7 ,qualified intern ,the term qualified intern means any individual who1 during the period for which wages are taken into account under subsection 7a71 is-- 7,a7 enrolled at an eligible educational institution 7as defined in section #be;,a7f77#b771 7,b7 seeking a degree at such institution in a field of study closely related to the work performed for the taxpayer1 and 7,c7 supervised and evaluated by the taxpayer4 7#d7 ,controlled group ,all persons treated as a single employer under subsection 7a7 or 7b7 of section #eb shall be treated as a single employer for purposes of this section4 7#e7 ,related individuals ineligible ,rules similar to the rules of section #ea7;i77#a7 shall apply for purposes of this section4 4 7#b7 ,conforming amendments 7,a7 ,section #ch7;b7 of such ,code is amended by striking plus at the end of paragraph 7#ce71 by striking the period at the end of paragraph 7#cf7 and inserting 1 plus1 and by adding at the end the following new paragraph3 7#cg7 the intern wage credit under section #de,s7a74 4 7,b7 ,the table of sections for subpart ,d of part ,,iv of subchapter ,a of chapter #a of such ,code is amended by adding at the end the following new item3 ,sec4 #de,s4 ,intern wage credit4''4 4 7#c7 ,effective date ,the amendments made by this subsection shall apply to taxable years beginning after the date of the enactment of this ,act4 #aabjd4 ,youthbuild program ,section #aga of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbbf7 is amended by adding at the end the following3 7j7 ,carry-over authority ,any amounts granted to an entity under this section for a fiscal year may1 at the discretion of the entity1 remain available for expenditure during the succeeding fiscal year to carry out programs under this section4 4 #aabje4 ,tax credit for providing programs for students that promote economic and financial literacy 7a7 ,in general ,subpart ,d of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf 7relating to business-related credits71 as amended by this ,act1 is amended by adding at the end the following new section3 #de,t4 ,excellence in economic education 7a7 ,general rule ,in the case of an eligible for profit organization1 for purposes of section #ch1 the excellence in economic education credit determined under this section for a taxable year is #ej percent of the amount paid or incurred during the taxable year to carry out the purposes specified in section #eecc7;b7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gbfg;b7b77 7as such section was in effect on the day before the date of enactment of the ,every ,student ,succeeds ,act7 pursuant to a qualified program4 7b7 ,limitation on number of credit recipients 7#a7 ,in general ,the excellence in economic education credit determined under this section for a taxable year may be allowed to not more than #bj for profit organizations in accordance with paragraph 7#b74 7#b7 ,credit award by secretary 7,a7 ,in general ,the ,secretary 7in consultation with the ,secretary of ,education7 shall determine which for profit organizations are allowed the credit under this section for a taxable year in such manner as the ,secretary determines appropriate4 7,b7 ,majority of recipients must be mwosbs1 owned by veterans1 or meet asset test ,in carrying out subparagraph 7,a71 the majority of the taxpayers allowed a credit under paragraph 7#a7 for a taxable year shall be entities that are-- 7i7 either-- 7,i7 a socially and economically disadvantaged small business concern 7as defined in section #h7;a77#d77;,a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 7a77#d77;,a7771 7,,ii7 a small business concern owned and controlled by women 7as defined under section #c7n7 of such ,act 7#ae ,u4,s4,c4 #fcb7n7771 or 7,,iii7 a small business concern 7as used in section #c of such ,act 7#ae ,u4,s4,c4 #fcb77 that is at least #ea percent owned by veterans 7as defined in section #aja7b7 of title #ch1 ,united ,states ,code71 or 7ii7 on the first day of the taxable year do not have more than #fj1jjj1jjj1jjj in assets4 7,c7 ,priority ,in making determinations under this paragraph1 the ,secretary shall give priority to taxpayers that have qualified programs which serve either urban or rural underserved areas 7determined on the basis of the most recent ,united ,states census data available74 7c7 ,limitations relating to expenditures 7#a7 ,direct activity ,twenty-five percent of the amount allowed as a credit under subsection 7a7 shall be for amounts paid or incurred for direct activities as defined in section #eecc7;b77#a7 of the ,elementary and ,secondary ,education ,act of 7#bj ,u4,s4,c4 #gbfg;b7b77#a777;as in effect on the day before the date of enactment of the ,every ,student ,succeeds ,act74 7#b7 ,subgrants ,seventy-five percent of the amount allowed as a credit under subsection 7a7 shall be for amounts paid or incurred for subgrants 7as defined in section #eecc7;b77#b7 of the ,elementary and ,secondary ,education ,act of 7#bj ,u4,s4,c4 #gbfg;b7b77#a771 as in effect on the day before the date of enactment of the ,every ,student ,succeeds ,act71 determined by treating amounts so paid or incurred as funds made available through a grant4 7d7 ,definitions and special rules ,for purposes of this section-- 7#a7 ,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 literacy1 as specified in section #eecb of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gbfg;a71 that meet the requirements of section #eecc of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gbfg;b71 as such sections are in effect on the day before the date of enactment of the ,every ,student ,succeeds ,act4 7#b7 ,eligible for profit organization ,the term eligible for profit organization means with respect to a taxable year1 an organization that-- 7,a7 has a qualified program in effect for the taxable year1 and 7,b7 has been determined by the ,secretary under subsection 7b77#b7 to be an organization to whom the credit is allowed for the taxable year4 7#c7 ,determination of assets ,for purposes of paragraph 7#b77;,b71 in determining assets1 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 #afe of the ,financial ,stability ,act of #bjaj 7#ab ,u4,s4,c4 #ecfe74 7#d7 ,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 year4 7#e7 ,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 7a7 shall be reduced by the credit allowed by this section4 7e7 ,regulations ,the ,secretary shall issue such regulations or other guidance as may be necessary or appropriate to carry out this section4 4 7b7 ,credit made part of general business credit ,subsection 7b7 of section #ch of such ,code1 as amended by this ,act1 is amended by striking plus at the end of paragraph 7#cf71 by striking the period at the end of paragraph 7#cg7 and inserting 1 plus1 and by adding at the end the following new paragraph3 7#ch7 the excellence in economic education credit determined under section #de,t7a74 4 7c7 ,clerical amendment ,the table of sections for subpart ,d of part ,,iv of subchapter ,a of chapter #a of such ,code is amended by adding at the end the following new item3 ,sec4 #de,t4 ,excellence in economic education4 4 7d7 ,report 7#a7 ,in general ,the ,secretary of the ,treasury 7or the ,secretary's delegate7 shall submit a report on-- 7,a7 whether the credit for excellence in economic education 7as enacted by subsection 7a7 of this section7 has resulted in increased investment in financial literacy programs2 and 7,b7 recommendations 7if any7 for improving such credit to make it more effective4 7#b7 ,submission to congress ,not later than #e years after the date of the enactment of this ,act1 the ,secretary of the ,treasury 7or the ,secretary's delegate7 shall submit the report required by paragraph 7#a7 to the ,secretary of ,education1 the ,committee on ,education and the ,workforce1 the ,committee on ,financial ,services1 and the ,committee on ,ways and ,means of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions1 the ,committee on ,banking1 ,housing1 and ,urban ,affairs1 and the ,committee on ,finance of the ,senate4 7e7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after the date of the enactment of this ,act4 #aabjf4 ,teacher recruiting 7a7 ,purpose ,it is the purpose of this section to encourage individuals educated in science1 technology1 engineering1 and mathematics to enter and continue in the teaching profession1 with the goal of attracting #aj1jjj of ,america's brightest students to the teaching profession over the next #e years4 7b7 ,scholarships ,title ,,ii of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajba et seq47 is amended-- 7#a7 by redesignating part ,c as part ,e2 7#b7 by redesignating section #bfa as section #bha2 and 7#c7 by inserting after part ,b the following new part3 ,c ,stem ,teacher ,scholarships #bfa4 ,program established ,the ,secretary shall award scholarships1 on a competitive basis and in accordance with this part1 to students who are enrolled in studies leading to bachelor's degrees1 with concurrent certification as kindergarten1 elementary1 and secondary school teachers1 in science1 technology1 engineering1 and mathematics1 and who have agreed to perform qualified service4 #bfb4 ,selection of recipients 7a7 ,selection criteria ,the ,secretary shall develop selection criteria that the ,secretary will use to award scholarships1 and to renew those awards1 based on established measurements of merit available to secondary students who wish to pursue degrees in science1 technology1 engineering1 and mathematics4 7b7 ,applications ,any student desiring to receive a scholarship under this part shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require4 7c7 ,duration of scholarships2 renewal ,scholarships shall be awarded for only one academic year of study at a time1 and shall be renewable on an annual basis for the established length of the recipient's academic program1 not to exceed #f academic years4 ,the ,secretary shall condition the renewal of scholarships on measures of academic progress and achievement4 #bfc4 ,qualified service requirement 7a7 ,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 #e academic years of qualified service during a #g-year period1 to begin no later than #ab months following the completion of a bachelor's degree in science1 technology1 engineering1 or mathematics4 7b7 ,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 science1 technology1 engineering1 and mathematics1 with teacher certification1 subsequently perform #e academic years of qualified service during a #g-year period1 or repay the portion of the scholarship received for which the recipient did not perform the required qualified service1 as determined by the ,secretary4 ,the ,secretary shall use any such repayments to carry out additional activities under this part4 7c7 ,definition ,for the purpose of this section1 the term qualified service means full-time employment at a public or private kindergarten1 elementary school1 or secondary school as a teacher of a course in a science1 technology1 engineering1 or mathematics field4 #bfd4 ,awards 7a7 ,scholarship award ,the ,secretary shall provide each recipient with a scholarship in the amount of up to #bj1jjj to pay for the cost of attendance of the student for each academic year the student is eligible to receive the scholarship4 ,the ,secretary shall transfer such funds to the institution of higher education at which the recipient is enrolled4 7b7 ,bonus award 7#a7 ,option for bonus award ,any student who receives a scholarship under this part may elect to enter into a bonus agreement with the ,secretary1 in accordance with this subsection1 for any academic year during which the student receives a scholarship under this part4 7#b7 ,bonus agreement ,a bonus agreement under paragraph 7#a7 shall provide that-- 7,a7 the student shall perform one academic year of the qualified service agreed to under section #bfc7;a7 in a high-need local educational agency1 as defined in section #bjj2 and 7,b7 the ,secretary shall provide #aj1jjj1 in addition to the amount the student receives under subsection 7a71 for each academic year in which the student enters into such bonus agreement4 7#c7 ,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 agency1 as defined in section #bjj1 for a period of time equivalent to the period for which the recipient receives the bonus1 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 agency1 as determined by the ,secretary4 ,the ,secretary shall use any such repayments to carry out additional activities under this subsection4 7c7 ,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 section4 #bfe4 ,regulations ,the ,secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this part4 4 7c7 ,institutional grants for integrated degree programs ,title ,,ii of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajba et seq47 is further amended by inserting after part ,c1 as added by subsection 7b7 of this section1 the following new part3 ,d ,integrated ,degree ,programs #bga4 ,program authorized 7a7 ,in general ,the ,secretary is authorized to award grants to institutions of higher education1 on a competitive basis1 in order to pay for the ,federal share of the cost of projects to establish1 strengthen1 and operate #d-year undergraduate degree programs through which students may concurrently-- 7#a7 earn a bachelor's degree in science1 technology1 engineering1 or mathematics2 and 7#b7 be certified to teach kindergarten1 elementary1 or secondary school4 7b7 ,grant amount2 award period ,the ,secretary may award grants to no more than #ej institutions of higher education each fiscal year1 and a grant to an institution for a fiscal year shall not exceed #a1jjj1jjj4 ,grants shall be awarded for only one fiscal year at a time1 and shall be renewable on an annual basis for up to #e years4 #bgb4 ,selection of grant recipients 7a7 ,criteria ,the ,secretary shall set criteria to evaluate the applications for grants under this part and the projects proposed to establish1 strengthen1 and operate #d-year integrated undergraduate degree programs4 7b7 ,equitable distribution of grants ,to the extent practicable and consistent with the criteria under subsection 7a71 the ,secretary shall make grants under this part in such manner as to achieve an equitable distribution of the grant funds throughout the ,united ,states1 considering geographic distribution1 rural and urban areas1 and range and type of institutions4 #bgc4 ,application requirements ,in order to receive a grant under this part1 an institution of higher education shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require4 ,such application shall include the following3 7#a7 ,a description of the proposed project4 7#b7 ,a demonstration of-- 7,a7 the commitment1 including the financial commitment1 of the institution for the proposed project2 and 7,b7 the active support of the leadership of the institution for the proposed project4 7#c7 ,a description of how the proposed project will be continued after ,federal funds are no longer awarded under this part for the project4 7#d7 ,a plan for the evaluation of the project1 which shall include benchmarks to monitor progress toward specific project objectives4 #bgd4 ,matching requirement ,each institution of higher education receiving a grant under this part shall provide1 from non-,federal sources1 an amount equal to the amount of the grant 7in cash or in-kind7 to carry out the project supported by the grant4 #bge4 ,authorization of appropriations ,there are authorized to be appropriated to carry out this part #ej1jjj1jjj for each of the fiscal years #bjba through #bjbf4 4 #aabjg4 ,recidivism reduction working group 7a7 ,establishment ,there is established a working group1 which shall consist of representatives of the heads of the ,department of ,justice1 the ,department of ,labor1 the ,department of ,housing and ,urban ,development1 and the ,department of ,education4 ,the working group shall identify and analyze practices to reduce recidivism4 ,the ,attorney ,general shall chair the group1 which shall meet once each month for the first #c months after the date of its establishment1 and once every #c months thereafter4 7b7 ,report ,not later than #a year after the date of the enactment of this ,act1 and #e years thereafter1 the working group established under subsection 7a7 shall submit to ,congress and to the ,president a report which describes the recommendations of the working group for reducing recidivism4 7c7 ,authorization of appropriations ,there is authorized to be appropriated #a1jjj1jjj to the working group for each of fiscal years through #bjbe to carry out this subsection4 #aabjh4 ,commendable release program 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,attorney ,general1 in consultation with the heads of the appropriate agencies1 shall establish a program under which an individual who was convicted of a ,federal offense which is classified as a felony1 and who has successfully completed his or her sentence1 may apply to receive benefits under the programs described in subsection 7b74 ,any individual who has been convicted of a felony for which the maximum sentence is ten or more years of imprisonment1 any crime of violence 7as such term is defined in section #af of title #ah1 ,united ,states ,code71 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 another4 7b7 ,programs described ,the programs described in this subsection are the following3 7#a7 ,tanf ,assistance under a ,state program funded under part ,a of title ,,iv of the ,social ,security ,act4 7#b7 ,snap ,the supplemental nutrition assistance program under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq474 7#c7 ,housing ,any program of the ,department of ,housing and ,urban ,development or the ,department of ,agriculture providing housing or assistance for housing1 including any program for dwelling units1 rental assistance1 grants1 loans1 subsidies1 mortgage insurance1 guarantees1 or other financial assistance4 #aabji4 ,increase in work opportunity tax credit for hiring qualified ex-felons 7a7 ,in general ,section #ea7;b77#c7 of the ,internal ,revenue ,code of is amended by inserting or any individual who is a qualified exfelon after subsection 7d77#c77;,a77ii77,i74 7b7 ,effective date ,the amendment made by subsection 7a7 shall apply to individuals who begin work for the employer after the date of the enactment of this ,act1 in taxable years ending after such date4 #aabaj4 ,entrepreneurship apprenticeships ,the ,act of ,august #af1 #aicg 7commonly known as the ,national ,apprenticeship ,act2 #ej ,stat4 #ffd1 chapter #ffc2 #bi ,u4,s4,c4 #ej et seq471 is amended by adding the end the following3 #e4 ,authorization of appropriations ,there are authorized to be appropriated #ij1jjj for each of fiscal years #bjba1 #bjbb1 #bjbc1 and #bjbd4 4 #aabaa4 ,expansion of eligible programs ,the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja et seq47 is amended-- 7#a7 in section #dha7;b71 by adding at the end the following3 7#e7 7,a7 ,for purposes of parts ,d and ,e1 the term eligible program includes a program of not less than #bej clock hours of instruction1 offered during a minimum of #e weeks of instruction that leads an industry-recognized credential4 7,b7 ,in this paragraph1 the term industry-recognized credential means an industry-recognized credential that-- 7i7 is demonstrated to be of high quality by the institution offering the program in the program participation agreement under section #dhg2 7ii7 meets the current1 as of the date of the determination1 or projected needs of a local or regional workforce for recruitment1 screening1 hiring1 retention1 or advancement purposes-- 7,i7 as determined by the ,state in which the program is located1 in consultation with business entities2 or 7,,ii7 as demonstrated by the institution offering the program leading to the credential2 and 7iii7 is1 where applicable1 endorsed by a nationally recognized trade association or organization representing a significant part of the industry or sector4 2 and 7#b7 in section #dhg7;a71 by adding at the end the following3 7#cj7 ,in the case of an institution that offers a program of not less than #bej clock hours of instruction1 offered during a minimum of #e weeks of instruction that leads an industry- recognized credential1 as provided under section #dha7;b77#e71 the institution will demonstrate to the ,secretary that the industry-recognized credential is of high quality4 4 ,l ,environmental ,health ,workforce #aacja4 ,short title ,this subtitle may be cited as the ,environmental ,health ,workforce ,act of #bjbj4 #aacjb4 ,findings ,the ,congress finds as follows3 7#a7 ,the environmental health workforce is vital to protecting the health and safety of the public4 7#b7 ,for years1 ,state and local governmental public health agencies have reported substantial workforce losses and other challenges to the environmental health workforce4 7#c7 ,according to the ,association of ,state and ,territorial ,health ,officials 7,,astho7 and the ,national ,association of ,county and ,city ,health ,officials 7,,naccho71 more than #ej1fjj ,state and local environmental health workforce jobs have been lost since #bjjh4 ,this represents approximately #bb percent of the total ,state and local environmental health workforce4 7#d7 ,in the coming years1 the retiring ,baby ,boomer ,generation will lead to a further decrease in the environmental health workforce4 7#e7 ,currently1 only #bh ,states require a credential for environmental health workers that is an impartial1 third-party endorsement of an individual's professional knowledge and experience4 7#f7 ,educating and training existing and new environmental health professionals should be a national public health goal4 #aacjc4 ,model standards and guidelines for credentialing environmental health workers 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services1 in coordination with appropriate national professional organizations1 ,federal1 ,state1 local1 and tribal governmental agencies1 and private-sector and nongovernmental entities1 shall develop model standards and guidelines for credentialing environmental health workers4 7b7 ,provision of standards and technical assistance ,the ,secretary of ,health and ,human ,services shall provide to ,state1 local1 and tribal governments-- 7#a7 the model standards and guidelines developed under subsection 7a72 and 7#b7 technical assistance in credentialing environmental health workers4 #aacjd4 ,environmental ,health ,workforce ,development ,plan 7a7 ,in general ,to ensure that programs and activities 7including education1 training1 and payment programs7 of the ,department of ,health and ,human ,services for developing the environmental health workforce meet national needs1 the ,secretary of ,health and ,human ,services shall develop a comprehensive and coordinated plan for such programs and activities that-- 7#a7 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 workforce2 7#b7 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 ,administration2 7#c7 identifies actions needed to address such identified gaps2 and 7#d7 identifies any additional statutory authority that is needed by the ,department to implement such identified actions4 7b7 ,submission to ,congress ,not later than #b years after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services shall submit to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate1 and to the ,committees on ,energy and ,commerce and ,education and ,labor of the ,house of ,representatives1 the plan developed under subsection 7a74 #aacje4 ,environmental health workforce development report 7a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall examine and identify best practices in #f ,states 7as described in subsection 7b77 related to training and credentialing requirements for environmental health workers and submit to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report that includes information concerning-- 7#a7 types of environmental health workers employed at ,state1 local1 and city health departments and independent environmental health agencies2 7#b7 educational backgrounds of environmental health workers2 7#c7 whether environmental health workers are credentialed or registered1 and what type of credential or registration each worker has received2 7#d7 ,state requirements for continuing education for environmental health workers2 7#e7 whether ,state1 local1 and city health departments and independent environmental health agencies track continuing education units for their environmental health workers2 and 7#f7 how frequently any exam required to qualify environmental health workers is updated and reviewed to ensure that the exam is consistent with current law4 7b7 ,selection of ,states ,the report described in subsection 7a7 shall be based upon the examination of such best practices with respect to #c ,states that have credentialing requirements for environmental health workers 7such as ,maryland1 ,ohio1 and ,washington7 and #c ,states that do not have such requirements 7such as ,indiana1 ,michigan1 and ,pennsylvania74 #aacjf4 ,public service loan forgiveness ,section #dee7m7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;e7m77 is amended in paragraph 7#c77;,b7-- 7#a7 in clause 7i71 by striking or at the end2 7#b7 in clause 7ii71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7iii7 a full-time job as an environmental health worker 7as defined in section #aacjg of the ,environmental ,health ,workforce ,act of #bjbj7 who is accredited1 certified1 or licensed in accordance with applicable law4 4 #aacjg4 ,definition ,in this subtitle1 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 develop1 promote1 and enforce guidelines1 policies1 and interventions to control such hazards4 ,m #bast ,century ,,stem for ,girls and ,underrepresented ,minorities #aadja4 ,short title ,this subtitle may be cited as the #bast ,century ,,stem for ,girls and ,underrepresented ,minorities ,act4 #aadjb4 ,grants to prepare girls and underrepresented minorities ,title ,,iv of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gaja et seq47 is amended by adding at the end the following3 ,g ,preparing girls and underrepresented minorities for the #bast century #dgja4 ,program authority 7a7 ,in ,general ,beginning not later than #ij days after the date of the enactment of this part1 the ,secretary shall carry out a program under which the ,secretary makes grants to qualified local educational agencies1 on a competitive basis1 to pay the costs of carrying out ,,stem education activities for girls and underrepresented minorities as described in subsection 7c74 7b7 ,application 7#a7 ,in general ,to be eligible to receive a grant under this part1 a qualified local educational agency shall submit to the ,secretary an application at such time1 in such form1 and containing such information as the ,secretary may reasonably require4 ,at minimum1 the application shall include a description of the following3 7,a7 ,the educational program that will be carried out by the local educational agency using the grant1 including the content of the program and the research and models used to design the program4 7,b7 ,how elementary and secondary schools served by the agency will collaborate to fulfill goals of the program4 7,c7 ,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 #ab4 7,d7 ,the process that will be used for the recruitment and selection of students for participation in the program4 7,e7 ,the instructional and motivational activities that will be included as part of the program4 7,f7 ,any expected collaboration among local1 regional1 or national institutions and organizations for the purpose of fulfilling the goals of the program4 7#b7 ,priority ,in selecting among applications1 the ,secretary shall give priority to qualified local educational agencies that partner or coordinate1 to the extent practicable1 with local1 regional1 or national institutions and organizations that have extensive experience and expertise in-- 7,a7 increasing the participation of girls or underrepresented minorities in ,,stem fields2 or 7,b7 conducting research on methods to increase such participation4 7c7 ,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 agency4 ,the program may include the following activities3 7#a7 ,preparing girls and underrepresented minorities for careers in ,,stem fields and the advantages of pursuing careers in such fields4 7#b7 ,educating the parents of girls and underrepresented minorities about the opportunities and advantages of ,,stem careers4 7#c7 ,enlisting the help of the parents of girls and underrepresented minorities-- 7,a7 to overcome the obstacles faced by such groups2 and 7,b7 to encourage their child's continued interest and involvement in ,,stem subjects4 7#d7 ,providing tutoring and mentoring programs in ,,stem subjects4 7#e7 ,establishing partnerships and other opportunities that expose girls and underrepresented minorities to role models in the ,,stem fields4 7#f7 ,enabling female and underrepresented minority students and their teachers to attend events and academic programs in ,,stem subjects4 7#g7 ,providing after school activities designed to encourage interest and develop the skills of girls and underrepresented minorities in ,,stem subjects4 7#h7 ,summer programs designed to help girls and underrepresented minorities-- 7,a7 develop an interest in ,,stem subjects2 7,b7 develop skills in such subjects2 and 7,c7 understand the relevance and significance of such subjects4 7#i7 ,purchasing-- 7,a7 educational instructional materials or software designed to help girls and underrepresented minorities develop an interest in ,,stem subjects2 or 7,b7 equipment1 instrumentation1 or hardware for teaching ,,stem subjects to girls and underrepresented minorities and encouraging their interest in such subjects4 7#aj7 ,field trips to locations1 including institutions of higher education1 to expose girls and underrepresented minorities to ,,stem activities1 encourage their interest in such activities1 and acquaint them with careers in ,,stem fields4 7#aa7 ,providing academic advice and assistance in high school course selection to encourage girls and underrepresented minorities to take advanced courses in ,,stem subjects4 7#ab7 ,paying up to #ej percent of the cost of an internship in a ,,stem discipline for female and underrepresented minority students4 7#ac7 ,providing professional development for teachers and other school personnel1 including with respect to-- 7,a7 eliminating gender and racial bias in the classroom2 7,b7 sensitivity to gender and racial differences2 7,c7 engaging students in the face of gender-based and racial peer pressure and parental expectations2 7,d7 creating and maintaining a positive environment2 and 7,e7 encouraging girls and underrepresented minorities through academic advice and assistance to pursue advanced classes and careers in ,,stem fields4 7#ad7 ,such other ,,stem-related activities as the local educational agency determines to be appropriate4 7d7 ,grant duration and amount 7#a7 ,duration ,each grant under this section shall be made for a period of #d years4 7#b7 ,amount ,the amount of each grant under this section shall be #bej1jjj for each year of the grant period4 7e7 ,supplement1 not supplant ,a qualified local educational agency that receives a grant under this section shall use the grant only to supplement1 and not to supplant1 other assistance and funds made available from non-,federal sources for the activities supported by the grant4 7f7 ,annual evaluations 7#a7 ,evaluation required ,not later than #cj days after last day of each school year for which a qualified local educational agency receives a grant under this section1 the agency shall submit to the ,secretary a written evaluation of the program carried out using the grant4 7#b7 ,elements ,the evaluation required under subsection 7a7 shall include-- 7,a7 a description of the program and activities carried out using the grant2 7,b7 a description of the curriculum and any partnerships developed using the grant2 7,c7 the percentage of time that students who participated in the program spent directly engaged in ,,stem activities2 7,d7 an assessment of the academic progress made by such students during the program1 which shall be based on an evaluation of each student at the beginning of the program and after the student completes the program2 and 7,e7 such other information as the ,secretary may require4 7g7 ,definitions ,in this section3 7#a7 ,the term ,,stem means science1 technology1 engineering1 and mathematics4 7#b7 ,the term qualified local educational agency means a local agency that-- 7,a7 receives funds under part ,a of title ,i of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcaa et seq472 and 7,b7 serves a total student population of which not less than #dj percent are children who are eligible for a free or reduced price lunch under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq474 #dgjb4 ,authorization of appropriations ,there are authorized to be appropriated to carry out this part #aj1jjj1jjj for each of fiscal years #bjbb through #bjbe4 4 ,n ,women's ,equality ,workforce ,oversight #aaeja4 ,short title ,this subtitle may be cited as the ,women's ,equality ,workforce ,oversight ,act or the ,,we ,work ,act4 #aaejb4 ,,gao study 7a7 ,study required ,not later than #f months after the date of enactment of this ,act1 and every year thereafter1 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 workforce1 and evaluate the impact of these agencies4 7b7 ,suggested agencies ,such agencies shall include1 at a minimum-- 7#a7 the ,department of ,labor1 specifically the ,women's ,bureau at such ,department2 7#b7 the ,department of ,transportation2 7#c7 the ,small ,business ,administration1 including the ,office of ,women's ,business ,ownership2 and 7#d7 any apprenticeship program that receives funding from a ,federal agency4 #aaejc4 ,contents of study 7a7 ,in general ,the study required by section #aaejb shall review and evaluate the following factors1 for those agencies that the ,comptroller ,general has identified as having the greatest impact on women's participation in the workforce1 including the following3 7#a7 ,policies and procedures ,the study shall examine-- 7,a7 each agency's policies and procedures related to improving women's participation in the workforce1 including efforts related to fair compensation1 benefits1 such as paid leave and workplace supports for pregnancy and families1 participation in non-traditional and higher-paying jobs1 enforcement of workplace rights1 and prevention of sexual and other harassment2 7,b7 each agency's compliance with its statutory and regulatory requirements on these matters2 7,c7 any policy changes in the agency within the study period1 and the reasoning for such changes2 and 7,d7 any procedural changes to the agency's reporting and participation within the agency4 7#b7 ,impact ,the study shall also examine-- 7,a7 the number of women who received technical assistance1 grants1 loans1 contracts1 and other services from the agency in each fiscal year1 and the number of such individuals who received these services in the prior five fiscal years2 7,b7 the number of organizations who received such outreach1 services1 and other engagement with the agency2 7,c7 the extent of the agency's outreach and public education efforts for women1 including the publication of reports and statistics1 public announcement of enforcement actions1 and regional outreach engaging local stakeholders2 7#c7 ,appropriations and staff ,the study shall consider-- 7,a7 any reductions to appropriations and obligations for each agency and the actual and projected impact of these reductions2 and 7,b7 any staff reductions in each agency1 including attrition1 vacancies1 and positions eliminated and the impact of these changes4 7b7 ,analysis ,the study shall also include an analysis of the specific barriers to women's participation in the workforce1 including an assessment of further opportunities to reduce those barriers4 #aaejd4 ,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 ,health1 ,education1 ,labor and ,pensions of the ,senate4 ,o ,jobs ,now #aafja4 ,short title ,this subtitle may be cited as the ,jobs ,now ,act of #bjbj4 #b4 ,grants to units of general local government ,subtitle ,d of title ,i of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbba et seq47 is amended by adding after section #agb the following3 #agc4 ,pilot program 7a7 ,program authorized ,notwithstanding section #aha7;e71 from the amounts appropriated under subsection 7h71 the ,secretary shall carry out a #b-year pilot program to award grants1 on a competitive basis1 to units of general local government or community-based organizations to retain1 employ1 or train employees providing a public service for a unit of general local government4 7b7 ,unit of general local government defined ,for purposes of this section1 the term unit of general local government means any general purpose political subdivision of a ,state1 or the ,united ,states ,virgin ,islands1 ,guam1 ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 the freely associated states of the ,republic of the ,marshall ,islands1 the ,federated ,states of ,micronesia1 or the ,republic of ,palau1 that has the power to levy taxes and spend funds1 as well as general corporate and police powers4 7c7 ,uses of funds 7#a7 ,required uses 7,a7 ,in general ,subject to subparagraph 7,b71 a unit of general local government or community-based organization shall use not less than #ej percent of the grant funds received under this section to-- 7i7 in the case of a unit1 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 cuts2 and 7ii7 in the case of an organization1 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 cuts4 7,b7 ,exception ,in a case in which #ej 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 7,a71 the unit or organization may use only the amount needed to retain such employees for such purpose4 7#b7 ,authorized uses ,after using grant funds received under this section in accordance with paragraph 7#a71 a unit of general local government or community-based organization may use any remaining grant funds provided under this section to-- 7,a7 in the case of a unit of general local government-- 7i7 employ individuals in new positions providing a public service for the unit2 or 7ii7 train individuals for new public service positions for the unit2 and 7,b7 in the case of a community-based organization-- 7i7 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 sector2 or 7ii7 train individuals for any such positions4 7d7 ,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 retain1 employ1 or train-- 7#a7 veterans2 7#b7 individuals with disabilities2 7#c7 individuals who are receiving unemployment benefits2 or 7#d7 dislocated workers4 7e7 ,priority for certain units and organizations 7#a7 ,units ,in awarding grants to units of general local government under this section1 the ,secretary shall give priority to units of general local government with high unemployment1 foreclosure1 and poverty rates as compared to other units of general local government applying to receive a grant under this section4 7#b7 ,organizations ,in awarding grants to units of general local government under this section1 the ,secretary shall give priority to community-based organizations located in units of general local government with high unemployment1 foreclosure1 and poverty rates as compared to other units of general local government applying to receive a grant under this section4 7f7 ,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 time1 in such manner1 and containing such information as the ,secretary may require4 7g7 ,report ,not later than #b years after the first appropriation of funds under subsection 7h71 the ,secretary shall submit to ,congress1 a report on-- 7#a7 the number and percentage of individuals hired or trained1 and the number and percentage of employees of units retained1 as a result of a grant under this section2 and 7#b7 best practices in carrying out a grant program to hire1 train1 or retain employees of units of general local government4 7h7 ,authorization of appropriations ,there are authorized to be appropriated #a1jjj1jjj1jjj to carry out this section for fiscal years #bjbb and #bjbc4 4 ,p ,back to ,basics ,job ,creation #aagja4 ,short title ,this subtitle may be cited as the ,back to ,basics ,job ,creation ,act of #bjbj4 #aagjb4 ,back to ,basics ,job ,creation grant program ,subtitle ,a of title ,,xx of the ,social ,security ,act 7#db ,u4,s4,c4 #acig et seq47 is amended by adding at the end the following3 #bjaj4 ,back to ,basics ,job ,creation grant program 7a7 ,grants 7#a7 ,in general ,the ,secretary1 in consultation with the ,secretary of ,labor and the ,secretary of ,commerce1 shall make grants to eligible entities to assist low-income individuals and individuals who have been unemployed for at least #c months in developing self-employment opportunities4 7#b7 ,timing of grant awards ,not later than #ij days after the date of the enactment of this section1 the ,secretary shall obligate not less than half of any funds appropriated for grants under this section4 7#c7 ,preference ,in awarding grants under this section1 the ,secretary shall give preference to eligible entities-- 7,a7 that serve communities that have experienced high levels of poverty and unemployment and low levels of reemployment1 as determined by the ,secretary using data reported by the ,census ,bureau and the ,bureau of ,labor ,statistics2 7,b7 that demonstrate an ability to administer activities using the grant funds without acquiring new administrative structures or resources1 such as staffing1 technology1 evaluation activities1 training1 research1 and programming2 and 7,c7 that have established partnerships with other government agencies1 community based organizations1 financial institutions1 educational institutions1 or business organizations4 7b7 ,use of funds 7#a7 ,in general ,an eligible entity awarded a grant under this section shall use the grant-- 7,a7 to provide education and training for business and financial literacy1 certification1 small business plan development1 entrepreneurship1 and patent and copyright processes2 and 7,b7 to provide funding for new small businesses that pay employees at a living wage4 7#b7 ,limitations ,an eligible entity awarded a grant under this section may not use the grant-- 7,a7 to subsidize private or public employment2 or 7,b7 for any activity in violation of ,federal1 ,state1 or local law4 7#c7 ,administrative expenses ,an eligible entity awarded a grant under this section may use not more than #aj percent of the grant funds for administrative expenses1 except that none of the funds may be used for salaries4 7#d7 ,deadline on use of grant funds ,an eligible entity awarded a grant under this section shall expend the grant funds before ,december #ca1 #bjbb1 except that the ,secretary may provide an extension4 7c7 ,no effect on means-,tested benefits ,for purposes of determining eligibility and benefit amounts under any means-tested assistance program1 any assistance funded by a grant under this section shall be disregarded4 7d7 ,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 request4 7e7 ,authorization of appropriations ,there are authorized to be appropriated for grants under this section #e1jjj1jjj1jjj for fiscal year #bjba4 ,the amounts appropriated under this section are authorized to remain available through ,december #ca1 #bjbb4 7f7 ,definitions ,for purposes of this section-- 7#a7 the term eligible entity means a ,state1 an ,indian tribe1 or a local government2 7#b7 the term ,indian tribe has the meaning given such term by section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b72 and 7#c7 the term means-tested assistance program means a benefit program for which eligibility is based on income4 4 ,q ,veterans ,armed for ,success #aahja4 ,short title ,this subtitle may be cited as the ,veterans ,armed for ,success ,act4 #aahjb4 ,grants for provision of transition assistance to members of the ,armed ,forces recently separated from active duty service 7a7 ,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 retired1 separated1 or discharged from the ,armed ,forces and spouses of such members4 7b7 ,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 7a7 resume assistance1 interview training1 job recruitment training1 and related services leading directly to successful transition1 as determined by the ,secretary4 7c7 ,eligible organizations ,to be eligible for a grant under this section1 an organization shall submit to the ,secretary an application containing such information and assurances as the ,secretary1 in consultation with the ,secretary of ,labor1 may require4 7d7 ,priority for hubs of service ,in making grants under this section1 the ,secretary shall give priority to an organization that provides multiple forms of services described in subsection 7b74 7e7 ,amount of grant ,a grant under this section shall be in an amount that does not exceed #ej percent of the amount required by the organization to provide the services described in subsection 7b74 7f7 ,deadline for implementation ,the ,secretary shall begin carrying out this section not later than six months after the date of the enactment of this ,act4 7g7 ,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 section4 7h7 ,authorization of appropriations ,there is authorized to be appropriated #aj1jjj1jjj to carry out this section4 ,r ,leveraging and ,energizing ,america's ,apprenticeship ,programs #aaija4 ,short title ,this subtitle may be cited as the ,leveraging and ,energizing ,america's ,apprenticeship ,programs ,act or the ,,leap ,act4 #aaijb4 ,credit for employees participating in qualified apprenticeship programs 7a7 ,in general ,subpart ,d of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new section3 #de,t4 ,employees participating in qualified apprenticeship programs 7a7 ,in general ,for purposes of section #ch1 the apprenticeship credit determined under this section for the taxable year is an amount equal to the sum of the applicable credit amounts 7as determined under subsection 7b77 for each of the apprenticeship employees of the employer that exceeds the applicable apprenticeship level 7as determined under subsection 7e77 during such taxable year4 7b7 ,applicable credit amount ,for purposes of subsection 7a71 the applicable credit amount for each apprenticeship employee for each taxable year is equal to-- 7#a7 in the case of an apprenticeship employee who has not attained #be years of age at the close of the taxable year1 #a1ejj1 or 7#b7 in the case of an apprenticeship employee who has attained #be years of age at the close of the taxable year1 #a1jjj4 7c7 ,limitation on number of years which credit may be taken into account ,the apprenticeship credit shall not be allowed for more than #b taxable years with respect to any apprenticeship employee4 7d7 ,apprenticeship employee ,for purposes of this section-- 7#a7 ,in general ,the term apprenticeship employee means any employee who is-- 7,a7 a party to an apprenticeship agreement registered with-- 7i7 the ,office of ,apprenticeship of the ,employment and ,training ,administration of the ,department of ,labor1 or 7ii7 a recognized ,state apprenticeship agency1 and 7,b7 employed by the employer in the occupation identified in the apprenticeship agreement described in subparagraph 7,a71 whether or not the employer is a party to such agreement4 7#b7 ,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 that1 for the two-year period ending on the date of the apprenticeship begins1 has a completion rate of at least #ej percent4 7e7 ,applicable apprenticeship level 7#a7 ,in general ,for purposes of this section1 the applicable apprenticeship level shall be equal to-- 7,a7 in the case of any apprenticeship employees described in subsection 7b77#a71 the amount equal to #hj percent of the average number of such apprenticeship employees of the employer for the #c taxable years preceding the taxable year for which the credit is being determined1 rounded to the next lower whole number1 and 7,b7 in the case of any apprenticeship employees described in subsection 7b77#b71 the amount equal to #hj percent of the average number of such apprenticeship employees of the employer for the #c taxable years preceding the taxable year for which the credit is being determined1 rounded to the next lower whole number4 7#b7 ,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 #c taxable years preceding the taxable year for which the credit is being determined1 the applicable apprenticeship level shall be equal to zero4 7f7 ,coordination with other credits ,the amount of credit otherwise allowable under sections #de;,a1 #ea7;a71 and #acif7;a7 with respect to any employee shall be reduced by the credit allowed by this section with respect to such employee4 7g7 ,certain rules ,to apply ,rules similar to the rules of subsections 7i77#a7 and 7k7 of section #ea shall apply for purposes of this section4 4 7b7 ,credit made part of general business credit ,subsection 7b7 of section #ch of such ,code is amended by striking plus at the end of paragraph 7#ca71 by striking the period at the end of paragraph 7#cb7 and inserting 1 plus1 and by adding at the end the following new paragraph3 7#cc7 the apprenticeship credit determined under section #de,t7a74 4 7c7 ,denial of double benefit ,subsection 7a7 of section #bhj;,c of such ,code is amended by inserting #de,t7a71 after #de,s7a714 7d7 ,clerical amendment ,the table of sections for subpart ,d of part ,,iv of subchapter ,a of chapter #a of such ,code is amended by adding at the end the following new item3 ,sec4 #de,t4 ,employees participating in qualified apprenticeship programs4 4 7e7 ,effective date ,the amendments made by this section shall apply to individuals commencing apprenticeship programs after the date of the enactment of this ,act4 ,s ,opening ,doors for ,youth #abaja4 ,short title ,this subtitle may be cited as the ,opening ,doors for ,youth ,act of #bjbj4 #abajb4 ,findings ,congress finds the following3 7#a7 ,the time between the early teens and mid-twenties represents a critical developmental period in which individuals can gain the education and training1 entry-level work experiences1 work-readiness skills1 and social networks needed to smoothly transition into the labor market and build towards future professional success4 7#b7 ,yet1 nearly #e million young people ages #af to #bd are out of school and unemployed1 leaving them disconnected from the systems and institutions critical for developing the building blocks of independence and self-sufficiency4 7#c7 ,communities of color experience the highest rates of youth disconnection3 #be4d percent of ,native ,american youth1 #ah4i percent of ,black youth1 and #ad4c percent of ,latino youth between the ages of #af and #bd were disconnected from school and work in #bjae4 7#d7 ,disconnected youth are also three times more likely than other youth to have a disability1 twice as likely to live below the ,federal poverty threshold1 and significantly more likely to live in racially segregated neighborhoods4 ,disconnected young women and girls are three times more likely to have a child1 and young people involved in the juvenile justice system or aging out of the foster care system are at high risk of disconnection4 7#e7 ,disconnection from school and work can have significant consequences for youth1 including decreased earning power and fewer future employment opportunities4 ,according to the #bjab report1 ,the ,economic ,value of ,opportunity ,youth1 disconnected youth will1 on average1 earn #cib1jgj less than the average worker over their lifetimes4 7#f7 ,failure to successfully connect young people to employment and educational opportunities also results in a significant loss in productivity for the overall economy1 as well as increases in government spending4 ,according to a recent report from ,measure of ,america1 in #bjac1 youth disconnection resulted in #bf4h billion in public expenditures1 including spending on health care1 public assistance1 and incarceration4 7#g7 ,disconnected young people1 commonly referred to as opportunity youth because of their tremendous potential1 can add great social and economic value to our communities and the economy1 if given the appropriate supports and resources4 ,according to the ,opportunity ,index1 an annual measurement of opportunity in a geographic region1 the number of opportunity youth1 along with educational attainment and poverty rates1 are strongly linked to overall opportunity in communities4 ,when young adults do well1 communities do well4 7#h7 ,despite their talent and motivation1 many opportunity youth lack access to the training1 education1 and entry-level jobs that can help them gain the work experience and credentials needed to successfully transition into the labor market4 7#i7 ,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 employers4 ,labor market shifts have also limited opportunities for young people without a high school diploma or with limited postsecondary credentials4 7#aj7 ,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 disconnection1 such as involvement in the criminal and juvenile justice systems4 7#aa7 ,evidence suggests that summer youth employment programs may help in-school youth remain connected to the education system4 ,a #bjad study of the ,new ,york ,city ,summer ,youth ,employment ,program found that after program participation1 youth older than #af increased their school attendance by four or five additional days compared to their previous fall semester attendance4 ,this attendance increase represented #be percent of the total days students were permitted to miss school and still continue on to the next grade4 7#ab7 ,evidence shows that participation in summer youth employment programs also reduces the rate of violent crimes arrests4 ,for example1 a #bjad study of ,chicago's ,one ,summer ,plus program shows that the program reduced violent crime arrests among at-risk youth by approximately #dc percent1 with crime reduction benefits lasting over a year after the program had ended4 ,this reduction can have significant impact for young people1 given the impact of a criminal record on future employment prospects and wages4 7#ac7 ,despite its benefits1 summer youth employment has declined by more than #dj percent during the past #ab years1 at a loss of more than #c million summer jobs for young ,americans4 ,a ,j4,p4 ,morgan ,chase study of #ad major ,u4,s4 cities found that summer youth employment programs were only able to provide opportunities for #df percent of applicants in #bjad4 7#ad7 ,according to research by ,measure of ,america1 the overwhelming number of youth disconnected from school and work come from disconnected communities marked by high adult unemployment1 poverty1 and racial segregation1 as well as low levels of adult education attainment4 ,these communities often lack the resources and supports needed to prevent and reverse youth disconnection4 7#ae7 ,many at-risk or opportunity youth1 finding that traditional pathways to educational attainment or employment are ill-matched to their individual needs1 struggle to remain connected or reconnect to school and work4 7#af7 ,for some youth1 individual barriers--such as unstable housing1 lack access to affordable child care or transportation1 or involvement in the juvenile or criminal justice system--make it difficult to take advantage of existing employment and education pathways4 7#ag7 ,according the #bjaf report1 ,supportive ,services in ,job ,training and ,education3 ,a ,research ,review1 studies suggest that education and training programs that offer supportive services1 such as child care1 transportation1 and financial assistance1 are associated with improved outcomes4 7#ah7 ,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 training1 re-engagement1 and supportive services needed to help these young people succeed4 7#ai7 ,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 people4 #abajc4 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary of ,labor-- 7#a7 #a1ejj1jjj1jjj to carry out section #abaje2 7#b7 #b1jjj1jjj1jjj to carry out section #abajf2 and 7#c7 #b1jjj1jjj1jjj to provide competitive grants in accordance with section #abajg4 #abajd4 ,reservation of funds for administrative and other purposes 7a7 ,reservation of funds ,the ,secretary of ,labor shall reserve-- 7#a7 not more than #e percent of amounts available under each of paragraphs 7#a7 through 7#c7 of section #abajc for the costs of innovation and learning activities under section #abaaj2 7#b7 not more than #e percent of amounts available under each of paragraphs 7#a7 through 7#c7 of section #abajc for the costs of ,federal administration of this subtitle2 and 7#c7 not more than #b percent of amounts available under each of paragraphs 7#a7 through 7#c7 of section #abajc for the costs of evaluations conducted under section #abaaa4 7b7 ,period of availability ,the amounts appropriated under this subtitle shall be available for obligation by the ,secretary of ,labor until the date that is #d years after the date of enactment of this ,act4 #abaje4 ,summer employment opportunities for at-risk youth 7a7 ,in general ,of the amounts available under section #abajc7a7 that are not reserved under section #abajd1 the ,secretary of ,labor shall1 for the purpose of carrying out summer employment programs under this section-- 7#a7 make an allotment in accordance with section #abg7;b77#a77;,c77ii7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cafb7;b77#a77;,c77ii77 to each ,state that meets the requirements of section #ajb or #ajc of such ,act 7#bi ,u4,s4,c4 #caab1 #caac72 7#b7 reserve not more than one-quarter of #a percent of such amounts to provide assistance to the outlying areas2 and 7#c7 reserve not more than #aa_/b percent of such amount to1 on a competitive basis1 make grants to1 or enter into contracts or cooperative agreements with1 ,indian tribes1 tribal organizations1 ,alaska ,native entities1 ,indian-controlled organizations serving ,indians1 or ,native ,hawaiian organizations to carry out the activities described in subsection 7d77#b74 7b7 ,within ,state allocations 7#a7 ,in general ,the ,governor of a ,state1 in accordance with the ,state plan developed under section #ajb or #ajc of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caab1 #caac71 shall allocate the amounts that are allotted to the ,state under subsection 7a77#a7 to eligible local areas in accordance with section #abh7;b77#b77;,a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cafc7;b77#b77;,a77 for the purpose of developing and expanding summer employment programs under this section4 7#b7 ,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 #abi of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cafc74 7#c7 ,reallocation among local areas ,the ,governor may1 after consultation with the ,state board1 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 #abh7;c77#b7-7d7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cafc7;c77#b7-7d774 7#d7 ,local reservation ,of the amounts allocated to a local area under paragraph 7#a71 not more than #g percent of such amounts may be used for the administrative costs1 including costs for participating in regional and national opportunities for in-person peer learning under section #abaaj4 7c7 ,local plans 7#a7 ,in general ,the local board of the local area shall develop and submit1 in partnership with the chief elected official1 a #d-year plan4 ,the plan shall be consistent with the local plan submitted by the local board under section #ajh of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cabc71 as determined by the ,governor4 7#b7 ,submission ,the plan shall be submitted to the ,governor at such time and in such manner as the ,governor may reasonably require4 ,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 #abajf in lieu of submitting two plans4 7#c7 ,contents ,at a minimum1 each plan shall include-- 7,a7 a description of how the local area will use program funds1 in accordance with subsection 7d71 to develop or expand summer youth employment programs for each program year2 7,b7 a description of how the local area will recruit eligible youth into the program2 7,c7 the number of individuals expected to participate in the summer employment program each program year2 7,d7 a description of the services1 including supportive services1 that the summer employment program is expected to provide2 7,e7 reasonable goals for performance accountability measures outlined in subsection 7i72 7,f7 an assurance that the summer employment program will be aligned with the youth services provided under the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caja et seq472 7,g7 an assurance that the local area will adhere to the labor standards outlined in section #abajh2 and 7,h7 any other information as the ,governor may reasonably require4 7d7 ,local use of funds 7#a7 ,youth participant eligibility ,to be eligible to participate in activities carried out under this section during any program year1 an individual shall1 at the time the eligibility determination is made1 be either an out-of-school youth or an in-school youth4 7#b7 ,local activities 7,a7 ,development ,activities ,a local area that has1 at the beginning of the program year1 no summer youth employment programs or programs that do not have all program elements described in paragraph 7#c77;,b7 shall use unreserved allotted funds to-- 7i7 plan1 develop1 and carry out activities described in paragraph 7#c77;,b72 7ii7 at the local area's discretion1 develop technology infrastructure1 including data and management systems1 to support program activities2 7iii7 conduct outreach to youth participants and employers2 and 7iv7 at the local area's discretion1 use not more than #be percent of allocated program funds to subsidize not more than #ge percent of the wages of each youth participant4 7,b7 ,expansion ,activities ,a local area that has1 at the beginning of the program year1 a summer youth employment program that has all program elements described in paragraph 7#c77;,b7 shall use unreserved allotted funds to-- 7i7 increase the number of summer employment opportunities1 including unsubsidized or partly subsidized opportunities and opportunities in the private sector2 7ii7 conduct outreach to youth participants and employers2 7iii7 use allocated program funds to subsidize not more than #ej percent of the wages of each youth participant2 and 7iv7 at the local area's discretion1 enhance activities described in paragraph 7#c77;,b74 7#c7 ,local elements 7,a7 ,program ,design ,programs funded under this section shall match each youth participant with an appropriate employer1 based on factors including the needs of the employer and the age1 skill1 and informed aspirations of the youth participant1 for a high-quality summer employment opportunity1 which may not-- 7i7 be less than #d weeks2 and 7ii7 pay less than the highest of the ,federal1 ,state1 or local minimum wage4 7,b7 ,program elements ,program elements include-- 7i7 work-readiness training and educational programs to enhance the summer employment opportunity2 7ii7 coaching and mentoring services for youth participants to enhance the summer employment opportunity and encourage program completion2 7iii7 coaching and mentoring services for employers on how to successfully employ each youth participant in meaningful work2 7iv7 career and college planning services2 7v7 high-quality financial literacy education1 including education on the use of credit and financing higher education1 and access to safe and affordable banking accounts with consumer protections2 7vi7 supportive services1 or connection to existing supportive services1 to enable participation in the program2 7vii7 integration of services provided by the program with existing year-round employment programs1 youth development programs1 secondary school programs1 youth services provided under the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caja et seq471 and skills training programs funded by the ,state or ,federal ,government2 7viii7 referral of at least #cj percent of participants from or to providers of youth1 adult1 vocational rehabilitation services1 and adult education and literacy services under the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caja et seq47 or skills training programs funded by the ,state or ,federal ,government2 7ix7 rigorous evaluation of programs using research approaches appropriate to programs in different levels of development and maturity1 including random assignment or quasi-experimental impact evaluations1 implementation evaluations1 pre-experimental studies1 and feasibility studies2 and 7x7 commitment and support from mayors or county executives4 7,c7 ,priority ,priority shall be given to summer employment opportunities-- 7i7 in existing or emerging in-demand industry sectors or occupations2 or 7ii7 that meet community needs in the public1 private1 or nonprofit sector4 7#d7 ,in-school youth priority ,for any program year1 not less than #ge percent of the unreserved funds allotted to local area under this section shall be used to provide summer employment opportunities for in-school youth4 7e7 ,reports 7#a7 ,in general ,for each year that a local area receives funds under this section1 the local area shall submit to the ,secretary of ,labor and the ,governor a report with-- 7,a7 the number of youth participants in the program1 including the number of in-school and out-of-school youth2 7,b7 the number of youth participants who completed the summer employment opportunity2 7,c7 the expenditures made from the amounts allocated under this section1 including expenditures made to provide youth participants with supportive services2 7,d7 a description of how the local area has used program funds to develop or expand summer youth employment programs1 including a description of program activities and services provided1 including supportive services provided and the number of youth participants accessing such services2 7,e7 the source and amount of funding for the wages of each youth participant2 7,f7 information specifying the levels of performance achieved with respect to the primary indicators of performance described in subsection 7i7 for the program2 7,g7 the average number of hours and weeks worked and the average amount of wages earned by youth participants in the program2 7,h7 the percent of youth participants placed in employment opportunities in the nonprofit1 public1 and private sectors2 and 7,i7 any other information that the ,secretary of ,labor determines necessary to monitor the effectiveness of the program4 7#b7 ,disaggregation ,the information required to be reported pursuant to subparagraphs 7,a71 7,b71 and 7,g7 of paragraph 7#a7 shall be disaggregated by race1 ethnicity1 sex1 age1 and subpopulations described in section #abi7;a77#a77;,b77iii77,i7-7,,vi7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cafd7;a77#a77;,b77iii77,i7-7,,vi774 7f7 ,performance accountability ,primary indicators of performance shall be the performance metrics described in sections #aaf7;b77#b77;,a77i77,v7 and #aaf7;b77#b77;,a77ii77,i7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cada7;b77#b77;,a77i77,v71 #cada7;b77#b77;,a77ii77,i77 and a work-readiness indicator established by the ,secretary of ,labor4 7g7 ,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 year1 the ,governor1 or1 upon request by the ,governor1 the ,secretary of ,labor1 shall provide technical assistance1 which may include assistance in the development of a performance improvement plan4 #abajf4 ,year-round employment for opportunity youth 7a7 ,in general ,of the amounts available under section #abajc7a7 that are not reserved under section #abajd1 the ,secretary of ,labor shall1 for the purpose of carrying out year-round employment programs under this section-- 7#a7 make an allotment in accordance with section #abg7;b77#a77;,c77ii7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cafb7;b77#a77;,c77ii77 to each ,state that meets the requirements of section #ajb or #ajc of such ,act 7#bi ,u4,s4,c4 #caab1 #caac72 and 7#b7 reserve not more than one-quarter of #a percent of such amounts to provide assistance to the outlying areas4 7b7 ,within state allocations 7#a7 ,in general ,the ,governor of a ,state1 in accordance with the ,state plan developed under section #ajb or #ajc of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caab1 #caac71 shall allocate the amounts that are allotted to the ,state under subsection 7a77#a7 to eligible local areas in accordance with section #abh7;b77#b77;,a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cafc7;b77#b77;,a77 for the purpose of developing and expanding year-round employment programs under this section4 7#b7 ,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 #abi of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cafc74 7#c7 ,reallocation among local areas ,the ,governor may1 after consultation with the ,state board1 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 #abh7;c77#b7-7d7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cafc7;c77#b7-7d774 7#d7 ,local reservation ,of the amounts allocated to a local area under paragraph 7#a71 not more than #g percent of such amounts may be used for the administrative costs1 including costs for participating regional and national opportunities for in-person peer learning under section #abaaj4 7c7 ,local plans 7#a7 ,in general ,the local board of the local area shall develop and submit1 in partnership with the chief elected official1 a #d-year plan4 ,the plan shall be consistent with the local plan submitted by the local board under section #ajh of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cabc71 as determined by the ,governor4 7#b7 ,submission ,the plan shall be submitted to the ,governor at such time and in such manner as the ,governor may reasonably require4 ,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 #abaje in lieu of submitting two plans4 7#c7 ,contents ,at a minimum1 each plan shall include-- 7,a7 a description of how the local area will use program funds1 in accordance with subsection 7d71 to develop or expand year-round youth employment programs for each program year2 7,b7 a description of how the local area will recruit eligible youth into the program2 7,c7 the number of individuals expected to participate in the year-round employment program each program year2 7,d7 a description of the services1 including supportive services1 that the year-round employment program is expected to provide2 7,e7 reasonable goals for performance accountability measures outlined in subsection 7i72 7,f7 an assurance that the year-round employment program will be aligned with the youth services provided under the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caja et seq472 7,g7 an assurance that the local area will adhere to the labor standards outlined in section #abajh2 and 7,h7 any other information as the ,governor may reasonably require4 7d7 ,local use of funds 7#a7 ,youth participant eligibility ,to be eligible to participate in activities carried out under this section during any program year1 an individual shall1 at the time the eligibility determination is made be an out-of-school youth and unemployed individual4 7#b7 ,local activities 7,a7 ,development ,activities ,a local area that has1 at the beginning of the program year1 no year-round youth employment programs or programs that do not have all program elements described in paragraph 7#c77;,b7 shall use unreserved allotted funds to-- 7i7 plan1 develop1 and carry out activities described in paragraph 7#c77;,b72 7ii7 at the local area's discretion1 develop technology infrastructure1 including data and management systems1 to support program activities2 7iii7 conduct outreach to youth participants and employers2 and 7iv7 at the local area's discretion1 use not more than #cj percent of allocated program funds to subsidize the wages of each youth participant4 7,b7 ,expansion ,activities ,a local area that has at the beginning of the program year1 a year-round youth employment program that has all program elements described in paragraph 7#c77;,b7 shall use unreserved allotted funds to-- 7i7 increase the number of year-round employment opportunities1 including unsubsidized or partly subsidized opportunities and opportunities in the private sector2 7ii7 conduct outreach to youth participants and employers2 7iii7 use allocated program funds to subsidize wages of each youth participant2 and 7iv7 at the local area's discretion1 enhance activities described in paragraph 7#c77;,b74 7#c7 ,local elements 7,a7 ,program ,design 7i7 ,in general ,programs funded under this section shall match each youth participant with an appropriate employer1 based on factors including the needs of the employer and the age1 skill1 and informed aspirations of the youth participant1 for high-quality year-round employment1 which may not-- 7,i7 be less than #ahj days and more than #a year2 7,,ii7 pay less than the highest of the ,federal1 ,state1 or local minimum wage2 and 7,,iii7 employ the youth participant for less than #bj hours per week4 7ii7 ,employer share of wages ,programs funded under this section shall require not less than #be percent of the wages of each youth participant to be paid by the employer1 except this requirement may be waived for not more than #aj percent of youth participants with significant barriers to employment4 7,b7 ,program elements ,program elements include-- 7i7 work-readiness training and educational programs to enhance year-round employment2 7ii7 coaching and mentoring services for youth participants to enhance the year-round employment opportunity and encourage program completion2 7iii7 coaching and mentoring services for employers on how to successfully employ each youth participant in meaningful work2 7iv7 career and college planning services2 7v7 high-quality financial literacy education1 including education on the use of credit and financing higher education1 and access to safe and affordable banking accounts with consumer protections2 7vi7 supportive services1 or connection to existing supportive services1 to enable participation in the program2 7vii7 integration of services provided by the program with existing youth development programs1 secondary school programs1 youth services provided under the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caja et seq471 and skills training programs funded by the ,state or ,federal ,government2 7viii7 referral of at least #cj percent of participants from or to providers of youth1 adult1 vocational rehabilitation services1 and adult education and literacy services under the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caja et seq471 or skills training programs funded by the ,state or ,federal ,government2 7ix7 rigorous evaluation of programs using research approaches appropriate to programs in different levels of development and maturity1 including random assignment or quasi-experimental impact evaluations1 implementation evaluations1 pre-experimental studies1 and feasibility studies2 and 7x7 commitment and support from mayors or county executives4 7,c7 ,priority ,priority shall be given to year-round employment opportunities-- 7i7 in existing or emerging in-demand industry sectors or occupations2 or 7ii7 that meet community needs in the public1 private1 or nonprofit sector4 7e7 ,reports 7#a7 ,in general ,for each year that a local area receives funds under this section1 the local area shall submit to the ,secretary of ,labor and the ,governor a report with-- 7,a7 the number of youth participants in the program2 7,b7 the number of youth participants who completed the year-round employment opportunity2 7,c7 the expenditures made from the amounts allocated under this section1 including expenditures made to provide youth participants with supportive services2 7,d7 a description of how the local area has used program funds to develop or expand year-round youth employment programs1 including a description of program activities and services provided1 including supportive services provided and the number of youth participants accessing such services2 7,e7 the source and amount of funding for the wages of each youth participant2 7,f7 information specifying the levels of performance achieved with respect to the primary indicators of performance described in subsection 7f7 for the program2 7,g7 the average number of hours and weeks worked and the average amount of wages earned by youth participants in the program2 7,h7 the percent of youth participants placed in employment opportunities in the nonprofit1 public1 and private sectors2 7,i7 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 #ij days2 and 7,j7 any other information that the ,secretary of ,labor determines necessary to monitor the effectiveness of the program4 7#b7 ,disaggregation ,the information required to be reported pursuant to subparagraphs 7,a71 7,b71 and 7,g7 of paragraph 7#a7 shall be disaggregated by race1 ethnicity1 sex1 age1 and subpopulations described in section #abi7;a77#a77;,b77iii77,i7-7,,vi7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cafd7;a77#a77;,b77iii77,i7-7,,vi774 7f7 ,performance accountability ,primary indicators of performance shall be the performance metrics described in sections #aaf7;b77#b77;,a77i77,,iii71 #aaf7;b77#b77;,a77i77,v71 and #aaf7;b77#b77;,a77ii77,i7-7,,ii7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cada7;b77#b77;,a77i77,,iii71 #cada7;b77#b77;,a77i77,v71 #cada7;b77#b77;,a77ii77,i7-7,,ii77 and a work-readiness indicator established by the ,secretary of ,labor4 7g7 ,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 year1 the ,governor1 or upon request by the ,governor1 the ,secretary of ,labor1 shall provide technical assistance1 which may include assistance in the development of a performance improvement plan4 #abajg4 ,connecting-for-opportunities competitive grant program 7a7 ,in general ,of the amounts available under section #abajc7c7 that are not reserved under section #abajd1 the ,secretary of ,labor shall1 in consultation with the ,secretary of ,education1 award grants on a competitive basis to assist local community partnerships in improving high school graduation and youth employment rates4 7b7 ,local community partnerships 7#a7 ,mandatory partners ,a local community partnership shall include at a minimum-- 7,a7 one unit of general local government2 7,b7 one local educational agency2 7,c7 one institution of higher education2 7,d7 one local workforce development board2 7,e7 one community-based organization with experience or expertise in working with youth2 7,f7 one public agency serving youth under the jurisdiction of the juvenile justice system or criminal justice system2 7,g7 a ,state or local child welfare agency2 and 7,h7 an agency administering programs under part ,a of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fja et seq474 7#b7 ,optional partners ,a local community partnership may also include within the partnership-- 7,a7 ,american ,job ,centers2 7,b7 employers or employer associations2 7,c7 representatives of labor organizations2 7,d7 programs that receive funding under the ,juvenile ,justice and ,delinquency ,prevention ,act 7#db ,u4,s4,c4 #efja et seq472 7,e7 public agencies or community-based organizations with expertise in providing counseling services1 including trauma-informed and gender-responsive counseling2 7,f7 public housing agencies1 collaborative applicants1 as defined by the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacja et seq471 or private nonprofit organizations that serve homeless youth and households or foster youth2 and 7,g7 other appropriate ,state and local agencies4 7c7 ,application ,a local community partnership desiring a grant under this section shall submit to the ,secretary of ,labor an application at such time1 in such manner1 and containing such information as the ,secretary may reasonably require4 ,at a minimum1 each application shall include a comprehensive plan that-- 7#a7 demonstrates sufficient need for the grant in the local population 7indicators 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 population72 7#b7 demonstrates the capacity of each local community partnership to carry out the activities described in subsection 7d72 7#c7 is consistent with the local plan submitted by the local board under section #ajh of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cabc71 the local plan for career and technical education programs authorized under the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcja et seq47 7if not part of the ,workforce ,innovation and ,opportunity ,act local plan7 and the ,state plan for programs under part ,a of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fja et seq472 and 7#d7 includes an assurance that the local community partnership will adhere to the labor standards outlined in section #abajh4 7d7 ,use of funds ,a local community partnership receiving a grant under this section shall use the grant funds-- 7#a7 to target individuals not younger than age #ad or older than age #bd2 7#b7 to make appropriate use of existing education1 child welfare1 social services1 and workforce development data collection systems to facilitate the local community partnership's ability to target the individuals described in paragraph 7#a72 7#c7 to develop wide-ranging paths to higher education and employment1 including-- 7,a7 using not less than #ej percent of the grant funds to help individuals described in paragraph 7#a7 complete their secondary school education through various alternative means1 including through high-quality1 flexible programs that utilize evidence-based interventions and provide differentiated services 7or pathways7 to students returning to education after exiting secondary school without a regular high school diploma or who1 based on their grade or age1 are significantly off track to accumulate sufficient academic credits to meet high school graduation requirements1 as established by the ,state2 7,b7 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 programs2 7,c7 providing career navigators to provide individuals described in paragraph 7#a7 with pre-employment and employment counseling and to assist such individuals in-- 7i7 finding and securing employment or work-based learning opportunities that pay not less than the highest of the ,federal1 ,state1 or local minimum wage2 7ii7 identifying and assessing eligibility for training programs and funding for such programs2 7iii7 completing necessary paperwork2 and 7iv7 identifying additional services1 if needed2 7,d7 connecting individuals described in paragraph 7#a7 with providers of youth services1 adult services1 vocational rehabilitation services1 and adult education and literacy services1 under the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caja et seq471 career planning services1 and federally and ,state funded programs that provide skills training2 and 7,e7 ensuring that such individuals successfully transition into pre-apprenticeship programs1 registered apprenticeship programs1 or programs leading to recognized postsecondary credentials in in-demand industry sectors or occupations2 7#d7 to provide a comprehensive system aimed at preventing the individuals described in paragraph 7#a7 from disconnecting from education1 training1 and employment and aimed at re-engaging any such individual who has been disconnected by-- 7,a7 providing school-based dropout prevention and community-based dropout recovery services1 including establishing or improving school district early warning systems that-- 7i7 connect such systems to existing data gathering and reporting systems established under the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caja et seq47 for the purpose of identifying the individuals described in paragraph 7#a72 and 7ii7 engage any such identified individual using targeted1 evidence-based interventions to address the specific needs and issues of the individual1 including chronic absenteeism2 and 7,b7 providing the individuals described in paragraph 7#a7 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 7#bi ,u4,s4,c4 #caja et seq47 to conduct intake and refer such individuals and their families to the appropriate re-engagement service2 and 7#e7 to provide a comprehensive system of support for the individuals described in paragraph 7#a71 including-- 7,a7 connecting such individuals with professionals who can-- 7i7 provide case management and counseling services2 and 7ii7 assist such individuals in-- 7,i7 developing achievable short-term goals and long-term goals2 and 7,,ii7 overcoming any social1 administrative1 or financial barrier that may hinder the achievement of such goals2 and 7,b7 providing or connecting participants with available supportive services4 7e7 ,priority in awards ,in awarding grants under this section1 the ,secretary of ,labor shall give priority to applications submitted by local community partnerships that include a comprehensive plan that-- 7#a7 serves and targets communities with a high percentage or high numbers of low-income individuals and high rates of high school dropouts and youth unemployment2 and 7#b7 allows the individuals described in paragraph 7#a7 to earn academic credit through various means1 including high-quality career and technical education1 dual enrollment programs1 or work-based learning4 7f7 ,geographic distribution ,the ,secretary shall ensure that consideration is given to geographic distribution 7such as urban and rural areas7 in the awarding of grants under section4 7g7 ,performance accountability ,for activities funded under this section1 the primary indicators of performance shall include-- 7#a7 the performance metrics described in sections #aaf7;b77#b77;,a77i77,,iii7-7,v7 and #aaf7;b77#b77;,a77ii77,i7-7,,ii7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cada7;b77#b77;,a77i77,,iii7-7,v71 #cada 7b77#b77;,a77ii77,i7-7,,ii772 7#b7 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 rate1 as defined in section #haja7be7 of the ,elementary and ,secondary ,education ,act of #aife1 as amended2 and 7#c7 the rate of attaining a recognized equivalent of a diploma1 such as a general equivalency diploma4 7h7 ,reports ,for each year that a local community partnership administers a program under this section1 the local community partnership shall submit to the ,secretary of ,labor and1 if applicable1 the ,state a report on-- 7#a7 the number of youth participants in the program1 including the number of in-school and out-of-school youth1 disaggregated by race1 ethnicity1 sex1 age1 and subpopulations described in section #abi7;a77#a77;,b77iii77,i7-7,,vii7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cafd7;a77#a77;,b77iii77,i7-7,,vii772 7#b7 the expenditures made from the amounts allocated under this section1 including any expenditures made to provide youth participants with supportive services2 7#c7 a description of program activities and services provided1 including supportive services provided and the number of youth participants accessing such services2 7#d7 information specifying the levels of performance achieved with respect to the primary indicators of performance described in subsection 7f7 for the program1 disaggregated by race1 ethnicity1 sex1 age1 and subpopulations described in section #abi7;a77#a77;,b77iii77,i7-7,,vii7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cafd7;a77#a77;,b77iii77,i7-7,,vii772 and 7#e7 any other information that the ,secretary of ,labor determines necessary to monitor the effectiveness of the program4 #abajh4 ,labor standards ,activities funded under this subtitle shall be subject to the requirements and restrictions1 including the labor standards1 described in section #aha of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bica7 and the nondiscrimination provisions of section #ahh of such ,act 7#bi ,u4,s4,c4 #bich71 in addition to other applicable ,federal laws4 #abaji4 ,privacy ,nothing in this subtitle-- 7#a7 shall be construed to supersede the privacy protections afforded parents and students under section #ddd of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb;g72 or 7#b7 shall be construed to permit the development of a national database of personally identifiable information on individuals receiving services under this subtitle4 #abaaj4 ,innovation and learning ,using funds reserved under section #abajd1 the ,secretary shall-- 7#a7 provide technical assistance to ensure providers have sufficient organizational capacity1 staff training1 and expertise to effectively implement programs1 described under this subtitle2 7#b7 create regional and national opportunities for in-person peer learning2 and 7#c7 provide on a competitive basis sub-grants to ,states and local areas to conduct pilots and demonstrations using emerging and evidence-based best practices1 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 feasible4 #abaaa4 ,evaluation and reports 7a7 ,evaluation ,not earlier than #a year or later than #b years after the end of the award grant period1 the ,secretary of ,labor shall conduct an evaluation of the programs administered under this subtitle4 7b7 ,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 ,health1 ,education1 ,labor1 and ,pensions of the ,senate not later than #e years after the end of the award grant period1 a final report on the results of the evaluation conducted under subsection 7a74 #abaab4 ,definitions ,in this subtitle3 7#a7 ,,esea terms ,the terms extended-year adjusted cohort graduation rate1 evidence-based1 four-year adjusted cohort graduation rate1 local educational agency1 and secondary school have the meanings given such terms in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#b7 ,institution of higher education ,the term institution of higher education has the meaning given such term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 7#c7 ,registered apprenticeship program ,the term registered apprenticeship program has the meaning given such term in section #aga7;b7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbbf7;b774 7#d7 ,other wioa terms ,the terms administrative costs1 career and technical education1 career pathway1 career planning1 community-based organization1 ,governor1 in-demand industry sector or occupation1 in-school youth1 local area1 local board1 low-income individual1 one-stop center1 on-the-job training1 outlying area1 out-of-school youth1 school dropout1 ,state1 supportive services1 unemployed individual1 and unit of general local government have the meanings given such terms in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 ,t ,raise the ,wage #abbja4 ,short title ,this subtitle may be cited as the ,raise the ,wage ,act4 #abbjb4 ,minimum wage increases 7a7 ,in general ,section #f7;a77#a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf7;a77#a77 is amended to read as follows3 7#a7 except as otherwise provided in this section1 not less than-- 7,a7 #h4dj an hour1 beginning on the effective date under section #g of the ,raise the ,wage ,act2 7,b7 #i4ej an hour1 beginning #a year after such effective date2 7,c7 #aj4fj an hour1 beginning #b years after such effective date2 7,d7 #aa4gj an hour1 beginning #c years after such effective date2 7,e7 #ab4hj an hour1 beginning #d years after such effective date2 7,f7 #ac4ij an hour1 beginning #e years after such effective date2 7,g7 #ae4jj an hour1 beginning #f years after such effective date2 and 7,h7 beginning on the date that is #g years after such effective date1 and annually thereafter1 the amount determined by the ,secretary under subsection 7h72 4 7b7 ,determination based on increase in the median hourly wage of all employees ,section #f of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf7 is amended by adding at the end the following3 7h7 7#a7 ,not later than each date that is #ij days before a new minimum wage determined under subsection 7a77#a77;,h7 is to take effect1 the ,secretary shall determine the minimum wage to be in effect under this subsection for each period described in subsection 7a77#a77;,h74 ,the wage determined under this subsection for a year shall be-- 7,a7 not less than the amount in effect under subsection 7a77#a7 on the date of such determination2 7,b7 increased from such amount by the annual percentage increase1 if any1 in the median hourly wage of all employees as determined by the ,bureau of ,labor ,statistics2 and 7,c7 rounded up to the nearest multiple of #j4je4 7#b7 ,in calculating the annual percentage increase in the median hourly wage of all employees for purposes of paragraph 7#a77;,b71 the ,secretary1 through the ,bureau of ,labor ,statistics1 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 year4 4 #abbjc4 ,tipped employees 7a7 ,base minimum wage for tipped employees and tips retained by employees ,section #c7m77#b77;,a77i7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7m77#b77;,a77i77 is amended to read as follows3 7i7 the cash wage paid such employee1 which for purposes of such determination shall be not less than-- 7,i7 for the #a-year period beginning on the effective date under section #abbjg of the ,raise the ,wage ,act1 #c4fj an hour2 7,,ii7 for each succeeding #a-year period until the hourly wage under this clause equals the wage in effect under section #f7;a77#a7 for such period1 an hourly wage equal to the amount determined under this clause for the preceding year1 increased by the lesser of-- 7aa7 #a4ej2 or 7bb7 the amount necessary for the wage in effect under this clause to equal the wage in effect under section #f7;a77#a7 for such period1 rounded up to the nearest multiple of #j4je2 and 7,,iii7 for each succeeding #a-year period after the increase made pursuant to subclause 7,,ii71 the minimum wage in effect under section #f7;a77#a72 and 4 7b7 ,tips retained by employees ,section #c7m77#b77;,a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7m77#b77;,a77 is amended-- 7#a7 in the second sentence of the matter following clause 7ii71 by striking of this subsection1 and all tips received by such employee have been retained by the employee and inserting of this subsection4 ,any employee shall have the right to retain any tips received by such employee2 and 7#b7 by adding at the end the following3 ,an employer shall inform each employee of the right and exception provided under the preceding sentence44 7c7 ,scheduled repeal of separate minimum wage for tipped employees 7#a7 ,tipped employees ,section #c7m77#b77;,a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7m77#b77;,a771 as amended by subsections 7a7 and 7b71 is further amended by striking the sentence beginning with ,in determining the wage an employer is required to pay a tipped employee1 and all that follows through of this subsection4 and inserting ,the wage required to be paid to a tipped employee shall be the wage set forth in section #f7;a77#a744 7#b7 ,publication of notice ,subsection 7i7 of section #f of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf71 as amended by section #abbje1 is further amended by striking or in accordance with subclause 7,,ii7 or 7,,iii7 of section #c7m77#b77;,a77i74 7#c7 ,effective date ,the amendments made by paragraphs 7#a7 and 7#b7 shall take effect on the date that is #a day after the date on which the hourly wage under subclause 7,,iii7 of section #c7m77#b77;,a77i7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7m77#b77;,a77i771 as amended by subsection 7a71 takes effect4 #abbjd4 ,newly hired employees who are less than #bj years old 7a7 ,base minimum wage for newly hired employees who are less than #bj years old ,section #f7;g77#a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf7;g77#a77 is amended by striking a wage which is not less than #d4be an hour4 and inserting the following3 a wage at a rate that is not less than-- 7,a7 for the #a-year period beginning on the effective date under section #abbjg of the ,raise the ,wage ,act1 #e4ej an hour2 7,b7 for each succeeding #a-year period until the hourly wage under this paragraph equals the wage in effect under section #f7;a77#a7 for such period1 an hourly wage equal to the amount determined under this paragraph for the preceding year1 increased by the lesser of-- 7i7 #a4be2 or 7ii7 the amount necessary for the wage in effect under this paragraph to equal the wage in effect under section #f7;a77#a7 for such period1 rounded up to the nearest multiple of #j4je2 and 7,c7 for each succeeding #a-year period after the increase made pursuant to subparagraph 7,b77ii71 the minimum wage in effect under section #f7;a77#a74 4 7b7 ,scheduled repeal of separate minimum wage for newly hired employees who are less than #bj years old 7#a7 ,in general ,section #f7;g7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf7;g771 as amended by subsection 7a71 shall be repealed4 7#b7 ,publication of notice ,subsection 7i7 of section #f of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf71 as amended by section #abbjc7;c77#b71 is further amended by striking or subparagraph 7,b7 or 7,c7 of subsection 7g77#a714 7#c7 ,effective date ,the repeal and amendment made by paragraphs 7#a7 and 7#b71 respectively1 shall take effect on the date that is #a day after the date on which the hourly wage under subparagraph 7,c7 of section #f7;g77#a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf7;g77#a771 as amended by subsection 7a71 takes effect4 #abbje4 ,publication of notice ,section #f of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf71 as amended by the preceding sections1 is further amended by adding at the end the following3 7i7 ,not later than #fj days prior to the effective date of any increase in the required wage determined under subsection 7a77#a7 or subparagraph 7,b7 or 7,c7 of subsection 7g77#a71 or in accordance with subclause 7,,ii7 or 7,,iii7 of section #c7m77#b77;,a77i7 or section #ad7;c77#a77;,a71 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 wage4 4 #abbjf4 ,promoting economic self-sufficiency for individuals with disabilities 7a7 ,wages 7#a7 ,transition to fair wages for individuals with disabilities ,subparagraph 7,a7 of section #ad7;c77#a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bad7;c77#a77 is amended to read as follows3 7,a7 at a rate that equals1 or exceeds1 for each year1 the greater of-- 7i7 7,i7 #d4be an hour1 beginning #a year after the date the wage rate specified in section #f7;a77#a77;,a7 takes effect2 7,,ii7 #f4dj an hour1 beginning #b years after such date2 7,,iii7 #h4ee an hour1 beginning #c years after such date2 7,,iv7 #aj4gj an hour1 beginning #d years after such date2 7,v7 #ab4he an hour1 beginning #e years after such date2 and 7,,vi7 the wage rate in effect under section #f7;a77#a71 on the date that is #f years after the date the wage specified in section #f7;a77#a77;,a7 takes effect2 or 7ii7 if applicable1 the wage rate in effect on the day before the date of enactment of the ,raise the ,wage ,act for the employment1 under a special certificate issued under this paragraph1 of the individual for whom the wage rate is being determined under this subparagraph1 4 7#b7 ,prohibition on new special certificates2 sunset ,section #ad7;c7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bad7;c77 7as amended by paragraph 7#a77 is further amended by adding at the end the following3 7#f7 ,prohibition on new special certificates ,notwithstanding paragraph 7#a71 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 ,act4 7#g7 ,sunset ,beginning on the day after the date on which the wage rate described in paragraph 7#a77;,a77i77,,vi7 takes effect1 the authority to issue special certificates under paragraph 7#a7 shall expire1 and no special certificates issued under paragraph 7#a7 shall have any legal effect4 7#h7 ,transition assistance ,upon request1 the ,secretary shall provide-- 7,a7 technical assistance and information to employers issued a special certificate under this subsection for the purposes of-- 7i7 transitioning the practices of such employers to comply with this subsection1 as amended by the ,raise the ,wage ,act2 and 7ii7 ensuring continuing employment opportunities for individuals with disabilities receiving a special minimum wage rate under this subsection2 and 7,b7 information to individuals employed at a special minimum wage rate under this subsection1 which may include referrals to ,federal or ,state entities with expertise in competitive integrated employment4 4 7#c7 ,effective date ,the amendments made by this subsection shall take effect on the date of enactment of this ,act4 7b7 ,publication of notice 7#a7 ,amendment ,subsection 7i7 of section #f of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf71 as amended by section #abbjd7;b77#b71 is further amended by striking or section #ad7;c77#a77;,a714 7#b7 ,effective date ,the amendment made by paragraph 7#a7 shall take effect on the day after the date on which the wage rate described in paragraph 7#a77;,a77i77,,vi7 of section #ad7;c7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bad7;c771 as amended by subsection 7a77#a71 takes effect4 #abbjg4 ,general effective date ,except as otherwise provided in this subtitle or the amendments made by this subtitle1 this subtitle and the amendments made by this subtitle shall take effect-- 7#a7 subject to paragraph 7#b71 on the first day of the third month that begins after the date of enactment of this ,act2 and 7#b7 with respect to the ,commonwealth of the ,northern ,mariana ,islands1 on the date that is #ah months after the effective date described in paragraph 7#a74 #abbjh4 ,,gao report on the ,commonwealth of the ,northern ,mariana ,islands ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general shall submit to the ,education and ,labor ,committee of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate a report that1 with respect to the ,commonwealth of the ,northern ,mariana ,islands-- 7#a7 assesses the status and structure of the economy 7including employment1 earnings and wages1 and key industries72 and 7#b7 for each year in which a wage increase will take effect under subsection 7a77#a7 or 7g77#a7 of section #f1 section #c7m77#b77;,a77i71 or section #ad7;c77#a77;,a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq471 as amended by this subtitle1 estimates the proportion of employees who will be directly affected by each such wage increase taking effect for such year1 disaggregated by industry and occupation4 #abbji4 ,,gao ,report on ,wage ,increase ,impact 7a7 ,in general ,not later than #ij days before the date of the third wage increase to first take effect after the date of enactment of this ,act1 the ,comptroller ,general1 in consultation with the persons described in subsection 7b71 shall prepare and submit to ,congress a report1 that-- 7#a7 identifies and analyzes the effects1 in the aggregate1 of the first wage increases and second wage increases after such date of enactment on business enterprises 7including small business enterprises7 including the effects1 with respect to such enterprises1 on-- 7,a7 the wages and compensation of employees2 7,b7 the number of employees1 disaggregated by full-time and part-time employees2 7,c7 the prices1 sales1 and revenues2 7,d7 employee turnover and retention2 7,e7 hiring and training costs2 and 7,f7 productivity and absenteeism2 7#b7 to the extent practicable1 identifies such effects in isolation from other factors that may affect business enterprises 7including small business enterprises71 including-- 7,a7 broader economic conditions2 7,b7 changes in ,federal1 ,state1 and local law1 policy1 and regulation2 7,c7 industry consolidation2 7,d7 natural disasters2 and 7,e7 significant demographic changes2 7#c7 to the extent practicable1 identifies and analyzes such effects for the ,nation as a whole1 and1 separately1 for-- 7,a7 each census division1 as designated by the ,bureau of the ,census2 7,b7 each metropolitan statistical area and nonmetropolitan portion 7as such terms are defined by the ,office of ,management and ,budget with respect to #bjac72 and 7,c7 each urbanized area1 urbanized cluster1 and rural area1 as designated by the ,bureau of the ,census2 and 7#d7 describes the methodology used to generate the information in the report4 7b7 ,expert consultation ,the persons described in this subsection are-- 7#a7 labor economists with expertise in minimum wage and low wage labor markets2 7#b7 workers 7including agricultural workers71 and the labor organizations and worker groups representing such workers2 7#c7 representatives of businesses1 including small businesses1 agricultural employers1 and businesses in the accommodation and food services sector2 7#d7 ,state and local governments2 and 7#e7 the ,board of ,governors of the ,federal ,reserve ,system4 7c7 ,congressional assessment and recommendations ,not later than #fj days after the date on which ,congress receives the report under subsection 7a71 ,congress shall-- 7#a7 assess the findings of such report2 and 7#b7 make recommendations with respect to actions of ,congress to address the findings of such report1 including actions to delay the next scheduled wage increases4 7d7 ,wage increase defined ,the term wage increase means an increase in wages that takes effect under subsection 7a77#a7 or 7g77#a7 of section #f1 section #c7m77#b77;,a77i71 or section #ad7;c77#a77;,a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq471 as amended by this subtitle4 ,u ,pay ,equity for ,all #abcja4 ,short title ,this subtitle may be cited as the ,pay ,equity for ,all ,act of #bjbj4 #abcjb4 ,prohibitions relating to prospective employees' salary and benefit history 7a7 ,in general ,the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq47 is amended by inserting after section #g the following new section3 #h4 ,requirements and prohibitions relating to wage1 salary1 and benefit history 7a7 ,in general ,it shall be an unlawful practice for an employer to-- 7#a7 rely on the wage history of a prospective employee in considering the prospective employee for employment1 including requiring that a prospective employee's prior wages satisfy minimum or maximum criteria as a condition of being considered for employment2 7#b7 rely on the wage history of a prospective employee in determining the wages for such prospective employee1 except that an employer may rely on wage history if it is voluntarily provided by a prospective employee1 after the employer makes an offer of employment with an offer of compensation to the prospective employee1 to support a wage higher than the wage offered by the employer2 7#c7 seek from a prospective employee or any current or former employer the wage history of the prospective employee1 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 employer2 or 7#d7 discharge or in any other manner retaliate against any employee or prospective employee because the employee or prospective employee-- 7,a7 opposed any act or practice made unlawful by this section2 or 7,b7 took an action for which discrimination is forbidden under section #ae7;a77#c74 7b7 ,definition ,in this section1 the term wage history means the wages paid to the prospective employee by the prospective employee's current employer or previous employer4 4 7b7 ,penalties ,section #af of such ,act 7#bi ,u4,s4,c4 #baf7 is amended by adding at the end the following new subsection3 7f7 7#a7 ,any person who violates the provisions of section #h shall-- 7,a7 be subject to a civil penalty of #e1jjj for a first offense1 increased by an additional #a1jjj for each subsequent offense1 not to exceed #aj1jjj2 and 7,b7 be liable to each employee or prospective employee who was the subject of the violation for special damages not to exceed #aj1jjj plus attorneys' fees1 and shall be subject to such injunctive relief as may be appropriate4 7#b7 ,an action to recover the liability described in paragraph 7#a77;,b7 may be maintained against any employer 7including a public agency7 in any ,federal or ,state court of competent jurisdiction by any one or more employees or prospective employees for and on behalf of-- 7,a7 the employees or prospective employees2 and 7,b7 other employees or prospective employees similarly situated4 4 ,v #bast ,century ,investment #abfja4 ,short title ,this subtitle may be cited as the #bast ,century ,investment ,act of #bjbj4 #abfjb4 ,increase in research credit for contracted research with ,united ,states businesses 7a7 ,in general ,section #da of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new subsection3 7i7 ,special rule for contracted research with ,united ,states manufacturing business 7#a7 ,in general ,if the taxpayer elects the application of this subsection1 subsection 7a77#a7 shall be applied by substituting #be percent for #bj percent with respect to qualified ,united ,states research expenses4 7#b7 ,qualified ,united ,states research expenses ,for purposes of this subsection1 the term qualified ,united ,states research expenses means any amount paid or incurred by the taxpayer to any person 7other than an employee of the taxpayer7 for qualified research1 substantially all of which occurs in the ,united ,states4 7#c7 ,separate application of section ,in the case of any election of the application of this subsection1 this section shall be applied separately with respect to qualified ,united ,states research expenses4 4 7b7 ,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 ,act4 ,w ,protection of ,social ,security ,benefits ,restoration #abhja4 ,short title ,this subtitle may be cited as the ,protection of ,social ,security ,benefits ,restoration ,act4 #abhjb4 ,protecting ,social ,security1 ,railroad retirement1 and ,black ,lung benefits from administrative offset 7a7 ,prohibition on administrative offset authority 7#a7 ,assignment under ,social ,security ,act ,section #bjg of the ,social ,security ,act 7#db ,u4,s4,c4 #djg7 is amended by adding at the end the following new subsection3 7d7 ,subparagraphs 7,a71 7,c71 and 7,d7 of section #cgaf7;c77#c7 of title #ca1 ,united ,states ,code1 as such subparagraphs were in effect on the date before the date of enactment of the ,protection of ,social ,security ,benefits ,restoration ,act1 shall be null and void and of no effect4 4 7#b7 ,conforming amendments 7,a7 ,section #ad7;a7 of the ,railroad ,retirement ,act of #aigd 7#de ,u4,s4,c4 #bcam7a77 is amended by adding at the end the following3 4 ,the provisions of section #bjg7;d7 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 ,act44 7,b7 ,section #b7;e7 of the ,railroad ,unemployment ,insurance ,act 7#de ,u4,s4,c4 #ceb7;e77 is amended by adding at the end the following3 ,the provisions of section #bjg7;d7 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 ,act4 7b7 ,repeal of administrative offset authority 7#a7 ,in general ,paragraph 7#c7 of section #cgaf7;c7 of title #ca1 ,united ,states ,code1 is amended-- 7,a7 by striking 7#c77;,a77i7 ,notwithstanding and all that follows through any overpayment under such program742 7,b7 by striking subparagraphs 7,c7 and 7,d72 and 7,c7 by redesignating subparagraph 7,b7 as paragraph 7#c74 7#b7 ,conforming amendment ,paragraph 7#e7 of such section is amended by striking the ,commissioner of ,social ,security and4 7c7 ,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 before1 on1 or after the date of enactment of this ,act4 ,x ,federal ,jobs ,guarantee ,development #abija4 ,short title ,this subtitle may be cited as the ,federal ,jobs ,guarantee ,development ,act of #bjbj4 #abijb4 ,job guarantee pilot program 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means an entity that-- 7,a7 is a political subdivision of a ,state1 ,tribal entity1 or a combination of contiguous political subdivisions or ,tribal entities2 7,b7 has an unemployment rate that is not less than #aej percent of the national unemployment rate1 as determined by the ,bureau of ,labor ,statistics 7except in the case of ,tribal entities which may submit their own employment data where no such ,federal data is available for such entities7 based on the most recent data available at the time the ,secretary solicits applications for grants under this section2 and 7,c7 submits an application in accordance with subsection 7d74 7#b7 ,job guarantee program ,the term job guarantee program means a program that meets the requirements of subsection 7c74 7#c7 ,rural area ,the term rural area means an area that is located outside of an urban area4 7#d7 ,tribal entity ,the term ,tribal entity means an ,indian tribe or tribal organization as such terms are defined in section #d of the ,indian ,self-,determination ,act 7#be ,u4,s4,c4 #ecjd74 7#e7 ,urban area ,the term urban area means an urbanized area 7a region of #ej1jjj or more residents7 and an urbanized cluster 7and area encompassing between #b1ejj and #ej1jjj residents71 according to the ,census ,bureau's urban-rural classification in the #bjaj census4 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 7#g7 ,,wioa definitions ,the terms adult education and literacy activities1 career planning1 individual with a barrier to employment1 in-demand industry sector or occupation1 local board1 recognized postsecondary credential1 ,state board1 supportive services1 and workplace learning advisor have the meanings given such terms in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 7b7 ,establishment 7#a7 ,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 section4 7#b7 ,termination ,federal funding for a job guarantee program established under a grant under this section shall terminate on the earlier of-- 7,a7 the end of the #c-year period beginning on the date of the grant2 or 7,b7 the date of any revocation of the grantee as an eligible entity4 7c7 ,job guarantee programs ,a job guarantee program meets the requirements of this subsection if the jobs provided under such program-- 7#a7 are available to all individuals who-- 7,a7 are #ah years of age or older2 and 7,b7 reside in the area served under the program at the time the area became an eligible entity2 except that participants in the program may be disciplined1 released1 or suspended from further participation in jobs under this program if they are found to be negligent1 or generally disruptive to the workplace involved under procedures established by the ,secretary that provide for an opportunity for a review of such determinations2 7#b7 are1 with respect to individual participants1 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 representative2 7#c7 are available for the duration of the pilot program2 7#d7 provide a wage of not less than the greater of-- 7,a7 the hourly wage provided for under the provisions of ,s4 #aej 7#aafth ,congress71 if enacted1 or the hourly wage otherwise required to be paid to employees in area to be served under the pilot program1 whichever is greater2 7,b7 the prevailing wage in the area involved for a similar job as required by chapter #fg of title #da1 ,united ,states ,code1 and other related laws2 or 7,c7 the applicable wage under an applicable collective bargaining agreement as provided for under paragraph 7#b72 7#e7 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 ,program2 and 7#f7 provide at a minimum-- 7,a7 paid family leave consistent with the provisions of ,s4 #dfc 7#aafth ,congress7 and applicable ,state law2 and 7,b7 paid sick leave consistent with the provision of ,s4 #hdj 7#aafth ,congress7 and applicable ,state law4 7d7 ,other uses ,funds may be used to provide workers in a job guarantee program with-- 7#a7 supportive services1 which can include transportation1 child care1 dependent care1 housing1 and needs-related payments1 that are necessary to enable an individual to participate in activities authorized under this subtitle2 7#b7 access to a workplace learning advisor to support the education1 skill development1 job training1 career panning1 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-sufficiency2 7#c7 adult education and literacy activities1 including those provided by public libraries2 7#d7 activities that assist justice involved individuals1 formerly incarcerated individuals1 and individuals with criminal records in reentering the workforce2 and 7#e7 financial literacy activities including those described in section #abi7;b77#b77;,d7 of the ,workforce ,innovation and ,opportunity ,act4 7e7 ,applications ,an eligible entity seeking a grant under this section shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require4 ,such application shall include-- 7#a7 a description of the geographic area and population that the entity intends to serve under the job guarantee program established under the grant1 including the area unemployment rate1 underemployment rate1 unemployment rate for individuals with disabilities1 poverty rate1 housing vacancy rate1 crime rate1 household income1 home-ownership rate1 labor force participation rate1 and educational attainment2 7#b7 to extent practicable1 a description of the jobs that will be offered under the job guarantee program1 including-- 7,a7 a description of supports provided to individuals with disabilities and accommodations required under the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq472 and 7,b7 a description of supports and procedures to ensure job access and opportunities for individuals with criminal records1 including information on physical and programmatic accessibility1 in accordance with section #ahh of the ,workforce ,innovation and ,opportunity ,act1 if applicable1 and the ,americans with ,disabilities ,act of #aiij1 for individuals with disabilities2 7#c7 the need in the area for jobs to be performed1 including for jobs designated as a high-skill1 high-wage or in-demand industry sector or occupation by the ,secretary1 ,state board1 or local board2 7#d7 a description of ,state1 local1 or philanthropic funding1 including through coordination and in-kind or non-financial support1 if any1 that will be provided to assist in carrying out the job guarantee program2 7#e7 an assurance that the eligible entity will establish-- 7,a7 a public internet website1 in conjunction with the ,secretary1 to post all available jobs under the job guarantee program2 and 7,b7 a process for individuals to apply for such jobs2 7#f7 a comprehensive plan to describe how the funding under the program will leverage existing or anticipated local1 ,state1 and ,federal funding2 7#g7 an assurance that necessary administrative data systems and information technology infrastructure are available1 or will be available1 to provide for full participation in the evaluation under subsection 7k72 7#h7 a description of how the eligible entity will comply with the requirements described in subsection 7c77#f72 7#i7 an assurance that the entity will enter into an allocation agreement with the ,secretary under subsection 7j77#b77;,a72 and 7#aj7 an assurance that energy and infrastructure jobs provided under the program will not exacerbate the impacts of climate change4 7f7 ,selection ,the ,secretary1 after reviewing applications from eligible entities1 shall award grants under this section to not more than #ae such eligible entities4 ,in awarding such grants1 the ,secretary shall consider diversity in geographic location1 urban-rural composition1 and political entity1 including the representation of ,tribal entities4 7g7 ,amount of grant 7#a7 ,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 7referred to in this section as the ,fund71 consisting of-- 7,a7 amounts deposited in the ,fund under subsection 7l72 and 7,b7 any interest earned on investment of amounts in the ,fund4 7#b7 ,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 7#c74 7#c7 ,payments 7,a7 ,in general ,the ,secretary shall determine the annual amount of a grant under this section based on a formula to be developed by the ,secretary4 7,b7 ,payments ,the ,secretary shall make payments to grantees under this section in a manner determined appropriate by the ,secretary4 ,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 expended1 transferred1 or obligated not less than #hj percent of the most recent payment made under this subsection4 7h7 ,limitations ,an eligible entity may not use amounts received under a grant under this section to-- 7#a7 employ individuals who will replace1 or lead to the displacement of1 existing employees1 positions1 or individuals who would otherwise perform similar employment1 or disrupt existing contracts and collective bargaining agreements1 as defined in section #aha7;b7 of the ,workforce ,innovation and ,opportunity ,act 7,public ,law #aac-abh72 7#b7 perform functions otherwise prohibited by ,federal1 ,state1 or local laws2 and 7#c7 carry out other prohibited activities1 as determined by the ,secretary4 7i7 ,federal provision of jobs in pilot sites 7#a7 ,guidance ,not later than #cj days after the date on which the ,secretary awards the first grant under this section1 the ,secretary shall-- 7,a7 provide guidance to the heads of appropriate ,federal agencies to notify such agencies of job guarantee programs established under such grants2 and 7,b7 request that such agencies notify the ,secretary1 within #cj days of the date on which the guidance is received under paragraph 7#a71 of the number and types of jobs that such agency would make available through each of the programs4 7#b7 ,application of provisions ,the requirements of subsection 7c7 relating to wages and benefits provided to participants in jobs provided under job guarantee programs1 and the limitations in subsection 7h71 shall apply to ,federal agencies and jobs provided under this subsection1 except that a ,federal agency shall employ each individual under this subsection for up to three years4 7#c7 ,listing of jobs on website ,the ,secretary shall establish procedures to ensure that jobs identified under paragraph 7#a77;,b7 are listed on the appropriate public internet website as provided for under subsection 7e77#e77;,a74 7#d7 ,reimbursement ,at the end of each fiscal year1 the ,secretary shall transfer from the ,fund to each ,federal agency that employs individuals under a job guarantee program under this section1 an amount necessary to reimburse such agency for the full cost of employing each such individual during such fiscal year4 7j7 ,training 7#a7 ,in general ,the ,secretary shall develop procedures to support up to #h weeks of paid training 7through privately or publicly funded training programs1 such as those provided by the public workforce system7 to participants in order to perform duties required by job guarantee programs under this section1 including a new period of training1 not to exceed #h weeks1 prior to commencing any new job under the program4 7#b7 ,specific populations ,with respect to certain populations with barriers to employment 7as defined in section #c7bd7 of the ,workforce ,innovation and ,opportunity ,act 7,public ,law #aac-abh771 the #h-week training period may include specific job-related training and counseling and other general skills training to prepare such individuals to reenter the workforce4 7k7 ,priorities and audits 7#a7 ,priorities ,prior to awarding the initial grants under this section1 the ,secretary shall issue a list of national job priorities relating to jobs that may be carried out under job guarantee programs1 that shall include child care1 care for seniors and individuals with disabilities1 clean energy jobs1 and sustainable infrastructure activities4 ,the ,secretary shall take ,state board and local board suggestions into consideration when issuing such list4 7#b7 ,audits 7,a7 ,in general ,the ,secretary1 acting through the ,inspector ,general of the ,department of ,labor1 shall carry out annual audits of the use of grant funds provided to eligible entities under this section4 7,b7 ,allocation agreements and misuse of funds 7i7 ,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 7,a7 include a finding that there was an intentional or reckless misuse of such funds by such entity4 7ii7 ,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 section4 7l7 ,reports ,not later than #ij 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 section1 the eligible entity shall submit to the ,secretary a report that-- 7#a7 specifies the amount of grant funds obligated or expended for the preceding fiscal year2 7#b7 specifies any purposes for which the funds were obligated or expended2 and 7#c7 includes any other information that the ,secretary may require to more effectively administer the grant program under this section1 including the indicators of performance under section #aaf7;b77#b77;,a77i7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cada7;b77#b77;,a77i771 with the performance data disaggregated by race1 ethnicity1 sex1 age1 and membership in a population specified in section #c7bd7 of such ,act 7#bi ,u4,s4,c4 #cajb7bd774 7m7 ,evaluation ,the ,chief ,evaluation ,officer at the ,department of ,labor shall provide for the conduct of an evaluation of the pilot program1 using a rigorous design and evaluation methods to assess the implementation of the programs and their impact on-- 7#a7 overall employment1 public-sector employment1 and private-sector employment2 7#b7 private sector employment1 wages1 and benefits2 7#c7 poverty rate2 7#d7 public assistance spending and other ,federal spending in the area served by the program2 7#e7 child health and educational outcomes2 7#f7 health and well-being of those with mental1 emotional1 and behavioral health needs2 7#g7 incarceration rates2 7#h7 the environment1 including air quality and water quality2 7#i7 the indicators of performance as described in subsection 7l77#c72 and 7#aj7 other economic development and individual outcome indicators1 as determined by the ,secretary4 7n7 ,expansion of work opportunity credit ,to include participants in job guarantee programs 7#a7 ,in general ,subsection 7d7 of section #ea of the ,internal ,revenue ,code of #aihf is amended-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,i71 by striking or at the end2 7ii7 in subparagraph 7,j71 by striking the period at the end and inserting 1 or2 and 7iii7 by adding at the end the following new subparagraph3 7,k7 a qualified participant in a job guarantee program4 2 and 7,b7 by adding at the end the following new paragraph3 7#af7 ,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 #b of the ,federal ,jobs ,guarantee ,development ,act of #bjbj for not less than #c months during the #f-month period ending on the hiring date4 4 7#b7 ,effective date ,the amendments made by this subsection shall apply to individuals who begin work for the employer after ,december #ca1 #bjai4 7o7 ,appropriations ,from funds in the ,treasury not otherwise appropriated1 there are appropriated to the ,secretary such sums as may be necessary to carry out this section4 ,y ,blue ,collar to ,green ,collar ,jobs ,development #acaja4 ,short title ,this subtitle may be cited as the ,blue ,collar to ,green ,collar ,jobs ,development ,act of #bjbj4 #a ,office of ,economic ,impact1 ,diversity1 and ,employment #acaaa4 ,name of office 7a7 ,in general ,section #baa of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gada7 is amended-- 7#a7 in the section heading1 by striking ,minority ,economic ,impact and inserting ,economic ,impact1 ,diversity1 and ,employment2 and 7#b7 in subsection 7a71 by striking ,office of ,minority ,economic ,impact and inserting ,office of ,economic ,impact1 ,diversity1 and ,employment4 7b7 ,conforming amendment ,the table of contents for the ,department of ,energy ,organization ,act is amended by amending the item relating to section #baa to read as follows3 ,sec4 #baa4 ,office of ,economic ,impact1 ,diversity1 and ,employment4 4 #acaab4 ,energy workforce development programs ,section #baa of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gada7 is amended-- 7#a7 by redesignating subsections 7f7 and 7g7 as subsections 7g7 and 7h71 respectively2 and 7#b7 by inserting after subsection 7e7 the following3 7f7 ,the ,secretary1 acting through the ,director1 shall establish and carry out the programs described in sections #acaba and #acabb of the ,blue ,collar to ,green ,collar ,jobs ,development ,act of #bjbj4 4 #acaac4 ,authorization ,subsection 7h7 of section #baa of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gada71 as redesignated by section #acaab of this subtitle1 is amended by striking not to exceed #c1jjj1jjj for fiscal year #aigi1 not to exceed #e1jjj1jjj for fiscal year #aihj1 and not to exceed #f1jjj1jjj for fiscal year #aiha4 ,of the amounts so appropriated each fiscal year1 not less than #ej percent shall be available for purposes of financial assistance under subsection 7e74 and inserting #ajj1jjj1jjj for each of fiscal years #bjba through #bjbd44 #b ,energy workforce development #acaba4 ,energy workforce development 7a7 ,in general ,subject to the availability of appropriations1 the ,secretary1 acting through the ,director of the ,office of ,economic ,impact1 ,diversity1 and ,employment1 shall establish and carry out a comprehensive1 nationwide program to improve education and training for jobs in energy-related industries1 including manufacturing1 engineering1 construction1 and retrofitting jobs in such energy-related industries1 in order to increase the number of skilled workers trained to work in such energy-related industries1 including by-- 7#a7 encouraging underrepresented groups1 including religious and ethnic minorities1 women1 veterans1 individuals with disabilities1 unemployed energy workers1 and socioeconomically disadvantaged individuals to enter into the science1 technology1 engineering1 and mathematics 7in this section referred to as ,,stem7 fields2 7#b7 encouraging the ,nation's educational institutions to equip students with the skills1 mentorships1 training1 and technical expertise necessary to fill the employment opportunities vital to managing and operating the ,nation's energy-related industries2 7#c7 providing students and other candidates for employment with the necessary skills and certifications for skilled1 semiskilled1 and highly skilled jobs in such energy-related industries2 7#d7 strengthening and more fully engaging ,department of ,energy programs and laboratories in carrying out the ,department's ,minorities in ,energy ,initiative2 and 7#e7 to the greatest extent possible1 collaborating with and supporting existing ,state workforce development programs to maximize program efficiency4 7b7 ,priority ,in carrying out the program established under subsection 7a71 the ,secretary shall prioritize the education and training of underrepresented groups for jobs in energy-related industries4 7c7 ,direct assistance ,in carrying out the program established under subsection 7a71 the ,secretary shall provide direct assistance 7including financial assistance awards1 technical expertise1 and internships7 to educational institutions1 local workforce development boards1 ,state workforce development boards1 nonprofit organizations1 labor organizations1 and apprenticeship programs4 ,the ,secretary shall distribute such direct assistance in a manner proportional to the needs of1 and demand for jobs in1 energy-related industries1 consistent with information obtained under subsections 7e77#c7 and 7i74 7d7 ,clearinghouse ,in carrying out the program established under subsection 7a71 the ,secretary shall establish a clearinghouse to-- 7#a7 maintain and update information and resources on training programs for jobs in energy-related industries1 including manufacturing1 engineering1 construction1 and retrofitting jobs in such energy-related industries2 and 7#b7 act as a resource for educational institutions1 local workforce development boards1 ,state workforce development boards1 nonprofit organizations1 labor organizations1 and apprenticeship programs that would like to develop and implement training programs for such jobs4 7e7 ,collaboration and report ,in carrying out the program established under subsection 7a71 the ,secretary-- 7#a7 shall collaborate with educational institutions1 local workforce development boards1 ,state workforce development boards1 nonprofit organizations1 labor organizations1 apprenticeship programs1 and energy-related industries2 7#b7 shall encourage and foster collaboration1 mentorships1 and partnerships among industry1 local workforce development boards1 ,state workforce development boards1 nonprofit organizations1 labor organizations1 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 local1 ,state1 and national needs2 and 7#c7 shall collaborate with the ,bureau of ,labor ,statistics1 the ,department of ,commerce1 the ,bureau of the ,census1 and energy-related industries to-- 7,a7 develop a comprehensive and detailed understanding of the workforce needs of such energy-related industries1 and job opportunities in such energy-related industries1 by ,state and by region2 and 7,b7 publish an annual report on job creation in the energy-related industries described in subsection 7i77#b74 7f7 ,guidelines for educational institutions 7#a7 ,in general ,in carrying out the program established under subsection 7a71 the ,secretary1 in collaboration with the ,secretary of ,education1 the ,secretary of ,commerce1 the ,secretary of ,labor1 and the ,national ,science ,foundation1 shall develop voluntary guidelines or best practices for educational institutions to help provide graduates with the skills necessary for jobs in energy-related industries1 including manufacturing1 engineering1 construction1 and retrofitting jobs in such energy-related industries4 7#b7 ,input ,the ,secretary shall solicit input from energy-related industries in developing guidelines or best practices under paragraph 7#a74 7#c7 ,energy efficiency and conservation initiatives ,the guidelines or best practices developed under paragraph 7#a7 shall include grade-specific guidelines for teaching energy efficiency technology1 manufacturing efficiency technology1 community energy resiliency1 and conservation initiatives to educate students and families4 7#d7 ,,stem education ,the guidelines or best practices developed under paragraph 7#a7 shall promote ,,stem education in educational institutions as it relates to job opportunities in energy-related industries4 7g7 ,outreach to minority-,serving institutions ,in carrying out the program established under subsection 7a71 the ,secretary shall-- 7#a7 give special consideration to increasing outreach to minority-serving institutions2 7#b7 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 industries1 including manufacturing1 engineering1 construction1 and retrofitting jobs in such energy-related industries2 7#c7 encourage energy-related industries to improve the opportunities for students of minority-serving institutions to participate in industry internships and cooperative work-study programs2 and 7#d7 partner with the ,department of ,energy laboratories to increase underrepresented groups' participation in internships1 fellowships1 traineeships1 and employment at all ,department of ,energy laboratories4 7h7 ,outreach to displaced and unemployed energy workers ,in carrying out the program established under subsection 7a71 the ,secretary shall-- 7#a7 give special consideration to increasing outreach to employers and job trainers preparing displaced and unemployed energy workers for emerging jobs in energy-related industries1 including manufacturing1 engineering1 construction1 and retrofitting jobs in such energy-related industries2 7#b7 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 industries1 including manufacturing1 engineering1 construction1 and retrofitting jobs in such energy-related industries2 and 7#c7 encourage energy-related industries to improve opportunities for displaced and unemployed energy workers to participate in industry internships and cooperative work-study programs4 7i7 ,guidelines ,to develop skills for an energy industry workforce ,in carrying out the program established under subsection 7a71 the ,secretary shall1 in collaboration with energy-related industries-- 7#a7 identify the areas with the greatest demand for workers in each such industry2 and 7#b7 develop guidelines for the skills necessary for work in the following energy-related industries3 7,a7 ,energy efficiency industry1 including work in energy efficiency1 conservation1 weatherization1 retrofitting1 or as inspectors or auditors4 7,b7 ,renewable energy industry1 including work in the development1 engineering1 manufacturing1 and production of renewable energy from renewable energy sources 7such as solar1 hydropower1 wind1 or geothermal energy74 7,c7 ,community energy resiliency industry1 including work in the installation of rooftop solar1 in battery storage1 and in microgrid technologies4 7,d7 ,fuel cell and hydrogen energy industry4 7,e7 ,manufacturing industry1 including work as operations technicians1 in operations and design in additive manufacturing1 #c-;,d printing1 and advanced composites and advanced aluminum and other metal alloys1 industrial energy efficiency management systems1 including power electronics1 and other innovative technologies4 7,f7 ,chemical manufacturing industry1 including work in construction 7such as welders1 pipefitters1 and tool and die makers7 or as instrument and electrical technicians1 machinists1 chemical process operators1 engineers1 quality and safety professionals1 and reliability engineers4 7,g7 ,utility industry1 including work in the generation1 transmission1 and distribution of electricity and natural gas1 such as utility technicians1 operators1 lineworkers1 engineers1 scientists1 and information technology specialists4 7,h7 ,alternative fuels industry1 including work in biofuel development and production4 7,i7 ,pipeline industry1 including work in pipeline construction and maintenance or work as engineers or technical advisors4 7,j7 ,nuclear industry1 including work as scientists1 engineers1 technicians1 mathematicians1 or security personnel4 7,k7 ,oil and gas industry1 including work as scientists1 engineers1 technicians1 mathematicians1 petrochemical engineers1 or geologists4 7,l7 ,coal industry1 including work as coal miners1 engineers1 developers and manufacturers of state-of-the-art coal facilities1 technology vendors1 coal transportation workers and operators1 or mining equipment vendors4 7j7 ,enrollment in training and apprenticeship programs ,in carrying out the program established under subsection 7a71 the ,secretary shall work with industry1 local workforce development boards1 ,state workforce development boards1 nonprofit organizations1 labor organizations1 and apprenticeship programs to help identify students and other candidates1 including from underrepresented communities such as minorities1 women1 and veterans1 to enroll into training and apprenticeship programs for jobs in energy-related industries4 7k7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section #bj1jjj1jjj for each of fiscal years #bjba through #bjbe4 #acabb4 ,energy workforce grant program 7a7 ,program 7#a7 ,establishment ,subject to the availability of appropriations1 the ,secretary1 acting through the ,director of the ,office of ,economic ,impact1 ,diversity1 and ,employment1 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 sector1 energy efficiency sector1 or grid modernization sector4 7#b7 ,guidelines ,not later than #fj days after the date of enactment of this ,act1 the ,secretary1 in consultation with stakeholders1 contractors1 and organizations that work to advance existing residential energy efficiency1 shall establish guidelines to identify training that is eligible for purposes of the program established pursuant to paragraph 7#a74 7b7 ,eligibility ,to be eligible to receive a grant under the program established under subsection 7a7 or a business or labor management organization that is directly involved with energy efficiency or renewable energy technology1 or working on behalf of any such business1 shall provide services related to-- 7#a7 renewable electric energy generation1 including solar1 wind1 geothermal1 hydropower1 and other renewable electric energy generation technologies2 7#b7 energy efficiency1 including energy-efficient lighting1 heating1 ventilation1 and air conditioning1 air source heat pumps1 advanced building materials1 insulation and air sealing1 and other high-efficiency products and services1 including auditing and inspection2 7#c7 grid modernization or energy storage1 including smart grid1 microgrid and other distributed energy solutions1 demand response management1 and home energy management technology2 or 7#d7 fuel cell and hybrid fuel cell generation4 7c7 ,use of grants ,an eligible business with-- 7#a7 #bj or fewer employees may use a grant provided under the program established under subsection 7a7 to pay up to-- 7,a7 #de percent of an employee's wages for the duration of the training1 if the training is provided by the eligible business2 and 7,b7 #ij percent of an employee's wages for the duration of the training1 if the training is provided by an entity other than the eligible business2 7#b7 #ba to #ii employees may use a grant provided under the program established under subsection 7a7 to pay up to-- 7,a7 #cg4e percent of an employee's wages for the duration of the training1 if the training is provided by the eligible business2 and 7,b7 #ge percent of an employee's wages for the duration of the training1 if the training is provided by an entity other than the eligible business2 and 7#c7 #ajj employees or more may use a grant provided under the program established under subsection 7a7 to pay up to-- 7,a7 #be percent of an employee's wages for the duration of the training1 if the training is provided by the eligible business2 and 7,b7 #ej percent of an employee's wages for the duration of the training1 if the training is provided by an entity other than the eligible business4 7d7 ,priority for targeted communities ,in providing grants under the program established under subsection 7a71 the ,secretary shall give priority to eligible businesses that-- 7#a7 recruit employees-- 7,a7 from the communities that the businesses serve2 and 7,b7 that are minorities1 women1 persons who are or were foster children1 persons who are transitioning from fossil energy sector jobs1 or veterans2 and 7#b7 provide trainees with the opportunity to obtain real-world experience4 7e7 ,limit ,an eligible business may not receive more than #ajj1jjj under the program established under subsection 7a7 per fiscal year4 7f7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section #gj1jjj1jjj for each of fiscal years #bjba through #bjbe4 #acabc4 ,definitions ,in this subtitle3 7#a7 ,apprenticeship ,the term apprenticeship means an apprenticeship registered under the ,act of ,august #af1 #aicg 7commonly known as the ,national ,apprenticeship ,act2 #ej ,stat4 #ffd1 chapter #ffc2 #bi ,u4,s4,c4 #ej et seq474 7#b7 ,educational institution ,the term educational institution means an elementary school1 secondary school1 or institution of higher education4 7#c7 ,elementary school and secondary school ,the terms elementary school and secondary school have the meanings given such terms in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#d7 ,energy-related industry ,the term energy-related industry includes each of the energy efficiency1 renewable energy1 chemical manufacturing1 utility1 alternative fuels1 pipeline1 nuclear energy1 oil1 gas1 and coal industries4 7#e7 ,institution of higher education ,the term institution of higher education has the meaning given such term in section #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb74 7#f7 ,labor organization ,the term labor organization has the meaning given such term in section #b of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeb74 7#g7 ,local workforce development board ,the term local workforce development board means a local board1 as defined in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 7#h7 ,minority-serving institution ,the term minority-serving institution means an institution of higher education that is of one of the following3 7,a7 ,hispanic-serving institution 7as defined in section #ejb7;a77#e7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #aaja;a7a77#e7774 7,b7 ,tribal ,college or ,university 7as defined in section #caf7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;c7b7774 7,c7 ,alaska ,native-serving institution 7as defined in section #cag7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;d7b7774 7,d7 ,native ,hawaiian-serving institution 7as defined in section #cag7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;d7b7774 7,e7 ,predominantly ,black ,institution 7as defined in section #cah7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;e7b7774 7,f7 ,native ,american-serving nontribal institution 7as defined in section #cai7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;f7b7774 7,g7 ,asian ,american and ,native ,american ,pacific ,islander-serving institution 7as defined in section #cbj7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;g7b7774 7#i7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#aj7 ,state workforce development board ,the term ,state workforce development board means a ,state board1 as defined in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 ,z ,workforce ,development ,tax ,credit #acbja4 ,short title ,this subtitle may be cited as the ,workforce ,development ,tax ,credit ,act of #bjbj4 #acbjb4 ,credit for wages paid to employees participating in qualified apprenticeship programs 7a7 ,in general ,subpart ,d of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf 7relating to business-related credits7 is amended by adding at the end the following new section3 #de,s4 ,wages paid to employees participating in qualified apprenticeship programs 7a7 ,in general ,for purposes of section #ch1 the apprenticeship credit determined under this section for the taxable year is the sum of-- 7#a7 the apprenticeship period credit1 and 7#b7 the post-apprenticeship credit4 7b7 ,apprenticeship period credit ,for purposes of subsection 7a7-- 7#a7 ,in general ,the apprenticeship period credit for the taxable year is #ej 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 7whether or not such employee is an employee of the taxpayer as of the close of such taxable year74 7#b7 ,limitation on wages per year taken into account ,the amount of wages which may be taken into account under paragraph 7#a7 with respect to any apprenticeship employee for each qualified training year shall not exceed #b1jjj4 7c7 ,post-,apprenticeship credit ,for purposes of subsection 7a7-- 7#a7 ,in general ,the post-apprenticeship credit for the taxable year is #dj 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 employer1 but only if-- 7,a7 such wages are paid by such employer for services rendered-- 7i7 during the #b-year period which begins on the day after the employee's completion of such program1 and 7ii7 during the qualified employment period of such employee1 and 7,b7 the employee is performing such services in a position which utilizes skills acquired in the qualified training program4 7#b7 ,limitation on wages taken into account ,the amount of wages which may be taken into account under paragraph 7#a7 with respect to any apprenticeship employee shall not exceed #f1jjj4 7#c7 ,recapture for failure of employee to serve at least #a year after completion of apprenticeship ,the ,secretary shall1 by regulations1 provide for recapturing the amount of any post-apprenticeship credit allowed under subsection 7a7 with respect to any individual who is employed by the employer for less than #a year after the individual completed such program4 7d7 ,definitions ,for purposes of this section-- 7#a7 ,wages ,the term wages has the meaning given to such term by section #ea7;c71 determined without regard to paragraph 7#d7 thereof4 7#b7 ,apprenticeship employee ,the term apprenticeship employee means any employee who is employed by the employer pursuant to an apprentice agreement registered with-- 7,a7 the ,office of ,apprenticeship of the ,employment and ,training ,administration of the ,department of ,labor1 or 7,b7 a recognized ,state apprenticeship agency1 as determined by the ,office of ,apprenticeship of the ,employment and ,training ,administration of the ,department of ,labor4 7#c7 ,qualified training year 7,a7 ,in general ,the term qualified training year means each year during the training period in which-- 7i7 the employee is employed by the employer for at least #be hours per week during #bh consecutive weeks of such year1 and 7ii7 the employee completes at least #h credit hours of classroom work under a qualified training program for each semester of such program ending during such year4 7,b7 ,qualified training program ,the term qualified training program means any training program undertaken pursuant to the agreement referred to in paragraph 7#b74 7,c7 ,training period ,the term training period means1 with respect to an employee1 the period-- 7i7 beginning on the date that the employee begins employment with the taxpayer as an apprentice under a qualified training program1 and 7ii7 ending on the earlier of-- 7,i7 the date that such apprenticeship with the employer ends1 or 7,,ii7 the date which is #b years after the date referred to in clause 7i74 7#d7 ,qualified employment period ,the term qualified employment period means the period-- 7,a7 beginning on the date that the employee begins employment with the taxpayer after the employee's completion of a qualified training program of the taxpayer1 and 7,b7 ending on the earlier of-- 7i7 the date that such employment ends1 or 7ii7 the date which is #a year after the date referred to in subparagraph 7,a74 7e7 ,coordination with other credits ,the amount of credit otherwise allowable under sections #de;,a1 #ea7;a71 and #acif7;a7 with respect to any employee shall be reduced by the credit allowed by this section with respect to such employee4 7f7 ,certain rules ,to apply ,rules similar to the rules of subsections 7i77#a7 and 7k7 of section #ea shall apply for purposes of this section4 4 7b7 ,credit made part of general business credit ,subsection 7b7 of section #ch of such ,code is amended by striking plus at the end of paragraph 7#ce71 by striking the period at the end of paragraph 7#cf7 and inserting 1 plus1 and by adding at the end the following new paragraph3 7#cg7 the apprenticeship credit determined under section #de,s7a74 4 7c7 ,denial of double benefit ,subsection 7a7 of section #bhj;,c of such ,code is amended by inserting #de,s7a71 after #de,p7a714 7d7 ,clerical amendment ,the table of sections for subpart ,d of part ,,iv of subchapter ,a of chapter #a of such ,code is amended by adding at the end the following new item3 ,sec4 #de,s4 ,wages paid to employees participating in qualified apprenticeship programs44 7e7 ,effective date ,the amendments made by this section shall apply to individuals commencing apprenticeship programs after the date of the enactment of this ,act4 ,,aa ,expanding ,access to the ,workforce ,through ,dual ,enrollment #aceja4 ,short title ,this subtitle may be cited as the ,expanding ,access to the ,workforce ,through ,dual ,enrollment ,act of #bjbj4 #acejb4 ,grant program 7a7 ,in general ,from the amounts appropriated under subsection 7h71 the ,secretary of ,education shall provide grants to eligible entities for the purposes of establishing1 expanding1 or supporting dual or concurrent enrollment programs offering career and technical education4 7b7 ,amounts ,the total grant amount made to an eligible entity under this section may not exceed #a1jjj1jjj4 7c7 ,use of ,grants 7#a7 ,required ,use of ,grants ,an eligible entity that receives a grant under this section shall use such grant for a program described in subsection 7a7 that carries out the following requirements3 7,a7 ,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 located4 7,b7 ,each local educational entity that is a partner in such eligible entity-- 7i7 shall prioritize establishing1 expanding1 or supporting such program at secondary schools-- 7,i7 serving students not less than #ej percent of whom are eligible for the free or reduced-price lunch under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq472 7,,ii7 whose most recent four-year adjusted cohort graduation rate is below the national four-year adjusted cohort graduation rate1 as determined by the ,secretary using the most recent data submitted to the ,national ,center of ,education ,statistics for the calculation of such national rate2 and 7,,iii7 whose most recent immediate college enrollment rate is below the national immediate college enrollment rate1 as determined by the ,national ,center of ,education ,statistics2 and 7ii7 shall prioritize selecting students for the program who are from a family whose taxable income for the proceeding year did not exceed #ij 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 ,census4 7,c7 ,each public institution of higher education that is a partner in such eligible entity shall provide such program-- 7i7 assistance with curriculum development2 7ii7 access to faculty for the instruction of courses2 7iii7 access to facilities on the campus of such institution of higher education1 including for the purpose of instructing courses2 and 7iv7 access to advisors from such institution of higher education for the purposes of advising students enrolled in such program4 7,d7 7i7 ,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 7ii71 which shall include at least one of the forms of assistance described in subclause 7,i71 7,,iii71 or 7,,iv7 of such clause4 7ii7 ,the forms of assistance described in this clause are as follows3 7,i7 ,internships approved by the ,secretary or registered apprenticeship programs for students enrolled in such program4 7,,ii7 ,funds in an amount equal to not less than #aj percent of the total costs of administering such program4 7,,iii7 ,assistance with curriculum development4 7,,iv7 ,mentoring for students enrolled in such program4 7,v7 ,individuals employed by the private sector entity for the instruction of courses4 7,,vi7 ,equipment and facilities for the purposes of on-site instruction4 7#b7 ,authorized ,use of ,grants ,an eligible entity that receives a grant under this section may use-- 7,a7 not more than #ej percent of the grant to-- 7i7 cover expenses1 including tuition costs and textbook fees1 incurred by students enrolled in the program established1 expanded1 or supported with the grant2 and 7ii7 offer courses for credit or not-for-credit to supplement such program to-- 7,i7 improve the financial literacy of students2 and 7,,ii7 teach skills1 including resume and interviewing skills1 that will prepare students for postsecondary career and technical education2 7,b7 not less than #aj percent and not more than #cj percent of the grant to train or hire educators2 and 7,c7 not more than #bj percent of the grant to pay for the cost of transporting 7including by school bus1 private transportation company1 or public transit7 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 program4 7d7 ,application requirements ,an eligible entity seeking a grant under this section shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary determines1 which shall include an assurance that each partner in the eligible entity will comply with the requirements of subsection 7c77#a74 7e7 ,supplement1 not supplant ,federal funds made available under this section shall be used so as to supplement the level of ,federal1 ,state1 and local public funds that1 in the absence of such availability1 would have been expended for dual enrollment programs and in no case to supplant such ,federal1 ,state1 and local public funds4 7f7 ,financial ,aid and ,enrollment ,status 7#a7 ,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 #aife 7#bj ,u4,s4,c4 #ajjj et seq474 7#b7 ,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 program4 7g7 ,report 7#a7 ,in general ,an eligible entity that receives a grant under this section shall submit to the ,secretary a report on-- 7,a7 the activities supported by the grant2 7,b7 the number of students participating in the activities supported by the grant2 7,c7 any progress made in achieving the goals of the program supported by the grant2 and 7,d7 such other information as the ,secretary determines to be appropriate4 7#b7 ,timeline for submission of report ,the report under paragraph 7#a7 shall be submitted to the ,secretary not later than #ahj days after the date on which the eligible entity concludes the activities supported by the grant under this section4 7h7 ,authorization of appropriations ,there are authorized to be appropriated #aej1jjj1jjj for each of the fiscal years #bjba through #bjbe4 #acejc4 ,definitions ,in this subtitle3 7#a7 ,career and ,technical ,education ,the term career and technical education has the meaning given the term in section #c of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act 7#bj ,u4,s4,c4 #bcjb74 7#b7 ,dual or ,concurrent ,enrollment ,program ,the term dual or concurrent enrollment program has the meaning given the term in section #haja of the ,elementary and ,secondary ,education ,act 7#bj ,u4,s4,c4 #ghja71 except that the postsecondary courses of such program shall offer career and technical education4 7#c7 ,eligible ,entity ,the term eligible entity means a partnership among the following3 7,a7 ,a ,state4 7,b7 ,one or more local educational agencies4 7,c7 ,one or more public institutions of higher education4 7,d7 ,one or more private sector entities4 7#d7 ,first ,generation ,college ,student ,the term first generation college student has the meaning given the term in section #djb;,a7h77#c7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;a-#aa7;h77#c774 7#e7 ,four-,year ,adjusted ,cohort ,graduation ,rate ,the term four-year adjusted cohort graduation rate has the meaning given the term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#f7 ,high ,school ,the term high school has the meaning given the term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#g7 ,immediate ,college ,enrollment ,rate ,the term immediate college enrollment rate means the percentage of individuals ages #af to #bd-- 7,a7 who graduate from high school or complete a graduate educational development test prior to ,october of a calendar year2 and 7,b7 who enroll in a two- or four-year institution of higher education in the fall of such calendar year4 7#h7 ,institution of ,higher ,education ,the term institution of high education has the meaning given the term in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a774 7#i7 ,local ,educational ,agency ,the term local educational agency has the meaning given the term in section #haja of the ,elementary and ,secondary ,education ,act 7#bj ,u4,s4,c4 #ghja74 7#aj7 ,mentoring ,the term mentoring means a structured1 managed program in which children are appropriately matched with screened and trained adult volunteers for one-on-one relationships1 involving meetings and activities on a regular basis1 intended to meet1 in part1 the child's need for involvement with a caring and supportive adult who provides a positive role model4 7#aa7 ,private ,sector ,entity ,the term private sector entity means an entity owned1 controlled1 and managed by a private individual or enterprise1 including a for-profit business1 nonprofit organization1 charity1 or labor organization4 7#ab7 ,registered apprenticeship program ,the term registered apprenticeship program means an apprenticeship registered under the ,act of ,august #af1 #aicg 7commonly known as the ,national ,apprenticeship ,act2 #ej ,stat4 #ffd1 chapter #ffc2 #bi ,u4,s4,c4 #ej et seq474 7#ac7 ,secretary ,the term ,secretary means the ,secretary of ,education4 7#ad7 ,state ,the term ,state has the meaning given the term in section #ajc of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjc74 ,,bb ,investing in ,tomorrow's ,workforce #acfja4 ,short title ,this subtitle may be cited as the ,investing in ,tomorrow's ,workforce ,act of #bjbj4 #acfjb4 ,tax credit for increasing worker training 7a7 ,in general ,subpart ,d of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new section3 #de,t4 ,credit for increasing worker training 7a7 ,in general ,for purposes of section #ch1 the worker training credit determined under this section for a taxable year is an amount equal to the sum of-- 7#a7 #dj percent of the excess 7if any7 of-- 7,a7 the high-demand occupation training expenses for such taxable year1 over 7,b7 the average of the high-demand occupation training expenses for the #c taxable years preceding such taxable year1 plus 7#b7 #bj percent of the excess 7if any7 of-- 7,a7 the low-demand occupation training expenses for such taxable year1 over 7,b7 the average of the low-demand occupation training expenses for the #c taxable years preceding such taxable year4 7b7 ,definitions ,for purposes of this section-- 7#a7 ,high-demand occupation training expense ,the term high-demand occupation training expense means1 for a taxable year1 any qualified training expense for programming required for1 or designed to lead to employment in1 an occupation that the ,secretary of ,labor has determined is expected to experience not fewer than #bj percent occupational openings for the #aj-year period beginning with calendar year beginning in such taxable year4 7#b7 ,low-demand occupation training expense ,the term low-demand occupation training expense means any qualified training expense for programming required for1 or designed to lead to employment in1 an occupation other than an occupation described in paragraph 7#a74 7#c7 ,qualified training expense 7,a7 ,in general ,the term qualified training expense means amounts paid or incurred by an employer for a qualified training program for non-highly compensated employees4 7,b7 ,exclusion ,the term qualified training expense shall not include any amounts paid for meals1 lodging1 transportation1 or other services4 7#d7 ,qualified training program 7,a7 ,in general ,the term qualified training program means any of the following3 7i7 ,an apprenticeship program registered under section #a of the ,act of ,august #af1 #aicg 7commonly known as the ,national ,apprenticeship ,act2 #bi ,u4,s4,c4 #ej et seq474 7ii7 ,a program to obtain a recognized postsecondary credential 7as such term is defined in section #c7eb7 of the ,workforce ,innovation and ,opportunity ,act74 7iii7 ,a program eligible to receive funds under the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf4 7iv7 ,any other program designated by the ,secretary of ,labor or the ,secretary of ,education for purposes of this section4 7#e7 ,non-highly compensated employee ,the term non-highly compensated employee means1 with respect to a taxable year1 an employee-- 7,a7 who is a full-time employee 7as such term in defined in section #dihj;,h7c77#d771 and 7,b7 whose compensation does not exceed #hb1jjj for such taxable year4 4 7b7 ,credit ,to be part of general business credit ,section #ch7;b7 of such ,code is amended by striking plus at the end of paragraph 7#ca71 by striking the period at the end of paragraph 7#cb7 and inserting 1 plus1 and by adding at the end the following new paragraph3 7#cc7 the worker training credit determined under section #de,t4 4 7c7 ,clerical amendment ,the table of sections for subpart ,d of part ,,iv of subchapter ,a of chapter #a of such ,code is amended by adding at the end the following new item3 ,sec4 #de,t4 ,credit for increasing worker training4 4 7d7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after the date of the enactment of this ,act4 ,,cc ,direct loans to small business concerns #acgja4 ,direct loans to small business concerns 7a7 ,in general ,from amounts appropriated pursuant to subsection 7e71 the ,administrator of the ,small ,business ,administration shall establish a program to make direct loans to small business concerns 7as defined under section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb774 7b7 ,amount ,loans made under this section shall be in an amount not greater than the lesser of-- 7#a7 #e percent of the annual revenue of the small business concern requesting the loan2 or 7#b7 #bej1jjj4 7c7 ,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 7daily or weekly71 commonly referred to as the ,h4#ae release4 7d7 ,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 section4 7e7 ,authorization of appropriations ,there are authorized to be appropriated #be1jjj1jjj for each of fiscal years #bjba to #bjbe4 ,,dd ,pilot program to fund local incubators #achja4 ,pilot program to fund local incubators 7a7 ,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 businesses4 7b7 ,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 time1 in such form1 and with such information and assurances as the ,secretary may require1 including an identification of one or more incubators with which the ,state or political subdivision will partner in implementing the grant4 7c7 ,limitations 7#a7 ,one grant per ,state or political subdivision ,a ,state or political subdivision of a ,state may not receive more than one grant under this section4 ,for purposes of the preceding sentence1 a grant received by a ,state shall not be considered to be received by a political subdivision of the ,state1 and a grant received by a political subdivision of a ,state shall not be considered to be received by the ,state4 7#b7 ,amount of grant ,a grant awarded under this section may not exceed #ejj1jjj4 7d7 ,use of funds 7#a7 ,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 businesses4 ,the partnership may take such form as the ,secretary considers appropriate1 including one or more subgrants from the ,state or political subdivision to the incubator or incubators4 7#b7 ,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 businesses1 including-- 7,a7 purchase or rental of land2 7,b7 modification of buildings2 7,c7 charges for utility services or broadband service2 7,d7 fees of consultants for the provision of technical or professional assistance2 7,e7 costs of promoting the incubator or incubators2 and 7,f7 any other such expense that the ,secretary considers appropriate4 7e7 ,matching requirement ,a ,state or political subdivision of a ,state may not partner with an incubator 7or group of incubators7 in implementing a grant under this section unless the incubator 7or group of incubators7 agrees that1 with respect to the expenses to be incurred in carrying out activities within the scope of the partnership1 the incubator 7or group of incubators7 will make available from private funds contributions in an amount equal to not less than #ej percent of the amount made available by the ,state or political subdivision from grant funds under this section4 7f7 ,report to ,congress ,not later than #ahj days after the end of fiscal year #bjbd1 the ,secretary shall submit to ,congress a report on the results achieved by the grant program established under this section4 ,such report shall include recommendations of the ,secretary with respect to extending1 expanding1 or improving the program4 7g7 ,definitions ,in this section3 7#a7 ,incubator ,the term incubator means a private-sector entity that-- 7,a7 provides start-ups with workspace and other resources 7such as utilities1 broadband service1 and technical or professional assistance7 for use in developing their businesses2 and 7,b7 may charge start-ups a reasonable fee for such resources4 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,commerce4 7#c7 ,start-up ,the term start-up means any business entity 7including an individual operating an unincorporated business7 that1 as of the time the entity receives resources from an incubator-- 7,a7 has been in operation for not more than #e years2 7,b7 has not more than #e employees2 and 7,c7 for the most recently completed fiscal year of the entity 7if any7 and any preceding fiscal year1 has annual gross revenues of less than #aej1jjj4 7#d7 ,state ,the term ,state means each of the several ,states1 the ,district of ,columbia1 each commonwealth1 territory1 or possession of the ,united ,states1 and each federally recognized ,indian tribe4 7h7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #e1jjj1jjj1 of which not more than #e percent shall be available for the costs of administering the grant program established under this section1 for each of the fiscal years #bjba through #bjbe4 ,,ee ,improving ,contract ,procurement for ,small ,businesses through ,more ,accurate ,reporting #acija4 ,short title ,this subtitle may be cited as the ,improving ,contract ,procurement for ,small ,businesses through ,more ,accurate ,reporting ,act of #bjbj4 #acijb4 ,reporting requirements for certain small business concerns ,section #ae7;h77#b77;,e7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fdd7;h77#b77;,e77 is amended-- 7#a7 in clause 7i7-- 7,a7 in subclause 7,,iii71 by striking and at the end2 and 7,b7 by adding at the end the following new subclauses3 7,v7 that were purchased by another entity after the initial contract was awarded and as a result of the purchase1 would no longer be deemed to be small business concerns for purposes of the initial contract2 and 7,,vi7 that were awarded using a procurement method that restricted competition to small business concerns owned and controlled by service-disabled veterans1 qualified ,h,u,b,zone small business concerns1 small business concerns owned and controlled by socially and economically disadvantaged individuals1 small business concerns owned and controlled by women1 or a subset of any such concerns2 2 7#b7 in clause 7ii7-- 7,a7 in subclause 7,,iv71 by striking and at the end2 and 7,b7 by adding at the end the following new subclauses3 7,,vi7 that were purchased by another entity after the initial contract was awarded and as a result of the purchase1 would no longer be deemed to be small business concerns owned and controlled by service-disabled veterans for purposes of the initial contract2 and 7,,vii7 that were awarded using a procurement method that restricted competition to qualified ,h,u,b,zone small business concerns1 small business concerns owned and controlled by socially and economically disadvantaged individuals1 small business concerns owned and controlled by women1 or a subset of any such concerns2 2 7#c7 in clause 7iii7-- 7,a7 in subclause 7,v71 by striking and at the end2 and 7,b7 by adding at the end the following new subclauses3 7,,vii7 that were purchased by another entity after the initial contract was awarded and as a result of the purchase1 would no longer be deemed to be qualified ,h,u,b,zone small business concerns for purposes of the initial contract2 and 7,,viii7 that were awarded using a procurement method that restricted competition to small business concerns owned and controlled by service-disabled veterans1 small business concerns owned and controlled by socially and economically disadvantaged individuals1 small business concerns owned and controlled by women1 or a subset of any such concerns2 2 7#d7 in clause 7iv7-- 7,a7 in subclause 7,v71 by striking and at the end2 and 7,b7 by adding at the end the following new subclauses3 7,,vii7 that were purchased by another entity after the initial contract was awarded and as a result of the purchase1 would no longer be deemed to be small business concerns owned and controlled by socially and economically disadvantaged individuals for purposes of the initial contract2 and 7,,viii7 that were awarded using a procurement method that restricted competition to small business concerns owned and controlled by service-disabled veterans1 qualified ,h,u,b,zone small business concerns1 small business concerns owned and controlled by women1 or a subset of any such concerns2 2 7#e7 in clause 7v7-- 7,a7 in subclause 7,,iv71 by striking and at the end2 7,b7 in subclause 7,v71 by inserting and at the end2 and 7,c7 by adding at the end the following new subclause3 7,,vi7 that were purchased by another entity after the initial contract was awarded and as a result of the purchase1 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 contract2 2 7#f7 in clause 7vi7-- 7,a7 in subclause 7,,iv71 by striking and at the end2 7,b7 in subclause 7,v71 by inserting and at the end2 and 7,c7 by adding at the end the following new subclause3 7,,vi7 that were purchased by another entity after the initial contract was awarded and as a result of the purchase1 would no longer be deemed to be small business concerns owned by a ,native ,hawaiian ,organization for purposes of the initial contract2 2 7#g7 in clause 7vii7-- 7,a7 in subclause 7,,iv71 by striking and at the end2 7,b7 in subclause 7,v71 by striking and at the end2 and 7,c7 by adding at the end the following new subclause3 7,,vi7 that were purchased by another entity after the initial contract was awarded and as a result of the purchase1 would no longer be deemed to be small business concerns owned by an ,alaska ,native ,corporation for purposes of the initial contract2 and 2 and 7#h7 in clause 7viii7-- 7,a7 in subclause 7,,vii71 by striking and at the end2 7,b7 in subclause 7,,viii71 by striking and at the end2 and 7,c7 by adding at the end the following new subclauses3 7,,ix7 that were purchased by another entity after the initial contract was awarded and as a result of the purchase1 would no longer be deemed to be small business concerns owned and controlled by women for purposes of the initial contract2 and 7,x7 that were awarded using a procurement method that restricted competition to small business concerns owned and controlled by service-disabled veterans1 qualified ,h,u,b,zone small business concerns1 small business concerns owned and controlled by socially and economically disadvantaged individuals1 or a subset of any such concerns2 and 4 ,,ff ,expanding ,broadcast ,ownership ,opportunities #adbja4 ,short title ,this subtitle may be cited as the ,expanding ,broadcast ,ownership ,opportunities ,act of #bjbj4 #adbjb4 ,findings ,congress finds the following3 7#a7 ,one of the main missions of the ,federal ,communications ,commission1 and a compelling governmental interest1 is to ensure that there is a diversity of ownership and viewpoints in the broadcasting industry4 7#b7 ,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 stations4 7#c7 ,data from #bjad shows that1 of the over #a1gjj commercial broadcast television stations in the ,united ,states1 less than #f percent are owned by women1 and less than #c percent are minority-owned4 ,with respect to radio stations1 women owned approximately #g percent of ,,fm broadcast radio stations1 and minorities owned less than #c percent of such stations4 7#d7 ,women and minority ownership is #e to #aj times higher in other industries than in the broadcasting industry4 7#e7 ,during the #ag years that a minority tax certificate program was in place at the ,commission 7from #aigh to #aiie71 the ,commission issued #bhg certificates for radio stations and #dj certificates for television stations4 7#f7 ,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 stations4 #adbjc4 ,,fcc reports to ,congress 7a7 ,biennial report containing recommendations for increasing number of minority- and women-,owned broadcast stations ,not later than #ahj days after the date of the enactment of this ,act1 and not less frequently than every #b years thereafter1 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 women1 or by both members of minority groups and women4 7b7 ,biennial report on number of minority- and women-,owned broadcast stations ,not later than #ahj days after the date of the enactment of this ,act1 and not less frequently than every #b years thereafter1 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 women1 or by both members of minority groups and women1 based on data reported to the ,commission on ,form #cbc4 #adbjd4 ,tax certificate program for broadcast station transactions furthering ownership by socially disadvantaged individuals 7a7 ,requirements for issuance of certificate by ,,fcc 7#a7 ,in general ,part ,i of title ,,iii of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cja et seq47 is amended by adding at the end the following3 #cdd4 ,tax certificate program for broadcast station transactions furthering ownership by socially disadvantaged individuals 7a7 ,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 7b71 subject to the rules adopted by the ,commission under subsection 7c71 the ,commission shall issue to such person a certificate stating that such sale meets the requirements of this section4 7b7 ,sales described ,the sales described in this subsection are the following3 7#a7 ,sale resulting in or preserving ownership by socially disadvantaged individuals ,a sale of an interest in a broadcast station if1 immediately following the sale1 the station is owned by socially disadvantaged individuals 7regardless of whether the station was owned by socially disadvantaged individuals before the sale74 7#b7 ,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 individuals1 a sale by such person of some or all of such interest4 7c7 ,rules ,the ,commission shall adopt rules for the issuance of a certificate under subsection 7a7 that provide for the following3 7#a7 ,limit on value of sale ,a limit on the value of an interest the sale of which qualifies for the issuance of such a certificate4 ,the limit shall be no lower than #aj1jjj1jjj and no higher than #ej1jjj1jjj4 7#b7 ,minimum holding period ,in the case of a sale described in subsection 7b77#a71 a minimum period following the sale during which the broadcast station must remain owned by socially disadvantaged individuals4 ,the minimum period shall be no longer than #c years4 7#c7 ,cumulative limit on number or value of sales ,a limit on the total number of sales or the total value of sales1 or both1 for which a person may be issued certificates under subsection 7a74 7#d7 ,participation in station management by socially disadvantaged individuals ,requirements for participation by socially disadvantaged individuals in the management of the broadcast station4 7d7 ,annual report to ,congress ,the ,commission shall submit to ,congress an annual report describing the sales for which certificates have been issued under subsection 7a7 during the period covered by the report4 7e7 ,definitions ,in this section3 7#a7 ,owned by socially disadvantaged individuals ,the term owned by socially disadvantaged individuals means1 with respect to a broadcast station1 that-- 7,a7 such station is at least #ea percent owned by one or more socially disadvantaged individuals1 or1 in the case of any publicly owned broadcast station1 at least #ea percent of the stock of such station is owned by one or more socially disadvantaged individuals2 and 7,b7 the management and daily business operations of such station are controlled by one or more of such individuals4 7#b7 ,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 individual4 4 7#b7 ,deadline for adoption of rules ,the ,commission shall adopt rules to implement section #cdd of the ,communications ,act of #aicd1 as added by paragraph 7#a71 not later than #a year after the date of the enactment of this ,act4 7#c7 ,report to ,congress on program expansion ,not later than #f years after the date of the enactment of this ,act1 the ,commission shall submit to ,congress a report regarding whether ,congress should expand section #cdd of the ,communications ,act of #aicd1 as added by paragraph 7#a71 beyond broadcast stations to cover other entities regulated by the ,commission4 7#d7 ,examination and report to ,congress on nexus between diversity of ownership and diversity of viewpoint 7,a7 ,examination ,not later than #fj days after the date of the enactment of this ,act1 the ,commission shall initiate an examination of whether there is a nexus between diversity of ownership or control of broadcast stations 7including ownership or control by members of minority groups or women1 or by both members of minority groups and women7 and diversity of the viewpoints expressed in the matter broadcast by broadcast stations4 7,b7 ,report to ,congress ,not later than #b years after the date of the enactment of this ,act1 the ,commission shall submit to ,congress a report on the findings of the ,commission in the examination under subparagraph 7,a71 including supporting data4 7b7 ,nonrecognition of gain or loss for tax purposes 7#a7 ,in general ,subchapter ,o of chapter #a of the ,internal ,revenue ,code of #aihf is amended by inserting after part ,,iv the following new part3 ,v ,sale of ,interest in ,certain ,broadcast ,stations #ajga4 ,nonrecognition of gain or loss from sale of interest in certain broadcast stations 7a7 ,nonrecognition of gain or loss ,if a sale of an interest in a broadcast station1 within the meaning of section #cdd of the ,communications ,act of #aicd1 is certified by the ,federal ,communications ,commission under such section1 such sale shall1 if the taxpayer so elects1 be treated as an involuntary conversion of such property within the meaning of section #ajcc4 ,for purposes of such section as made applicable by the provisions of this section1 stock of a corporation operating a broadcast station shall be treated as property similar or related in service or use to the property so converted4 ,the part of the gain1 if any1 on such sale to which section #ajcc is not applied shall nevertheless not be recognized1 if the taxpayer so elects1 to the extent that it is applied to reduce the basis for determining gain or loss on any such sale1 of a character subject to the allowance for depreciation under section #afg1 remaining in the hands of the taxpayer immediately after the sale1 or acquired in the same taxable year4 ,the manner and amount of such reduction shall be determined under regulations prescribed by the ,secretary4 ,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 place1 and such election shall be binding for the taxable year and all subsequent taxable years4 7b7 ,minimum holding period2 continued management ,if-- 7#a7 there is nonrecognition of gain or loss to a taxpayer under this section with respect to a sale of property 7determined without regard to this paragraph71 and 7#b7 the taxpayer ceases to fulfill any requirements of the rules adopted by the ,federal ,communications ,commission under paragraph 7#b7 or 7#d7 of section #cdd7;c7 of the ,communications ,act of #aicd 7as such rules are in effect on the date of such sale71 there shall be no nonrecognition of gain or loss under this section to the taxpayer with respect to such sale1 except that any gain or loss recognized by the taxpayer by reason of this subsection shall be taken into account as of the date on which the taxpayer so ceases to fulfill such requirements4 7c7 ,basis ,for basis of property acquired on a sale treated as an involuntary conversion under subsection 7a71 see section #ajcc7;b74 4 7#b7 ,clerical amendment ,the table of parts for subchapter ,o of chapter #a of the ,internal ,revenue ,code of #aihf is amended by inserting after the item related to part ,,iv the following new part3 ,part ,v--,sale of ,interest in ,certain ,broadcast ,stations ,section #ajga4 ,nonrecognition of gain or loss from sale of interest in certain broadcast stations4 4 7c7 ,effective date ,the amendments made by this section shall apply with respect to sales of interests in broadcast stations after the date that is #a year after the date of the enactment of this ,act4 7d7 ,sunset ,the amendments made by this section shall not apply with respect to sales of interests in broadcast stations after the date that is #af years after the date of the enactment of this ,act4 #adbje4 ,incubator program ,not later than #ahj days after the date of the enactment of this ,act1 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 services1 ,,mb ,docket ,no4 #ag-bhi1 ,,fcc #ah-aad1 adopted on ,august #b1 #bjah1 to do the following3 7#a7 ,expand the incubator program provided for in such ,report and ,order to permit a licensee to provide financial support or operational support1 or both1 to a qualifying incubated entity that owns or wants to own a television broadcast station4 7#b7 ,expand the eligibility criteria for an incubated entity under such program to include broadcast stations owned by socially disadvantaged individuals4 #adbjf4 ,definitions ,in this subtitle3 7#a7 ,broadcast station ,the term broadcast station has the meaning given such term in section #c of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aec74 7#b7 ,commission ,the term ,commission means the ,federal ,communications ,commission4 7#c7 ,owned by socially disadvantaged individuals ,the term owned by socially disadvantaged individuals has the meaning given such term in section #cdd of the ,communications ,act of #aicd1 as added by section #abdjd4 ,,gg ,promote ,startups ,act #adcja4 ,short title ,this subtitle may be cited as the ,promote ,startups ,act of #bjbj4 #adcjb4 ,permanent increase of limitation on deduction for start-upand organizational expenditures 7a7 ,start-,up expenditures 7#a7 ,in general ,section #aie7;b77#a77;,a77ii7 of the ,internal ,revenue ,code of #aihf is amended-- 7,a7 by striking #e1jjj and inserting #ae1jjj1 and 7,b7 by striking #ej1jjj and inserting #aej1jjj4 7#b7 ,conforming amendment ,section #aie7;b7 of such ,code is amended by striking paragraph 7#c74 7b7 ,organizational expenditures ,section #bdh7;a77#a77;,b7 of such ,code is amended-- 7#a7 by striking #e1jjj and inserting #aj1jjj1 and 7#b7 by striking #ej1jjj and inserting #fj1jjj4 7c7 ,effective date ,the amendments made by this section shall apply to amounts paid or incurred with respect to-- 7#a7 in the case of the amendments made by subsection 7a71 trades or businesses beginning in taxable years beginning after ,december #ca1 #bjaf1 and 7#b7 in the case of the amendments made by subsection 7b71 corporations the business of which begins in taxable years beginning after such date4 ,,hh ,inspector ,general report on participation in ,,faa programs by disadvantaged small business concerns #adeja4 ,inspector ,general report on participation in ,,faa programs by disadvantaged small business concerns ,section #adj of the ,,faa ,modernization and ,reform ,act of #bjab is amended-- 7#a7 in subsection 7c7-- 7,a7 in paragraph 7#a7 by striking each of fiscal years #bjac through #bjah and inserting fiscal year #bjbj and periodically thereafter2 and 7,b7 in paragraph 7#c77;,a7 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 7a71 a list2 and 7#b7 by adding at the end the following3 7d7 ,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 7c7 and shall include in each semiannual report of the ,inspector ,general that is submitted to ,congress a description of the results of such assessment4 4 #adejb4 ,minority and disadvantaged business participation ,section #dgaac of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7c7-- 7,a7 by striking ,the ,secretary shall and inserting the following3 7#a7 ,in general ,the ,secretary shall 2 and 7,b7 by adding at the end the following3 7#b7 ,consistency of information ,the ,secretary shall develop and maintain a training program-- 7,a7 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 7and for employees of the other modal administrations of the ,department of ,transportation who provide similar services72 and 7,b7 that ensures ,federal officials provide consistent communications with respect to certification requirements4 7#c7 ,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-- 7,a7 updated at least twice each year2 and 7,b7 made available to the public4 2 7#b7 in subsection 7e7 by adding at the end the following3 7#d7 ,reporting ,the ,secretary shall determine1 for each fiscal year1 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 ,secretary4 ,if the ,secretary determines1 with respect to a fiscal year1 that fewer individuals received training under this subsection than in the previous fiscal year1 the ,secretary shall submit to ,congress1 and make available to the public on an appropriate website operated by the ,secretary1 a report describing the reasons for the decrease4 7#e7 ,assessment ,not later than #b years after the date of enactment of this paragraph1 and every #b years thereafter1 the ,secretary shall assess the training program1 including by soliciting feedback from stakeholders1 and update the training program as appropriate4 2 and 7#c7 by adding at the end the following3 7f7 ,trend assessment 7#a7 ,in general ,not later than #b years after the date of enactment of this subsection1 and at least every #b years thereafter1 the ,secretary shall study1 using information reported by airports1 trends in the participation of small business concerns referred to in subsection 7b74 7#b7 ,contents ,the study under paragraph 7#a7 shall include-- 7,a7 an analysis of whether the participation of small business concerns referred to in subsection 7b7 at reporting airports increased or decreased during the period studied1 including for such concerns that were first time participants2 7,b7 an analysis of the factors relating to any significant increases or decreases in participation compared to prior years2 and 7,c7 development of a plan to respond to the results of the study1 including development of recommendations for sharing best practices for maintaining or boosting participation4 7#c7 ,reporting ,for each study completed under paragraph 7#a71 the ,secretary shall submit to ,congress1 and make available to the program contact at each airport that participates in the airport disadvantaged business enterprise program1 a report describing the results of the study4 4 #adejc4 ,passenger facility charges ,section #djaag7;c7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7#e7 ,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 #adj7;a7 of the ,,faa ,modernization and ,reform ,act of #bjab 7#di ,u4,s4,c4 #dgaac note71 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 businesses1 including those owned by veterans1 fairly compete for work funded with passenger facility charges4 4 #adejd4 ,annual tracking of certain new firms at airports with a disadvantaged business enterprise program 7a7 ,tracking required ,beginning in fiscal year #bjbj1 and each fiscal year thereafter1 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 airport4 7b7 ,training ,the ,administrator shall provide training to airports1 on an ongoing basis1 with respect to compliance with subsection 7a74 7c7 ,reporting ,during the first fiscal year beginning after the date of enactment of this ,act and every fiscal year thereafter1 the ,administrator shall update db,e-,connect 7or any successor online reporting system7 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 airport4 7d7 ,covered airport defined ,in this section1 the term covered airport means a large- or medium-hub airport that participates in the airport disadvantaged business enterprise program referenced in section #adj7;a7 of the ,,faa ,modernization and ,reform ,act of #bjab 7#di ,u4,s4,c4 #dgaac note74 #adeje4 ,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 ,administration4 ,,ii ,disabled ,access ,credit ,expansion #adfja4 ,short title ,this subtitle may be cited as the ,disabled ,access ,credit ,expansion ,act4 #adfjb4 ,expansion of credit for expenditures to provide access to disabled individuals 7a7 ,increase in dollar limitation 7#a7 ,in general ,subsection 7a7 of section #dd of the ,internal ,revenue ,code of #aihf is amended by striking #aj1bej and inserting #bj1ejj4 7#b7 ,inflation adjustment ,section #dd of such ,code is amended by redesignating subsection 7e7 as subsection 7f7 and by inserting after subsection 7d7 the following new subsection3 7e7 ,inflation adjustment 7#a7 ,in general ,in the case of any taxable year beginning after #bjbj1 the #bj1ejj amount in subsection 7a7 shall be increased by an amount equal to-- 7,a7 such dollar amount1 multiplied by 7,b7 the cost of living adjustment determined under section #a7;f77#c7 for the calendar year in which the taxable year begins1 determined by substituting calendar year #bjai for calendar year #bjaf in subparagraph 7,a77ii7 thereof4 7#b7 ,rounding ,any amount determined under paragraph 7#a7 which is not a multiple of #ej shall be rounded to the next lowest multiple of #ej4 4 7b7 ,increase in gross receipts limitation ,subparagraph 7,a7 of section #dd7;b77#a7 of the ,internal ,revenue ,code of #aihf is amended by striking #a1jjj1jjj and inserting #b1ejj1jjj4 7c7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjai4 #adfjc4 ,alternative means of dispute resolution involving disability rights 7a7 ,findings ,congress finds the following3 7#a7 ,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 ,justice4 7#b7 ,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 ,justice4 ,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 7referred to in this subsection as the ,,few appropriations account74 7#c7 ,the total amount appropriated to the ,office of ,alternative ,dispute ,resolution through the ,,few appropriations account for fiscal year #bjah is #c1fei1edd4 7#d7 ,out of this amount1 the ,office of ,alternative ,dispute ,resolution funds mediation for all of the litigating units within the ,department of ,justice4 7#e7 ,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 program4 7#f7 ,voluntary mediation1 under section #ead of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abbab71 of disputes between individuals and entities covered by the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq47 requires specific expertise4 7#g7 ,to best serve the disability community1 and entities covered by that ,act1 the ,,ada ,mediation ,program should be able to use funds to increase personnel and provide training concerning the program4 7b7 ,,ada ,mediation ,program 7#a7 ,in general ,the ,attorney ,general shall carry out an ,,ada ,mediation ,program 7referred to in this section as the ,program74 7#b7 ,duties and authorities ,in carrying out the ,program1 the ,attorney ,general-- 7,a7 shall facilitate voluntary mediation to resolve disputes arising under the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq472 7,b7 may hire or enter into contracts with personnel for the ,program1 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 section2 and 7,c7 provide training for mediators who provide services through the ,program4 7#c7 ,authorization of appropriations 7,a7 ,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 ,activities1 to carry out this section1 #a1jjj1jjj 7in addition to any other amounts appropriated to that account7 for fiscal year #bjba4 7,b7 ,availability of funds ,funds appropriated under subparagraph 7,a7 may be used to pay for obligations incurred through the ,program prior to the date of enactment of this section4 #adfjd4 ,,ada ,information ,line data collection report 7a7 ,findings ,congress finds the following3 7#a7 ,as of ,august #aj1 #bjah1 during fiscal year #bjah1 accessibility specialists have answered approximately #ch1ace calls to the ,,ada ,information ,line4 7#b7 ,the ,,ada ,information ,line receives on average approximately #a1jjj calls per week1 and does not typically collect data about the kinds of calls it receives4 7#c7 ,the ,,ada ,information ,line takes calls from a variety of individuals and entities interested in the ,americans with ,disabilities ,act of #aiij1 including-- 7,a7 employers covered by such ,act2 7,b7 architects and others who work with such employers2 7,c7 public entities1 such as schools and public service providers2 7,d7 individuals with disabilities2 and 7,e7 entities that provide public accommodations4 7#d7 ,,ada4gov provides many resources to individuals and entities1 public or private1 looking for information on such ,act4 7b7 ,definitions ,in this section-- 7#a7 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 #aiij 7#db ,u4,s4,c4 #abaja et seq471 including regulations issued under the ,act and technical assistance in accordance with section #ejg of the ,act 7#db ,u4,s4,c4 #abbjf72 and 7#b7 the term disability1 with respect to an individual1 has the meaning given such term in section #c of such ,act 7#db ,u4,s4,c4 #abajb74 7c7 ,report ,not later than #b years after the date of enactment of this ,act1 the ,attorney ,general shall submit a report to each committee of ,congress-- 7#a7 outlining the kinds of calls the ,,ada ,information ,line receives2 7#b7 detailing the efforts of the ,department of ,justice to educate individuals and entities about the existence of the ,,ada ,information ,line2 and 7#c7 providing recommendations on improvements that can be made to provide additional support to individuals with disabilities1 and entities covered by the ,americans with ,disabilities ,act of #aiij1 seeking information on such ,act4 ,,jj ,,rescue ,act for ,black and ,community ,banks #adgja4 ,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 ,banks4 #adgjb4 ,regulation of ,black and ,community ,banks 7a7 ,office of ,black and ,community ,banks 7#a7 ,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 ,banks4 7#b7 ,supervision and examination of ,black banks and community banks ,the ,comptroller of the ,currency1 acting through the ,office of ,black and ,community ,banks1 shall supervise and examine ,black banks and community banks4 7#c7 ,regulatory relief 7,a7 ,in general ,the ,comptroller shall issue regulations to partially or completely exempt ,black banks and community banks from ,federal banking statutes and regulations1 to the extent the ,comptroller determines it appropriate without endangering the safety and soundness of such banks4 7,b7 ,treatment of manual underwriting ,for purposes of risk-based capital requirements for ,black banks and community banks1 the ,comptroller shall issue regulations to assign a lower level of risk to loans that are issued by such banks using manual underwriting1 in recognition of the individualized scrutiny provided by manual underwriting4 7,c7 ,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 lending4 7b7 ,regulatory relief under the securities laws 7#a7 ,investment products ,with respect to investment products sold by a ,black bank or a community bank 7or an affiliate of such bank7 to individuals in the community in which such bank is located1 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 laws1 to the extent the ,commission determines it appropriate without endangering the protection of investors4 7#b7 ,securities 7,a7 ,in general ,the ,securities and ,exchange ,commission shall issue regulations to reduce the regulatory burden applicable to ,black banks and community banks-- 7i7 under the amendments made by the ,jumpstart ,our ,business ,startups ,act2 7ii7 issuing mortgage-backed securities2 and 7iii7 issuing securities backed by loans guaranteed by the ,small ,business ,act4 7,b7 ,crowdfunding exemption ,section #d;,a of the ,securities ,act of #aicc 7#ae ,u4,s4,c4 #gg;d-#a7 shall not apply to ,black banks or community banks4 7c7 ,conforming change to definition of appropriate ,federal banking agency ,section #c7q77#a7 of the ,federal ,deposit ,insurance ,act 7#ab ,u4,s4,c4 #ahac7q77#a77 is amended-- 7#a7 in subparagraph 7,b71 by striking and at the end2 7#b7 in subparagraph 7,c71 by adding and at the end2 and 7#c7 by adding at the end the following3 7,d7 notwithstanding paragraphs 7#b7 and 7#c71 any ,black bank or community bank 7as such terms are defined under section #adgje of the ,,rescue ,act for ,black and ,community ,banks72 4 #adgjc4 ,codification of the ,minority ,bank ,deposit ,program 7a7 ,in general 7#a7 ,in general ,section #abjd of the ,financial ,institutions ,reform1 ,recovery1 and ,enforcement ,act of #aihi 7#ab ,u4,s4,c4 #ahaa note7 is amended to read as follows3 #abjd4 ,expansion of use of minority banks1 women's banks1 and low-income credit unions 7a7 ,minority ,bank ,deposit ,program 7#a7 ,establishment ,there is established a program to be known as the ,minority ,bank ,deposit ,program to expand the use of minority banks1 women's banks1 and low-income credit unions4 7#b7 ,administration ,the ,secretary of the ,treasury1 acting through the ,fiscal ,service1 shall-- 7,a7 on application by a depository institution or credit union1 certify whether such depository institution or credit union is a minority bank1 women's bank1 or low-income credit union2 7,b7 maintain and publish a list of all depository institutions and credit unions that have been certified pursuant to subparagraph 7,a72 7,c7 periodically distribute the list described in subparagraph 7,b7 to-- 7i7 all ,federal departments and agencies2 7ii7 interested ,state and local governments2 and 7iii7 interested private sector companies2 and 7,d7 support the creation of ratings1 online ,black bank resources1 and database products1 including online lending and investment facilities4 7#c7 ,inclusion of certain entities on list ,a depository institution or credit union that1 on the date of the enactment of this section1 has a current certification from the ,secretary of the ,treasury stating that such depository institution or credit union is a minority bank1 women's bank1 or low-income credit union shall be included on the list described under paragraph 7#b77;,b74 7b7 ,expanded use among ,federal departments and agencies 7#a7 ,in general ,not later than #a year after the establishment of the program described in subsection 7a71 the head of each ,federal department or agency shall develop and implement standards and procedures to ensure1 to the maximum extent possible as permitted by law1 the use of minority banks1 women's banks1 and low-income credit unions to serve the financial needs of each such department or agency4 7#b7 ,minimum requirement ,notwithstanding paragraph 7#a71 the head of each ,federal department or agency shall ensure that at least #aj percent of the financial needs of each such department or agency are met by the use of minority banks1 women's banks1 and low-income credit unions4 7#c7 ,report to ,congress ,not later than #b years after the establishment of the program described in subsection 7a71 and annually thereafter1 the head of each ,federal department or agency shall submit to ,congress a report on the actions taken to increase the use of minority banks1 women's banks1 and low-income credit unions to serve the financial needs of each such department or agency4 7c7 ,definitions ,for purposes of this section3 7#a7 ,credit union ,the term credit union has the meaning given the term insured credit union in section #aja of the ,federal ,credit ,union ,act 7#ab ,u4,s4,c4 #ageb74 7#b7 ,depository institution ,the term depository institution has the meaning given the term insured depository institution in section #c of the ,federal ,deposit ,insurance ,act 7#ab ,u4,s4,c4 #ahac74 7#c7 ,low-income credit union ,the term low-income credit union means any entity described in section #ai7;b77#a77;,a77iv7 of the ,federal ,reserve ,act4 7#d7 ,minority ,the term minority means any ,black ,american1 ,native ,american1 ,hispanic ,american1 or ,asian ,american4 7#e7 ,minority bank ,the term minority bank means any bank described in clause 7i71 7ii71 or 7iii7 of section #ai7;b77#a77;,a7 of the ,federal ,reserve ,act for which-- 7,a7 more than #ej percent of the outstanding shares of which are held by #a or more minority individuals2 7,b7 the majority of the directors on the board of directors of which are minority individuals2 and 7,c7 a significant percentage of senior management positions of which are held by minority individuals4 7#f7 ,women's bank ,the term women's bank means any bank described in clause 7i71 7ii71 or 7iii7 of section #ai7;b77#a77;,a7 of the ,federal ,reserve ,act for which-- 7,a7 more than #ej percent of the outstanding shares of which are held by #a or more women2 7,b7 the majority of the directors on the board of directors of which are women2 and 7,c7 a significant percentage of senior management positions of which are held by women4 4 7#b7 ,conforming ,amendments ,the following provisions are amended by striking #abjd7;c77#c7 and inserting #abjd7;c73 7,a7 ,section #hjh7;b77#c7 of the ,community ,reinvestment ,act of #aigg 7#ab ,u4,s4,c4 #bijg7;b77#c774 7,b7 ,section #dj7;g77#a77;,b7 of the ,federal ,deposit ,insurance ,act 7#ab ,u4,s4,c4 #ahcaq7g77#a77;,b774 7,c7 ,section #gjd;,b7h77#d7 of the ,equal ,credit ,opportunity ,act 7#ae ,u4,s4,c4 #afia;c-#b7;h77#d774 7b7 ,amendments to the ,community ,reinvestment ,act ,section #hjd7;b7 of the ,community ,reinvestment ,act of #aigg 7#ab ,u4,s4,c4 #bijc7;b77 is amended to read as follows3 7b7 ,cooperation with ,minority ,banks1 ,women's ,banks1 and ,low-,income ,credit ,unions ,considered 7#a7 ,in general ,in assessing and taking into account1 under subsection 7a71 the record of a financial institution1 the appropriate ,federal financial supervisory agency shall consider as a factor capital investment1 loan participation1 and other ventures undertaken by the institution in cooperation with minority banks1 women's banks1 community development financial institutions1 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 chartered4 7#b7 ,definitions 7,a7 ,,firrea definitions ,the terms low-income credit union1 minority bank1 and women's bank have the meanings given such terms1 respectively1 in section #abjd7;c7 of the ,financial ,institutions ,reform1 ,recovery1 and ,enforcement ,act of #aihi 7#ab ,u4,s4,c4 #ahaa note74 7,b7 ,community development financial institution ,the term community development financial institution has the meaning given in section #ajc7e7 of the ,riegle ,community ,development and ,regulatory ,improvement ,act of #aiid 7#ab ,u4,s4,c4 #dgjb7e774 4 7c7 ,considerations when assessing financial inclusion for federally chartered financial institutions 7#a7 ,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 institution1 the ,comptroller shall consider as a factor capital investment1 loan participation1 and other ventures undertaken by the bank in cooperation with ,black banks1 women's banks1 community development financial institutions1 and low-income credit unions1 provided that these activities help meet the financial needs of local communities in which the federally chartered financial institution provides financial products or services4 7#b7 ,definitions ,for purposes of this section3 7,a7 ,community development financial institution ,the term community development financial institution has the meaning given in section #ajc7e7 of the ,riegle ,community ,development and ,regulatory ,improvement ,act of #aiid 7#ab ,u4,s4,c4 #dgjb7e774 7,b7 ,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 community1 including low- and moderate-income neighborhoods1 consistent with the safe and sound operation of such bank4 7,c7 ,financial product or service ,the term financial product or service has the meaning given such term in section #ajjb of the ,dodd-,frank ,wall ,street ,reform and ,consumer ,protection ,act 7#ab ,u4,s4,c4 #edha74 7,d7 ,,firrea definitions ,the terms low-income credit union and women's bank have the meanings given such terms1 respectively1 in section #abjd7;c7 of the ,financial ,institutions ,reform1 ,recovery1 and ,enforcement ,act of #aihi 7#ab ,u4,s4,c4 #ahaa note74 #adgjd4 ,,gao ,studies 7a7 ,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-- 7#a7 surveying communities and specifically talking to ,black banks1 community banks1 and ,c,d,f,is that wish to receive the tax credit about why they are not receiving the tax credit2 7#b7 determining where the tax credit money actually went and what it was used for2 and 7#c7 to the extent possible1 using a case study approach4 7b7 ,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 #ajj1jjj or less1 including-- 7#a7 who is making such loans currently2 7#b7 how communities are encouraging such loans2 7#c7 what changes could encourage banks and other persons to provide more such loans2 and 7#d7 any statutory or regulatory changes that the ,comptroller believes may be needed to encourage more such loans4 7c7 ,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 companies4 #adgje4 ,definitions ,for purposes of this subtitle3 7#a7 ,black bank ,the term ,black bank means an insured depository institution-- 7,a7 more than #ej percent of the ownership or control of which is held by #a or more ,black individuals2 and 7,b7 more than #ej percent of the net profit or loss of which accrues to #a or more ,black individuals4 7#b7 ,,cdfi ,the term ,,cdfi has the meaning given the term community development financial institution under section #ajc of the ,community ,development ,banking and ,financial ,institutions ,act of #aiid4 7#c7 ,community bank ,the term community bank means an insured depository institution with less than #ajj1jjj1jjj in consolidated assets4 7#d7 ,comptroller ,the term ,comptroller means the ,comptroller of the ,currency1 except when used in the context of the ,comptroller ,general of the ,united ,states4 7#e7 ,insured credit union ,the term insured credit union has the meaning given such term under section #aja of the ,federal ,credit ,union ,act4 7#f7 ,insured depository institution ,the term insured depository institution-- 7,a7 has the meaning given such term under section #c of the ,federal ,deposit ,insurance ,act2 and 7,b7 includes an insured credit union4 7#g7 ,securities laws ,the term securities laws has the meaning given such term under section #c of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;c74 ,,kk ,small ,business ,start-up ,savings ,accounts #adhja4 ,short title ,this subtitle may be cited as the ,small ,business ,start-up ,savings ,accounts ,act of #bjbj4 #adhjb4 ,establishment of ,small ,business ,start-up ,savings ,accounts 7a7 ,in general ,subpart ,a of part ,i of subchapter ,d of chapter #a of the ,internal ,revenue ,code of #aihf is amended by inserting after section #djh;,a the following new section3 #djh;,b4 ,small ,business ,start-up ,savings ,accounts 7a7 ,general rule ,except as provided in this section1 a ,small ,business ,start-up ,savings ,account shall be treated for purposes of this title in the same manner as an individual retirement plan4 7b7 ,small business start-,up savings account ,for purposes of this title1 the term ,small ,business ,start-up ,savings ,account means an individual retirement plan which is designated 7in such manner as the ,secretary may prescribe7 at the time of establishment of the plan as a ,small ,business ,start-up ,savings ,account4 7c7 ,treatment of contributions 7#a7 ,no deduction allowed ,no deduction shall be allowed under section #bai for a contribution to a ,small ,business ,start-up ,savings ,account4 7#b7 ,contribution limit 7,a7 ,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 #aj1jjj4 7,b7 ,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 #aej1jjj4 7,c7 ,cost of living adjustment 7i7 ,in general ,in the case of a taxable year beginning after #bjai1 the #aj1jjj amount in subparagraph 7,a7 shall be increased by an amount equal to-- 7,i7 such dollar amount1 multiplied by 7,,ii7 the cost-of-living adjustment determined under section #a7;f77#c7 for the calendar year in which the taxable year begins1 determined by substituting calendar year #bjbj for calendar year #aiib in subparagraph 7,b7 thereof4 7ii7 ,rounding ,if any amount as adjusted under clause 7i7 is not a multiple of #ejj1 such amount shall be rounded to the next lowest multiple of #ejj4 7#c7 ,contributions permitted after age #gj ,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 #gj4 7#d7 ,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 7as defined in section #djb7;c77#h77;,b771 except as may be provided by the ,secretary in the case of a rollover from another ,small ,business ,start-up ,savings ,account4 7#e7 ,income based on modified adjusted gross income 7,a7 ,in general ,in the case of a taxable year in which the taxpayer's adjusted gross income exceeds #aej1jjj 7#cjj1jjj in the case of a joint return71 the dollar amount in effect for such taxable year under subsection 7c77#b7 shall be reduced 7but not below zero7 by the amount determined under subparagraph 7,b74 7,b7 ,amount of reduction ,the amount determined under this subparagraph shall be the amount which bears the same ratio to such limitation as-- 7i7 the excess of-- 7,i7 the taxpayer's adjusted gross income for such taxable year1 over 7,,ii7 #aej1jjj 7#cjj1jjj in the case of a joint return71 bears to 7ii7 #be1jjj4 7,c7 ,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 #iaa1 #ica1 or #icc4 7d7 ,treatment of distributions 7#a7 ,tax treatment 7,a7 ,exclusion of qualified distributions ,any qualified distribution from a ,small ,business ,start-up ,savings ,account shall not be includible in gross income4 7,b7 ,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 and1 for purposes of section #a1 treated as a net capital gain4 7#b7 ,qualified distribution ,for purposes of this subsection1 the term qualified distribution means1 with respect to any taxable year1 any payment or distribution from a ,small ,business ,start-up ,savings ,account-- 7,a7 to the extent the amount of such payment or distribution does not exceed the sum of-- 7i7 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 facilities1 marketing1 training1 incorporation1 and accounting fees1 and 7ii7 the aggregate capital contributions of the taxpayer with respect to a trade or business for the taxable year 7but only to the extent such amounts are used in such trade or business for purposes described in clause 7i771 and 7,b7 which1 in the case of a payment or distribution subsequent to the first payment or distribution from such account 7or any predecessor to such account7-- 7i7 is made not later than the close of the #eth taxable year beginning after the date of such first payment or distribution1 and 7ii7 is made with respect to the same trade or business with respect to which such first payment or distribution was made4 7#c7 ,treatment after death of account beneficiary ,if1 by reason of the death of the account beneficiary1 any person acquires the account beneficiary's interest in a ,small ,business ,start-up ,savings ,account-- 7,a7 such account shall cease to be a ,small ,business ,start-up ,savings ,account as of the date of death1 and 7,b7 an amount equal to the fair market value of the assets in such account on such date shall be includible-- 7i7 in the case of a person who is not the estate of such beneficiary1 in such person's gross income for the taxable year which includes such date1 or 7ii7 in the case of a person who is the estate of such beneficiary1 in such beneficiary's gross income for the last taxable year of such beneficiary4 7,c7 ,special rules 7i7 ,reduction of inclusion for predeath expenses ,the amount includible in gross income under subparagraph 7,b7 shall be reduced by the amounts described in paragraph 7#b7 which were incurred by the decedent before the date of the decedent's death and paid by such person within #a year after such date4 7ii7 ,deduction for estate taxes ,an appropriate deduction shall be allowed under section #fia7;c7 to any person 7other than the decedent7 with respect to amounts included in gross income under clause 7i7 by such person4 7#d7 ,mandatory distribution rules not to apply ,section #dja7;a77#i77;,a7 and the incidental death benefit requirements of section #dja7;a7 shall not apply to any ,small ,business ,start-up ,savings ,account4 4 7b7 ,excess contributions ,section #digc of such ,code is amended by adding at the end the following new subsection3 7i7 ,excess contributions to ,small ,business ,start-,up ,savings ,accounts ,for purposes of this section1 in the case of contributions to all ,small ,business ,start-up ,savings ,accounts 7within the meaning of section #djh;,b7b77 maintained for the benefit of an individual1 the term excess contributions means the sum of-- 7#a7 the excess 7if any7 of-- 7,a7 the amount contributed to such accounts for the taxable year1 over 7,b7 the amount allowable as a contribution under section #djh;,b7c77#b77;,a7 for such taxable year1 and 7#b7 the amount determined under this subsection for the preceding taxable year1 reduced by the sum of-- 7,a7 the distributions out of the accounts for the taxable year1 and 7,b7 the excess 7if any7 of-- 7i7 the maximum amount allowable as a contribution under section #djh;,b7c77#b77;,a7 for such taxable year1 over 7ii7 the amount contributed to such accounts for such taxable year1 and 7#c7 the excess 7if any7 of-- 7,a7 the excess 7if any7 of-- 7i7 the aggregate amounts contributed to such accounts for all taxable years1 over 7ii7 the aggregate amount allowable as contributions under section #djh;,b7c77#b77;,b7 for all taxable years1 over 7,b7 the amount determined under this paragraph for all preceding taxable years4 4 7c7 ,conforming amendment ,the table of sections for subpart ,a of part ,i of subchapter ,d of chapter #a of such ,code is amended by inserting after the item relating to section #djh;,a the following new item3 ,sec4 #djh;,b4 ,small ,business ,start-up ,savings ,accounts4 4 7d7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjbj4 ,,ll ,small ,business ,development ,centers and ,women's ,business ,centers ,tax ,compliance ,costs #adija4 ,grants to small business development centers and women's business centers to address rising costs of tax compliance for small business concerns 7a7 ,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 #aihf and communicating with the ,internal ,revenue ,service4 7b7 ,application ,each applicant for a grant under this section shall submit to the ,administrator an application in such form as the ,administrator may require4 ,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 #aihf4 7c7 ,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 #ba or section #bi of the ,small ,business ,act1 except that the matching funds requirements of such sections shall not apply4 7d7 ,use of funds ,a recipient of a grant under this section shall use the grant only for the purposes described in subsection 7a71 including working with-- 7#a7 the ,internal ,revenue ,service1 including local offices of the ,office of the ,taxpayer ,advocate1 to help reduce tax compliance costs for such owners2 and 7#b7 owners of small business concerns who are subject to an audit by the ,internal ,revenue ,service4 7e7 ,minimum grant amount ,a grant awarded under this section may not be in an amount less than #bjj1jjj4 7f7 ,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 7a74 7g7 ,report to ,administrator ,not later than #ah months after the date of receipt of a grant under this section1 the recipient of the grant shall submit to the ,administrator a report describing how the grant funds were used4 7h7 ,evaluation of program ,not later than #c years after the date of the enactment of this ,act1 the ,administrator shall submit to ,congress a report that contains an evaluation of the grant program established under this section4 7i7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,small ,business ,administration4 7#b7 ,small business concern ,the term small business concern has the meaning given such term under section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb74 7#c7 ,small business development center ,the term small business development center has the meaning given such term in section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb74 7#d7 ,women's business center ,the term women's business center means a women's business center described under section #bi of the ,small ,business ,act 7#ae ,u4,s4,c4 #fef74 7j7 ,limitation on use of funds ,the ,administrator may carry out this section only with amounts appropriated specifically to carry out this section under subsection 7k74 7k7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #e1jjj1jjj for each of fiscal years #bjbb and #bjbc4 ,,mm ,hire ,a ,hero #aeaja4 ,short title ,this subtitle may be cited as the ,hire ,a ,hero ,act of #bjbj4 #aeajb4 ,work opportunity credit to small businesses for hiring members of ,ready ,reserve or ,national ,guard 7a7 ,in general ,section #ea7;d77#a7 of the ,internal ,revenue ,code of #aihf is amended by striking or at the end of subparagraph 7,i71 by striking the period at the end of subparagraph 7,j7 and inserting 1 or1 and by adding at the end the following new subparagraph3 7,k7 in the case of an eligible employer 7as defined in section #djh7p77#b77;,c77i771 an individual who is a member of-- 7i7 the ,ready ,reserve 7as described in section #ajadb of title #aj1 ,united ,states ,code71 or 7ii7 the ,national ,guard 7as defined in section #aja7;c77#a7 of title #aj1 ,united ,states ,code74 4 7b7 ,effective date 7#a7 ,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 date4 7#b7 ,current employees covered by credit ,for purposes of applying section #ea of the ,internal ,revenue ,code of #aihf1 individuals described in section #ea7;d77#a77,k7 of such ,code1 as added by this section1 who are employed by an eligible employer 7as defined in section #djh7p77#b77;,c77i7 of such ,code7 on the date of the enactment of this ,act shall be treated as beginning work for such employer on such date4 #aeajc4 ,permanent extension of work opportunity credit for employers hiring qualified veterans and members of ,ready ,reserve and ,national ,guard 7a7 ,in general ,section #ea7;c77#d7 of the ,internal ,revenue ,code of #aihf is amended by inserting 7other than any individual described in subparagraph 7,b7 or 7,k7 of subsection 7d77#a77 after individual4 7b7 ,effective date ,the amendment made by this section shall apply to individuals who begin work for the employer after ,december #ca1 #bjai4 ,,nn ,jobs1 ,on-the-,job ,earn-,while-,you-,learn ,training1 and ,apprenticeships for ,young ,african-,americans #aebja4 ,short title ,this subtitle may be cited as the ,jobs1 ,on-the-,job ,earn-,while-,you-,learn ,training1 and ,apprenticeships for ,young ,african-,americans ,act4 #aebjb4 ,findings and purpose 7a7 ,findings ,congress finds the following3 7#a7 ,young ,african-,american men and women are the hardest hit by economic instability4 ,declared and affirmed by the ,federal ,reserve1 ,african ,americans face unemployment rates that are two to three times higher than their ,white counterparts for the last several decades4 7#b7 ,during economic recessions in #aigd-ge1 #aiha-hb1 #aiij-ia1 and #bjjh1 the ,african-,american community faced significantly higher unemployment rates than their ,white counterparts4 7#c7 ,even during times of economic growth1 ,african-,american communities experience prolonged financial vulnerability and delayed recovery4 ,unemployment rates decline at a slower rate for ,african-,american men1 and even a slower rate for ,african-,american women as compared to their ,white counterparts4 7#d7 ,this extraordinarily high unemployment rate has a terrible rippling impact on the breakdown of the family structure1 as men and women in this age group are in the primary child-producing ages4 7#e7 ,affirmed by the ,department of ,labor1 diversity and inclusion within the workforce benefits employees and businesses across all industries1 including apprenticeship programs1 which provide economic mobility to its participants4 7#f7 ,through the combined efforts of building trades unions and community partners at the ,state and local level1 there have been established more than #aej apprenticeship readiness programs across the ,united ,states that focus on creating pathways to ,registered ,programs for people of color1 women1 and veterans4 ,overall1 from #bjji to #bjai1 building trades unions and their signatory contractors have invested over #ajj1jjj1jjj in outreach efforts targeting under-represented communities to participate in apprenticeship readiness programs4 ,of the #d1hjj individuals who have successfully completed a building trades apprenticeship readiness program since #bjaf1 #gj percent were from communities of color and #bb percent were women4 7#g7 ,the disproportionately high-unemployment rates1 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 ,americans1 many of whom are fathers and mothers who1 without jobs1 are unable to provide for their families or home4 7b7 ,purpose ,the purpose of this subtitle is to secure jobs1 on-the-job training1 and apprenticeships for young ,african ,americans ages #ah to #ci with the labor unions1 general contractors1 and businesses who will rebuild the ,nation's crumbling infrastructure in cities and communities throughout the ,nation4 #aebjc4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 this subtitle1 while rebuilding the crumbling infrastructure of this great ,nation1 will simultaneously help create good paying jobs and job training that will provide young ,african ,americans ages #ah to #ci with the technical skills1 computer capabilities1 and other skills necessary in this high technology-driven job market1 thus providing young ,african ,americans with highly developed skills that will make them very competitive and attractive to many employers2 7#b7 this subtitle greatly exemplifies and strengthens the high nobility of purpose that is the founding grace of this great ,nation2 and 7#c7 the ,african-,american organizations described in section #aebjd7;c7 have a long and rich history of working to improve the lives of ,african ,americans1 and can be very helpful in successfully reaching1 contacting1 and recruiting unemployed young ,african ,americans4 #aebjd4 ,urging employment1 on-the-job training1 and apprenticeships for unemployed young ,african ,americans in rebuilding the ,nation's crumbling infrastructure 7a7 ,in general ,the ,secretary of ,labor shall strongly and urgently encourage those labor unions1 general contractors1 and businesses1 who will rebuild the ,nation's crumbling infrastructure1 transportation systems1 technology and computer networks1 and energy distribution systems1 to actively recruit1 hire1 train1 and provide apprentice programs registered under the ,national ,apprenticeship ,act 7#bi ,u4,s4,c4 #ej et seq47 to ,african ,americans ages #ah to #ci through their existing jobs and through apprenticeships and earn-while-you-learn programs1 registered under such ,act4 ,the ,secretary shall provide assistance to such labor unions1 general contractors1 and businesses through every means available under existing law to help coordinate the recruitment of such individuals for such jobs1 on-the-job training1 and apprenticeships4 7b7 ,coordination ,the jobs1 on-the-job training1 and apprenticeships made available by labor unions1 general contractors1 and businesses described in subsection 7a7 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 subsection4 ,such coordination shall also be done in conjunction with the ,national ,joint ,apprenticeship and ,training ,committee4 7c7 ,recruitment ,the ,secretary shall coordinate with labor unions1 general contractors1 and businesses described in subsections 7a7 and 7b7 to recruit ,african ,americans for the jobs1 on-the-job training1 and apprenticeships described in subsection 7a7 by reaching out and seeking assistance from within the ,african-,american community1 churches1 and civil rights organizations that can offer valuable assistance to the ,secretary of ,labor1 the labor unions1 general contractors1 and businesses with identifying1 locating1 and contacting unemployed young ,african ,americans who want jobs1 on-the-job training1 and apprenticeships4 ,,oo ,media ,diversity #aecja4 ,findings ,the ,congress finds the following3 7#a7 ,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 ,constitution1 8in ,order to form a more perfect ,union1 establish ,justice1 insure domestic ,tranquility1 provide for the common defences1 promote the general ,welfare1 and secure the ,blessings of ,liberty to ourselves and our ,posterity4 4 404 7#b7 ,having independent1 diverse1 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 engagement4 7#c7 ,it is in the public interest to encourage source1 content1 and audience diversity on our ,nation's shared telecommunications and media platforms4 7#d7 ,the survival of small1 independent1 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 residents4 7#e7 ,research by the ,american ,society of ,news ,editors1 the ,radio ,television ,digital ,news ,association1 the ,pew ,research ,center1 and others has documented the continued challenges of increasing diversity among all types of media entities4 7#f7 ,with increasing media experience and sophistication1 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 communities4 7#g7 ,the constriction in small1 independent1 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 participation1 membership in civic groups1 and knowledge of local political and civil information4 #aecjb4 ,sense of ,congress ,that the ,congress-- 7#a7 reaffirms its commitment to diversity as a core tenet of the public interest standard in media policy2 and 7#b7 pledges to work with media entities and diverse stakeholders to develop common ground solutions to eliminate barriers to media diversity4 ,,pp ,federal ,jobs #aedja4 ,short title2 definitions 7a7 ,short title ,this subtitle may be cited as the ,federal ,jobs ,act4 7b7 ,definitions ,in this subtitle3 7#a7 ,agency ,the term agency has the meaning given the term ,executive agency in section #aje of title #e1 ,united ,states ,code1 and includes the ,united ,states ,postal ,service and the ,postal ,regulatory ,commission4 7#b7 ,agency plan ,the term agency plan means an ,executive agency-specific plan to carry out the ,diversity ,plan1 as described in section #aedjc4 7#c7 ,deputy ,director ,the term ,deputy ,director means the ,deputy ,director of ,management of the ,office of ,management and ,budget4 7#d7 ,director ,the term ,director means the ,director of the ,office of ,personnel ,management4 7#e7 ,diversity ,the term diversity includes characteristics such as national origin1 language1 race1 color1 disability1 ethnicity1 gender1 age1 religion1 sexual orientation1 gender identity1 socioeconomic status1 and family structures4 7#f7 ,diversity ,plan ,the term ,diversity ,plan means the ,diversity and ,inclusion ,initiative and ,strategic ,plan1 as described in section #aedjb4 #aedjb4 ,executive branch ,diversity and ,inclusion ,initiative and ,strategic ,plan 7a7 ,in general ,the ,director of the ,office of ,personnel ,management and the ,deputy ,director of ,management of the ,office of ,management and ,budget1 in coordination with the ,president's ,management ,council and the ,chair of the ,equal ,employment ,opportunity ,commission1 shall-- 7#a7 establish a coordinated initiative to promote diversity and inclusion in the executive branch workforce2 7#b7 not later than #ij days after the date of the enactment of this ,act-- 7,a7 develop and issue a ,diversity and ,inclusion ,strategic ,plan applicable to the executive branch1 to be updated at a minimum every #d years1 that-- 7i7 focuses on workforce diversity1 workplace inclusion1 and agency accountability and leadership2 and 7ii7 highlights comprehensive strategies for agencies to identify and remove barriers to equal employment opportunity that may exist in recruitment1 hiring1 promotion1 retention1 professional development1 and training policies and practices2 7,b7 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 recruitment1 hiring1 promotion1 retention1 professional development1 and training policies and practices1 and develop a strategy for consolidating such agency plans and reports where appropriate and permitted by law2 and 7,c7 provide guidance to agencies concerning formulation of agency-specific plans under section #aedjc to carry out the ,diversity ,plan2 7#c7 identify appropriate practices to improve the effectiveness of each agency's efforts to recruit1 hire1 promote1 retain1 develop1 and train a diverse and inclusive workforce1 consistent with merit system principles2 and 7#d7 establish a system for regular reporting on agencies' progress in implementing any ,executive agency-specific plan to carry out the ,diversity ,plan4 7b7 ,application ,for purposes of carrying out this section-- 7#a7 the term diversity includes characteristics such as national origin1 language1 race1 color1 disability1 ethnicity1 gender1 age1 religion1 sexual orientation1 gender identity1 socioeconomic status1 and family structures2 and 7#b7 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 race1 color1 religion1 sex 7including pregnancy or gender identity71 national origin1 age1 disability1 sexual orientation or any other prohibited basis4 #aedjc4 ,responsibilities of agencies 7a7 ,in general ,the head of each agency shall-- 7#a7 designate the agency's ,chief ,human ,capital ,officer1 ,director of ,equal ,employment ,opportunity1 and ,chief ,diversity ,officer 7if any7 to be responsible for enhancing employment and promotion opportunities within the agency1 including development and implementation of the agency plan2 7#b7 not later than #abj days after the date the ,diversity ,plan is issued or updated under section #aedja1 develop or update 7as the case may be7 and submit for review to the ,director and the ,deputy ,director an agency plan for recruiting1 hiring1 training1 developing1 advancing1 promoting1 and retaining a diverse workforce consistent with merit system principles1 the agency's overall strategic plan1 its human capital operating plan prepared pursuant to part #bej of title #e1 ,code of ,federal ,regulations1 and any other applicable workforce planning strategies and initiatives2 7#c7 implement the agency plan after incorporating the plan into the agency's human capital operating plan2 and 7#d7 provide information as specified by the reporting requirements developed under paragraph 7#d7 of section #aedja4 7b7 ,annual updates ,not later than #ij days after the date of the enactment of this ,act and annually thereafter1 the head of each agency1 in consultation with the ,director and the ,deputy ,director1 shall publish a report on the agency's public ,internet website that includes-- 7#a7 disaggregated demographic data 7sorted by race1 color1 national origin1 religion1 sex1 age1 or disability7 relating to the workforce and information on the status of diversity and inclusion efforts of the agency2 7#b7 an analysis of applicant flow data1 as available 7sorted by race1 color1 national origin1 religion1 sex1 age1 or disability72 7#c7 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 programs2 and 7#d7 data related to the employment of traditionally underrepresented groups4 7c7 ,retention and exit interviews or surveys 7#a7 ,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 service4 7#b7 ,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 7#a7 and 7#b7 to determine-- 7,a7 if and how the diversity of those participating in such interviews and surveys impacts the results2 and 7,b7 whether to implement any policy changes or make any recommendations4 7#c7 ,tracking data ,the head of each agency shall-- 7,a7 track demographic data relating to participants in professional development programs and the rate of placement into senior positions for participants in such programs2 7,b7 annually evaluate such data-- 7i7 to identify ways to improve outreach and recruitment for such programs1 consistent with merit system principles2 and 7ii7 to understand how participation in any program offered or sponsored by the agency under subparagraph 7,a7 differs among the demographic categories of the workforce2 and 7,c7 actively encourage participation from a range of demographic categories1 especially from categories with consistently low participation4 #aedjd4 ,legislative and judicial branches 7a7 ,legislative branch ,each office treated as an employing office under the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acja et seq47 shall1 to the greatest extent practicable1 carry out the requirements of sections #aedjb and #aedjc with respect to the legislative branch of ,government4 7b7 ,judicial branch ,the ,director of the ,administrative ,office of the ,united ,states ,courts shall1 to the greatest extent practicable1 carry out the requirements of sections #aedjb and #aedjc with respect to the judicial branch of ,government4 #aedje4 ,diversity in ,government procurement and grantmaking 7a7 ,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 report1 that includes a list of prime contractors and subcontractors1 and the amounts they receive from the agency1 that are economically and socially disadvantaged businesses as defined by part #abd of title #ac1 ,code of ,federal ,regulations4 7b7 ,annual reports 7#a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 and annually thereafter1 the head of each agency shall submit to the appropriate congressional committees a comprehensive report on activities to increase economically and socially disadvantaged businesses 7as defined by such part #abd7 in procurement and grant making4 7#b7 ,content ,each report required under paragraph 7#a7 shall include a description of the efforts of the agency-- 7,a7 to list1 describe1 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 subcontractors2 and 7,b7 to review any impact the restrictions related to the foreign exemption in ,federal contracting under part #ai of the ,federal ,acquisition ,regulation have had on economically and socially disadvantaged businesses 7as defined by such part #abd74 ,,qq ,urban ,progress #aeeja4 ,short title ,this subtitle may be cited as the ,urban ,progress ,act of #bjbj4 #a ,sustainable ,community ,economic ,development ,a ,rental ,assistance ,housing ,preservation and ,rehabilitation ,act #aeeaa4 ,short title ,this subpart may be cited as the ,rental ,assistance ,housing ,preservation and ,rehabilitation ,act of #bjbj4 #aeeab4 ,amendments to rental assistance demonstration 7a7 ,amendments ,the matter in the heading ,rental ,assistance ,demonstration in title ,,ii of the ,transportation1 ,housing and ,urban ,development1 and ,related ,agencies ,appropriations ,act1 #bjab 7division ,c of ,public ,law #aab-ee2 #abe ,stat4 #fgc7 is amended-- 7#a7 by striking 7except for funds allocated under such section for single room occupancy dwellings as authorized by title ,,iv of the ,mc,kinney-,vento ,homeless ,assistance ,act7 each place such phrase appears2 7#b7 in the third proviso by inserting in excess of amounts made available under this heading after associated with such conversion2 7#c7 in the fourth proviso-- 7,a7 by striking #fj1jjj and inserting #aej1jjj2 and 7,b7 by striking or section #h7;e77#b72 and 7#d7 in the penultimate proviso by striking and #bjac and inserting through #bjba4 7b7 ,applicability ,the amendments made by subsection 7a7 shall apply only to any amounts that are made available for fiscal year #bjbb or any fiscal year thereafter for carrying out the demonstration program established under the heading referred to in subsection 7a74 ,b ,hire ,for a ,second ,chance ,act #aeeba4 ,short title ,this subpart may be cited as the ,hire ,for a ,second ,chance ,act of #bjbj4 #aeebb4 ,extension and modification of work opportunity tax credit 7a7 ,credit made permanent ,section #ea7;c7 of the ,internal ,revenue ,code of #aihf is amended by striking paragraph 7#d7 and redesignating paragraph 7#e7 as paragraph 7#d74 7b7 ,increase in wage limitation for ex-,felons 7#a7 ,limitation on wages taken into account ,section #ea7;b77#c7 of such ,code is amended-- 7,a7 by striking subsection 7d77#c77;,a77iv71 and and inserting subsection 7d77#c77;,a77iv712 and 7,b7 by striking subsection 7d77#c77;,a77ii77,,ii77 and inserting subsection 7d77#c77;,a77ii77,,ii71 and #ad1jjj in the case of any individual who is an ex-felon by reason of subsection 7d77#d774 7#b7 ,inflation adjustment ,section #ea7;b7 of such ,code is amended by adding at the end the following3 7#d7 ,adjustment for inflation ,in the case of any taxable year beginning after #bjba1 the #ad1jjj dollar amount contained in paragraph 7#c7 relating to ex-felons shall be increased by an amount equal to the product of-- 7,a7 such dollar amount1 and 7,b7 the cost of living adjustment determined under section #a7;f77#c7 for the calendar year in which the taxable year begins determined by substituting calendar year #bjbj for calendar year #aiib in subparagraph 7,b7 thereof4 ,if any increase determined under the preceding sentence is not a multiple of #ej1 such increase shall be rounded to the next lowest multiple of #ej4 4 7c7 ,qualified ex-,felon ,section #ea7;d77#d77;,b7 of such ,code is amended by striking #a year and inserting #c years4 7d7 ,effective date ,the amendments made by this section shall apply to individuals who begin work for the employer after ,december #ca1 #bjai4 ,c ,community ,investment and ,empowerment ,act #aeeca4 ,short title ,this subpart may be cited as the ,community ,investment and ,empowerment ,act4 #aeecb4 ,purpose ,the purpose of this subpart is to assist with the economic growth of economically disadvantaged communities that have potential for strong ,class #a commercial investment1 but continue to have a difficult time recruiting ,class #a commercial investment4 #aeecc4 ,economic growth1 retention1 and recruitment of commercial investment in underserved communities ,the ,small ,business ,investment ,act of #aieh 7#ae ,u4,s4,c4 #ffa et seq47 is amended by adding at the end the following new title3 ,,vi ,,economic ,,growth1 ,,retention1 ,,and ,,recruitment ,,of ,,commercial ,,investment ,,in ,,eco,,nom,i,,cal,,ly ,,disadvantaged ,,communities #eaa4 ,grant program 7a7 ,authorization ,from amounts appropriated under section #eac1 the ,administrator shall make grants on a competitive basis to communities for-- 7#a7 the creation of a grant and_/or revolving loan fund program that helps develop financing packages for ,class #a commercial investment2 7#b7 lowering real estate property tax rates2 7#c7 conducting community-wide market analysis to help recruit and_/or retain ,class #a commercial investment2 7#d7 creating employment training programs for ,class #a business customer service1 sales1 and managerial positions2 7#e7 retail marketing strategies to solicit new ,class #a commercial investment starts in the community2 7#f7 program allowances for activities such as the publication of marketing materials1 development of economic development web pages1 and educational outreach activities with retail trade associations2 and 7#g7 hiring business recruitment specialists4 7b7 ,eligibility ,the ,administrator may only make a grant under subsection 7a7 to communities that-- 7#a7 demographics include-- 7,a7 a median per capita income no higher than #ce1jjj2 and 7,b7 a lack of ,class #a commercial investment2 and 7#b7 submit an application at such time1 in such form1 and containing such information and assurances as the ,administrator may require1 including-- 7,a7 a description of how the community through the activities the community carries out with the grant funds will recruit1 retain and grow their economy through ,class #a commercial investment2 and 7,b7 a description of the difficulty the community has faced recruiting1 retaining and growing their economy through ,class #a commercial investment4 7c7 ,matching funds 7#a7 ,in general ,the ,administrator may not make a grant to a community under subsection 7a7 unless the community agrees that1 with respect to the costs to be incurred by the community in carrying out the activities for which the grant is awarded1 the community will make available non-,federal contributions in an amount equal to not less than #aj percent of the ,federal funds provided under the grant4 7#b7 ,satisfying matching requirements ,the non-,federal contributions required under paragraph 7#a7 may be-- 7,a7 in cash or in-kind1 including services1 fairly evaluated2 and 7,b7 from-- 7i7 any private source2 7ii7 a ,state or local governmental entity2 or 7iii7 a not-for-profit4 7#c7 ,waiver ,the ,administrator may waive or reduce the non-,federal contribution required by paragraph 7#a7 if the community involved demonstrates that the eligible entity cannot meet the contribution requirement due to financial hardship4 7d7 ,limitations ,funding appropriated under section #eac will be allocated by the following formula-- 7#a7 no more than up to #e percent of funds appropriated under section #eac shall go to administrative costs2 7#b7 up to #gj percent of funding appropriated under section #eac shall go toward activities described in sections 7a77#a7 through 7a77#d7 after taking into account administrative costs under subsection 7c77#a77;,a72 and 7#c7 #cj percent of funding appropriated under section #eac shall go toward activities described in sections 7a77#e7 through 7a77#g7 after taking into account administrative costs under section 7c77#a77;,a74 #eab4 ,definitions ,in this title1 the following definitions apply3 7#a7 ,community ,the term community means a governance structure that includes county1 parish1 city1 village1 township1 district or borough4 7#b7 ,class #a commercial investment ,the term ,class #a commercial investment means retail grocery chains1 food service retailers1 restaurants and franchises1 retail stores1 cafes1 shopping malls1 and other shops4 7#c7 ,economically underserved community ,the term economically underserved community means an area suffering from low income and resultant low purchasing power1 limiting its ability to generate sufficient goods and services to be used in exchange with other areas to meet current consumption needs4 #eac4 ,authorization of appropriations ,there is authorized to be appropriated to the ,administrator to carry out section #eaa7;a7 #dj1jjj1jjj for each of fiscal years #bjba through #bjbe4 4 ,d ,promote ,start-,ups ,act #aeeda4 ,short title ,this subpart may be cited as the ,promote ,start-,ups ,act of #bjbj4 #aeedb4 ,permanent increase of limitation on deduction for start-up and organizational expenditures 7a7 ,start-,up expenditures 7#a7 ,in general ,section #aie7;b77#a77;,a77ii7 of the ,internal ,revenue ,code of #aihf is amended-- 7,a7 by striking #e1jjj and inserting #ae1jjj2 and 7,b7 by striking #ej1jjj and inserting #aej1jjj4 7#b7 ,conforming amendment ,section #aie7;b7 of such ,code is amended by striking paragraph 7#c74 7b7 ,organizational expenditures ,section #bdh7;a77#a77;,b7 of such ,code is amended-- 7#a7 by striking #e1jjj and inserting #aj1jjj2 and 7#b7 by striking #ej1jjj and inserting #fj1jjj4 7c7 ,effective date ,the amendments made by this section shall apply to amounts paid or incurred with respect to-- 7#a7 in the case of the amendments made by subsection 7a71 trades or businesses beginning in taxable years beginning after ,december #ca1 #bjai2 and 7#b7 in the case of the amendments made by subsection 7b71 corporations the business of which begins in taxable years beginning after such date4 ,e ,community ,college to ,career ,fund ,act #aeeea4 ,short title ,this subpart may be cited as the ,community ,college to ,career ,fund ,act4 #aeeeb4 ,community ,college to ,career ,fund 7a7 ,in ,general ,title ,i of the ,workforce ,innovation and ,opportunity ,act is amended by adding at the end the following3 ,f ,community ,college to ,career ,fund #aii4 ,community college and industry partnerships program 7a7 ,grants authorized ,from funds appropriated under section #aii;,a1 the ,secretary of ,labor 7in coordination with the ,secretary of ,education and the ,secretary of ,commerce7 shall award competitive grants to eligible entities described in subsection 7b7 for the purpose of developing1 offering1 improving1 and providing educational or career training programs for workers4 7b7 ,eligible entity 7#a7 ,partnerships with employers or an employer or industry partnership 7,a7 ,general definition ,for purposes of this section1 an eligible entity means any of the entities described in subparagraph 7,b7 7or a consortium of any of such entities7 in partnership with employers or an employer or industry partnership representing multiple employers4 7,b7 ,description of entities ,the entities described in this subparagraph are-- 7i7 a community college2 7ii7 a #d-year public institution of higher education 7as defined in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a777 that offers #b-year degrees1 and that will use funds provided under this section for activities at the certificate and associate degree levels2 7iii7 a ,tribal ,college or ,university 7as defined in section #caf7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;c7b7772 or 7iv7 a private or nonprofit1 #b-year institution of higher education 7as defined in section #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb77 in the ,commonwealth of ,puerto ,rico1 ,guam1 the ,united ,states ,virgin ,islands1 ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 the ,republic of the ,marshall ,islands1 the ,federated ,states of ,micronesia1 or the ,republic of ,palau4 7#b7 ,additional ,partners 7,a7 ,authorization of additional partners ,in addition to partnering with employers or an employer or industry partnership representing multiple employers as described in paragraph 7#a77;,a71 an entity described in paragraph 7#a7 may include in the partnership described in paragraph 7#a7 one or more of the organizations described in subparagraph 7,b74 ,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 entity4 7,b7 ,organizations ,the organizations described in this subparagraph are as follows3 7i7 ,a provider of adult education 7as defined in section #bjc7 or an institution of higher education 7as defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja774 7ii7 ,a community-based organization4 7iii7 ,a joint labor-management partnership4 7iv7 ,a ,state or local board4 7v7 ,any other organization that the ,secretaries consider appropriate4 7c7 ,educational or career training program ,for purposes of this section1 the ,governor of the ,state in which at least one of the entities described in subsection 7b77#a77;,b7 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 7d74 7d7 ,application ,an eligible entity seeking a grant under this section shall submit an application containing a grant proposal1 for an educational or career training program leading to a recognized postsecondary credential1 to the ,secretaries at such time and containing such information as the ,secretaries determine is required1 including a detailed description of-- 7#a7 the extent to which the educational or career training program described in the grant proposal fits within an overall strategic plan consisting of-- 7,a7 the ,state plan described in section #ajb or #ajc1 for the ,state involved2 7,b7 the local plan described in section #ajh1 for each local area that comprises a significant portion of the area to be served by the eligible entity2 and 7,c7 a strategic plan developed by the eligible entity2 7#b7 the extent to which the program will meet the needs of employers in the area for skilled workers in in-demand industry sectors and occupations2 7#c7 the extent to which the program will meet the educational or career training needs of workers in the area2 7#d7 the specific educational or career training program and how the program meets the criteria established under subsection 7e71 including the manner in which the grant will be used to develop1 offer1 improve1 and provide the educational or career training program2 7#e7 any previous experience of the eligible entity in providing educational or career training programs1 the absence of which shall not automatically disqualify an eligible institution from receiving a grant under this section2 and 7#f7 how the program leading to the credential meets the criteria described in subsection 7c74 7e7 ,criteria for award 7#a7 ,in general ,grants under this section shall be awarded based on criteria established by the ,secretaries1 that include the following3 7,a7 ,a determination of the merits of the grant proposal submitted by the eligible entity involved to develop1 offer1 improve1 and provide an educational or career training program to be made available to workers4 7,b7 ,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 develop1 offer1 improve1 and provide4 7,c7 ,an assessment of prior demand for training programs by individuals eligible for training and served by the eligible entity1 as well as availability and capacity of existing 7as of the date of the assessment7 training programs to meet future demand for training programs4 7#b7 ,priority ,in awarding grants under this section1 the ,secretaries shall give priority to eligible entities that-- 7,a7 include a partnership1 with employers or an employer or industry partnership1 that-- 7i7 pays a portion of the costs of educational or career training programs2 or 7ii7 agrees to hire individuals who have attained a recognized postsecondary credential resulting from the educational or career training program of the eligible entity2 7,b7 enter into a partnership with a labor organization or labor-management training program to provide1 through the program1 technical expertise for occupationally specific education necessary for a recognized postsecondary credential leading to a skilled occupation in an in-demand industry sector2 7,c7 are focused on serving individuals with barriers to employment1 low-income1 nontraditional students1 students who are dislocated workers1 students who are veterans1 or students who are long-term unemployed2 7,d7 include any eligible entities serving areas with high unemployment rates2 7,e7 are eligible entities that include an institution of higher education eligible for assistance under title ,,iii or ,v of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajea et seq42 #bj ,u4,s4,c4 #aaja et seq472 and 7,f7 include a partnership1 with employers or an employer or industry partnership1 that increases domestic production of goods4 7f7 ,use of funds ,grant funds awarded under this section shall be used for one or more of the following3 7#a7 ,the development1 offering1 improvement1 and provision of educational or career training programs1 that provide relevant job training for skilled occupations1 that lead to recognized postsecondary credentials1 that will meet the needs of employers in in-demand industry sectors1 and that may include registered apprenticeship programs1 on-the-job training programs1 and programs that support employers in upgrading the skills of their workforce4 7#b7 ,the development and implementation of policies and programs to expand opportunities for students to earn a recognized postsecondary credential1 including a degree1 in in-demand industry sectors and occupations1 including by-- 7,a7 facilitating the transfer of academic credits between institutions of higher education1 including the transfer of academic credits for courses in the same field of study2 7,b7 expanding articulation agreements and policies that guarantee transfers between such institutions1 including through common course numbering and use of a general core curriculum2 and 7,c7 developing or enhancing student support services programs4 7#c7 ,the creation of career pathway programs that provide a sequence of education and occupational training that leads to a recognized postsecondary credential1 including a degree1 including programs that-- 7,a7 blend basic skills and occupational training2 7,b7 facilitate means of transitioning participants from noncredit occupational1 basic skills1 or developmental coursework to for-credit coursework within and across institutions2 7,c7 build or enhance linkages1 including the development of dual enrollment programs and early college high schools1 between secondary education or adult education programs 7including programs established under the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcja et seq47 and title ,,ii of this ,act72 7,d7 are innovative programs designed to increase the provision of training for students1 including students who are members of the ,national ,guard or ,reserves1 to enter skilled occupations in in-demand industry sectors2 and 7,e7 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 occupation1 which shall include opportunities that transition individuals into employment4 7#d7 ,the development and implementation of-- 7,a7 a ,pay-for-,performance program that leads to a recognized postsecondary credential1 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 ,secretary2 or 7,b7 a ,pay-for-,success program that leads to a recognized postsecondary credential1 for which an eligible entity-- 7i7 enters into a partnership with an investor1 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 grant2 and 7ii7 agrees to be reimbursed under the grant only if the project achieves specified performance outcomes and criteria agreed to by the ,secretary4 #aii;,a4 ,authorization of appropriations 7a7 ,in general ,there are authorized to be appropriated such sums as may be necessary to carry out the program established by section #aii4 7b7 ,administrative ,cost ,not more than #e percent of the amounts made available under subsection 7a7 may be used by the ,secretaries to administer the program described in that subsection1 including providing technical assistance and carrying out evaluations for the program described in that subsection4 7c7 ,period of availability ,the funds appropriated pursuant to subsection 7a7 for a fiscal year shall be available for ,federal obligation for that fiscal year and the succeeding #b fiscal years4 #aii;,b4 ,definition ,for purposes of this subtitle1 the term community college has the meaning given the term junior or community college in section #cab7;f7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajeh7;f774 4 7b7 ,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 following3 ,subtitle ,f--,community ,college to ,career ,fund ,sec4 #aii4 ,community college and industry partnerships program4 ,sec4 #aii;,a4 ,authorization of appropriations4 ,sec4 #aii;,b4 ,definition4 4 7c7 ,effective date ,this ,act1 including the amendments made by this ,act1 takes effect as if included in the ,workforce ,innovation and ,opportunity ,act4 ,f ,youth ,summer ,jobs and ,public ,service ,act #aeefa4 ,short title ,this subpart may be cited as the ,youth ,summer ,jobs and ,public ,service ,act of #bjbj4 #aeefb4 ,grants to ,states for summer employment for youth ,section #abi of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cafd7 is amended by adding at the end the following3 7d7 ,grants to ,states for summer employment for youth 7#a7 ,in general ,notwithstanding any other provision of this ,act1 from the amount appropriated under paragraph 7#b71 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 7c77#a7 that provide summer employment opportunities for eligible youth1 which are directly linked to academic and occupational learning1 as described in subsection 7c77#b77;,c74 ,in awarding grants under this subsection1 a ,state shall-- 7,a7 partner with private businesses to the extent feasible to provide employment opportunities at such businesses2 and 7,b7 prioritize jobs and work opportunities that directly serve the community4 7#b7 ,authorization of appropriations ,there is authorized to be appropriated #ajj1jjj1jjj to carry out this subsection for each of fiscal years #bjbb through #bjbf4 4 ,g ,child ,poverty ,reduction ,act #aeega4 ,short title ,this subpart may be cited as the ,child ,poverty ,reduction ,act of #bjbj4 #a ,federal ,interagency ,working ,group on ,reducing ,child ,poverty #aeegb4 ,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 7in this ,act referred to as the ,working ,group74 #aeegc4 ,national plan to reduce child poverty 7a7 ,primary goal 7#a7 ,development of national plan ,the primary goal of the ,working ,group is to develop a national plan-- 7,a7 to reduce1 within #aj years after the date on which funding is made available to carry out this ,act-- 7i7 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 ,income1 ,poverty1 and ,health ,insurance ,coverage in the ,united ,states3 #bjac 7issued in ,september #bjad72 and 7ii7 the number of children living in extreme poverty in the ,united ,states to zero2 and 7,b7 to reduce1 within #bj years after the date on which funds are made available to carry out this ,act1 the number of children living in poverty in the ,united ,states to zero4 7#b7 ,consultation with ,national ,academy of ,sciences ,in developing the national plan under paragraph 7#a71 the ,working ,group shall consider all recommendations1 research papers1 and reports published by the ,national ,academy of ,sciences as a result of the workshops conducted pursuant to title ,,ii4 7#c7 ,deadline ,not later than #ahj days after the date of the enactment of this ,act1 the ,working ,group shall make substantial progress toward the development of the national plan4 7b7 ,additional goals ,the national plan under subsection 7a7 shall include recommendations for achieving the following goals3 7#a7 ,understanding the root causes of child poverty1 including persistent intergenerational poverty1 taking into account social1 economic1 and cultural factors4 7#b7 ,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 programs4 7#c7 ,eliminating disparate rates of child poverty based on race1 ethnicity1 gender1 and age4 7#d7 ,improving the ability of individuals living in poverty1 low-income individuals1 and unemployed individuals to access quality jobs that help children and their families rise above poverty4 7#e7 ,connecting low-income children1 disconnected youth1 and their families to education1 job training1 work1 and their communities4 7#f7 ,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 stability4 7c7 ,methods ,in developing the national plan under subsection 7a71 the ,working ,group shall employ methods for achieving the goals described in subsections 7a7 and 7b7 that include-- 7#a7 entering into an agreement with the ,national ,academy of ,sciences for a workshop series on the economic and social costs of child poverty1 as described in title ,,ii2 7#b7 studying the effect of child poverty on the health and welfare of children1 including the access of children living in poverty to health care1 housing1 proper nutrition1 and education2 7#c7 measuring the effect of child poverty on the ability of individuals to achieve economic stability1 including such effect on educational attainment1 rates of incarceration1 lifetime earnings1 access to healthcare1 and access to housing2 7#d7 updating and applying improved measures of poverty that can meaningfully account for other aspects relating to the measure of poverty1 such as the ,supplemental ,poverty ,measure used by the ,united ,states ,census ,bureau2 and 7#e7 using and applying fact-based measures to evaluate the long-term effectiveness of anti-poverty programs1 taking into account the long-term savings and value to the ,federal ,government and to ,state1 local1 and tribal governments of practices and policies designed to prevent poverty4 #aeegd4 ,other duties ,in addition to developing the national plan under section #aeeab7;a71 the ,working ,group shall-- 7#a7 monitor1 in consultation with the ,domestic ,policy ,council and the ,national ,economic ,council1 all ,federal activities1 programs1 and services related to child welfare and child poverty2 7#b7 establish guidelines1 policies1 goals1 and directives related to the achievement of the goals of the national plan1 in consultation with nongovernmental entities providing social services to low-income children and families1 advocacy groups that directly represent low-income children and families1 policy experts1 and officials of ,state1 local1 and tribal governments who administer or direct policy for anti-poverty programs2 7#c7 advise all relevant ,federal agencies regarding how to effectively administer and coordinate programs1 activities1 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 coordination2 7#d7 provide recommendations to the ,congress regarding how to ensure that ,federal agencies administering programs1 activities1 and services related to child welfare and child poverty have adequate resources to increase public awareness of such programs1 activities1 and services and how to maximize enrollment of eligible individuals2 7#e7 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 poverty1 such as ,state programs funded under part ,a of title ,,iv of the ,social ,security ,act 7relating to block grants to ,states for temporary assistance for needy families71 and submit recommendations regarding such methods to relevant ,federal agencies and congressional committees2 and 7#f7 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 programs1 and make such information and feedback publicly available4 #aeege4 ,membership 7a7 ,number of members ,the ,working ,group shall be composed of no less than #f members4 7b7 ,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 #ecac of title #e1 ,united ,states ,code4 7c7 ,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 departments3 7#a7 ,the ,department of ,justice4 7#b7 ,the ,department of ,agriculture4 7#c7 ,the ,department of ,labor4 7#d7 ,the ,department of ,health and ,human ,services4 7#e7 ,the ,department of ,housing and ,urban ,development4 7#f7 ,the ,department of ,education4 7d7 ,appointment ,each member shall be appointed by the head of the executive department that employs such member4 7e7 ,obtaining official data ,on request of the ,chairperson1 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 ,act4 7f7 ,terms ,each member shall be appointed for the life of the ,working ,group4 7g7 ,vacancies ,a vacancy in the ,commission shall be filled in the manner in which the original appointment was made4 7h7 ,quorum ,a majority of members shall constitute a quorum4 7i7 ,chairperson ,the ,chairperson of the ,working ,group shall be appointed by the ,secretary of ,health and ,human ,services4 7j7 ,meetings 7#a7 ,initial meeting period ,the ,working ,group shall meet on a monthly basis during the #ahj-;day period beginning with the date on which funds are made available to carry out this ,act4 7#b7 ,subsequent meetings ,after such #ahj-;day period1 the ,working ,group shall meet not less than once every #f months and at the call of the ,chairperson or a majority of members4 #aeegf4 ,director and staff 7a7 ,director ,the ,working ,group shall have a ,director who shall be appointed by the ,chairperson4 7b7 ,staff ,the ,director may appoint and fix the pay of additional personnel as the ,director considers appropriate4 7c7 ,duties ,the duties of the ,director and staff shall be to achieve the goals and carry out the duties of the ,working ,group4 #aeegg4 ,reporting requirements 7a7 ,annual report ,not later than ,september #cj1 #bjba1 and annually thereafter1 the ,chairperson shall submit to the ,congress a report describing the activities1 projects1 and plans of the ,federal ,government to carry out the goals of the ,working ,group1 which shall include-- 7#a7 an accounting of-- 7,a7 any increase in efficiency in the delivery of ,federal1 ,state1 local1 and tribal social services and benefits related to child welfare and child poverty2 7,b7 any reduction in the number of children living in poverty2 7,c7 any reduction in the demand for such social services and benefits for which children living in poverty and near poverty are eligible2 and 7,d7 any savings to the ,federal ,government as a result of such increases or reductions2 7#b7 an accounting of any increase in the national rate of employment due to the efforts of the ,working ,group2 7#c7 a summary of the efforts of each ,state to reduce child poverty within such ,state1 including the administration of ,state programs funded under part ,a of title ,,iv of the ,social ,security ,act 7relating to block grants to ,states for temporary assistance for needy families72 and 7#d7 legislative language and recommendations regarding reducing child poverty and achieving the other goals and duties of the ,working ,group4 7b7 ,public reporting requirements 7#a7 ,annual report available to public ,a version of the annual report required by subsection 7a7 shall be made publicly available4 7#b7 ,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 plans1 activities1 and results of the agency related to the goals and duties of the ,working ,group4 #b ,workshops by ,national ,academy of ,sciences #aeegh4 ,requirement to enter into agreement with ,national ,academy of ,sciences 7a7 ,in ,general ,not later than #ij days after the date on which funds are made available to carry out this ,act1 the ,secretary of ,health and ,human ,services shall enter into an agreement with the ,national ,academy of ,sciences for #b public workshops to provide the ,working ,group with information to assist in the development of the national plan under section #aeeab7;a74 7b7 ,steering committee ,the agreement under subsection 7a7 shall include the creation of a steering committee to plan and conduct such workshops4 7c7 ,experts ,the agreement under subsection 7a7 shall include the commission of experts to prepare research papers that summarize and critique literature on the economic and social costs of child poverty4 #aeegi4 ,workshop topics ,the purpose of the workshops required by section #aefja7;a7 shall be to collect information and input from the public on the economic and social costs of child poverty1 addressing topics that include-- 7#a7 the macroeconomic costs of child poverty1 including the effects of child poverty on productivity and economic output2 7#b7 the health-related costs of child poverty1 including the costs incurred by the ,federal ,government and ,state1 local1 and tribal governments due to child illnesses1 other child medical problems1 and other child health-related expenditures2 7#c7 the effect of child poverty on crime rates2 7#d7 the short-term and long-term effects of child poverty on the ,federal budget1 including outlays for anti-poverty programs2 7#e7 poverty metrics such as income poverty1 food insecurity1 and other measures of deprivation1 and the role of such metrics in assessing the effects of poverty and the performance of anti-poverty programs2 7#f7 the effect of child poverty on certain population groups1 including immigrants1 single parent families1 individuals who have attained the age of #af but have not attained the age of #be with large student loans1 individuals living in areas of concentrated poverty1 and individuals living on ,indian reservations2 and 7#g7 the effect of child poverty on individuals and families living in extreme poverty1 as compared with such effect on individuals and families living in poverty or near poverty4 #aeehj4 ,reporting requirement 7a7 ,research papers ,the agreement under section #aefja7;a7 shall include the publication of the research papers required under such section on the public website of the ,national ,academy of ,sciences4 7b7 ,workshop summary ,the agreement under section #aefja7;a7 shall include the publication of a summary of each workshop required under such section on the public website of the ,national ,academy of ,sciences4 #aeeha4 ,authorization of appropriations ,there is authorized to be appropriated #a1jjj1jjj to carry out this subpart4 #c ,definitions #aeehb4 ,definitions ,in this part3 7#a7 ,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 ,federal1 ,state1 local1 or tribal government funds4 7#b7 ,child ,the term child means an individual who has not attained the age of #ah4 7#c7 ,deprivation ,the term deprivation means1 with respect to an individual1 that such individual lacks adequate nutrition1 health care1 housing1 or other resources to provide for basic human needs4 7#d7 ,disconnected youth ,the term disconnected youth means individuals who have attained the age of #af but have not attained the age of #be who are unemployed and not enrolled in school4 7#e7 ,economic stability ,the term economic stability means1 with respect to an individual or family1 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 living4 7#f7 ,extreme poverty ,the term extreme poverty means1 with respect to an individual or family1 that such individual or family has a total annual income that is less than the amount that is #ej percent of the official poverty threshold for such individual or family1 as provided in the report of the ,united ,states ,census ,bureau on ,income1 ,poverty1 and ,health ,insurance ,coverage in the ,united ,states3 #bjac 7issued in ,september #bjad74 7#g7 ,federal agency ,the term ,federal agency means an executive department1 a ,government corporation1 and an independent establishment4 7#h7 ,near poverty ,the term near poverty means1 with respect to an individual or family1 that such individual or family has a total annual income that is less than the amount that is #bjj percent of the official poverty threshold for such individual or family1 as provided in the report of the ,united ,states ,census ,bureau on ,income1 ,poverty1 and ,health ,insurance ,coverage in the ,united ,states3 #bjac 7issued in ,september #bjad74 7#i7 ,poverty ,the term poverty means1 with respect to an individual or family1 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 family1 as provided in the report of the ,united ,states ,census ,bureau on ,income1 ,poverty1 and ,health ,insurance ,coverage in the ,united ,states3 #bjac 7issued in ,september #bjad74 ,h ,hunger-,free ,summers for ,children #aeeia4 ,summer ,,snap benefits for minor children who received free or reduced price school lunches ,section #h7;a7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjag7;a77 is amended by adding at the end the following3 ,the value of the allotment for a participating household that includes a minor child who as of the end of the school year received free or reduced price school lunches under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq47 shall be increased for each such child by #aej for each month during which the school attended by such child is not in session4 4 #aeeib4 ,child tax credit increased for families under #aej percent of poverty line 7a7 ,in general ,section #bd of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new subsection3 7h7 ,special rule for families under #aej percent of poverty line 7#a7 ,in general ,in the case of a taxpayer whose adjusted gross income for the taxable year is less than #aej percent of an amount equal to the poverty line 7as defined by the ,office of ,management and ,budget7 for a family of the size involved1 subsection 7a7 shall be applied by substituting #b1jjj for #a1jjj4 7#b7 ,poverty line used ,for purposes of this subsection1 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 begins4 4 7b7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjai4 #b ,community ,policing ,a ,fair ,chance for ,youth #aefja4 ,short title ,this subpart may be cited as the ,fair ,chance for ,youth ,act of #bjbj4 #aefjb4 ,expungement and sealing of youth criminal records ,chapter #bbi of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 ,d ,expungement and ,sealing of ,youth ,criminal ,records #cfca4 ,youth ,offense ,expungement and ,sealing ,review ,board4 #cfcb4 ,expungement and sealing for youth4 #cfcc4 ,definitions4 #cfcd4 ,reporting4 #cfca4 ,youth ,offense ,expungement and ,sealing ,review ,board 7a7 ,in general ,the ,chief ,judge for each ,federal ,district shall establish-- 7#a7 a ,youth ,offense ,expungement and ,sealing ,review ,board 7hereinafter in this section referred to as the ,review ,board7 to review petitions for discretionary expungement and sealing of youth offenses2 and 7#b7 the rules and procedures governing the operation of the ,review ,board in the exercise of its powers under subsection 7c74 7b7 ,composition ,the ,review ,board shall include one representative1 selected by the ,chief ,judge to serve without compensation1 from each of the following3 7#a7 ,the ,department of ,justice4 7#b7 ,the ,united ,states ,probation and ,pretrial ,services ,system4 7#c7 ,the ,office of the ,federal ,defender or a designated ,criminal ,justice ,act panel attorney or private criminal defense attorney4 7c7 ,powers ,the ,review ,board shall-- 7#a7 review petitions under this subchapter to determine whether the youth1 and the offense on which the petition is based1 meet the eligibility requirements for expungement or sealing consideration2 7#b7 for petitions meeting the eligibility requirements1 evaluate those petitions on the merits in order to make a recommendation on the advisability of granting the petition2 and 7#c7 convey its recommendation1 with a written explanation1 to the ,chief ,judge in each ,federal ,district1 or a designee of the ,chief ,judge1 for consideration4 7d7 ,recommendation ,in making its recommendation1 the ,review ,board-- 7#a7 shall consider all the evidence and testimony presented in the petition and any hearings held on the petition2 7#b7 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 seal2 and 7#c7 shall balance-- 7,a7 the public safety1 the interest of public knowledge1 and any legitimate interest of the ,government in maintaining the accessibility of the protected information2 against 7,b7 the interest of the petitioner in having the petition granted1 including the benefit to the petition's ability to positively contribute to the community1 and the petitioner's conduct and demonstrated desire to be rehabilitated4 7e7 ,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 ,board4 ,the ,court's decision to grant or deny the petition shall give significant weight to the ,review ,board recommendation4 ,the ,court shall grant the petition unless the ,government shows the interests described in subsection 7d77#c77;,a7 outweigh the interests of the petitioner described in subsection 7d77#c77;,b74 7f7 ,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 appealable4 7g7 ,online forms for petitions ,the ,director of the ,administrative ,office of the ,united ,states ,courts shall create and make available to the public1 online and in paper form1 a universal form to file a petition under this section1 and establish a process under which indigent petitioners may obtain a waiver of any fee for filing a petition under this section4 7h7 ,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 order4 #cfcb4 ,expungement and sealing for youth 7a7 ,expungement petition eligibility ,a youth may petition a district court of the ,united ,states for expungement-- 7#a7 of the record of any misdemeanor or nonviolent felony drug conviction #c years after the youth has completed every term of imprisonment related to that misdemeanor or nonviolent felony drug conviction2 7#b7 of the record of any person who has not attained the age of #ah at the time of committing the conduct resulting in conviction for any misdemeanor or nonviolent offense #c years after the person has completed every term of imprisonment related to that misdemeanor or nonviolent offense conviction2 and 7#c7 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 of4 7b7 ,sealing petition eligibility ,a youth may petition a district court of the ,united ,states1 for sealing-- 7#a7 of the record of any nonviolent conviction #e years after the youth has completed every term of imprisonment related to that nonviolent conviction2 7#b7 of the record of any person who has not attained the age of #ah at the time of committing the conduct resulting in conviction for any offense #aj years after the person has completed every term of imprisonment related to that offense conviction2 and 7#c7 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 of4 7c7 ,notice of opportunity ,to file petition ,a youth shall be informed of the eligibility to1 procedures for1 and benefits of filing an expungement or sealing petition-- 7#a7 by the ,district ,court on the date of conviction2 7#b7 by the ,office of ,probation and ,pretrial ,services on the date the youth completes every term of imprisonment2 or 7#c7 if the arrest or prosecution does not result in a conviction1 then by the ,department of ,justice on the date the case is disposed of4 7d7 ,grant of petition ,if a court grants a petition under this section-- 7#a7 the person to whom the record pertains may choose to1 but is not required to1 disclose the existence of the record1 and the offense conduct and any arrest1 juvenile delinquency proceeding1 adjudication1 conviction1 or other result of such proceeding relating to the offense conduct1 shall be treated as if it never occurred2 7#b7 the court shall destroy each paper and electronic copy of the record in the possession of the court2 7#c7 the court shall issue an expungement or sealing order requiring the destruction of any paper and electronic copies of the record by any court1 law enforcement officer1 law enforcement agency1 treatment or rehabilitation services agency1 or employee thereof in possession of those copies2 7#d7 any entity or person listed in paragraph 7#c7 that receives an inquiry relating to the record shall reply to the inquiry stating that no such record exists2 and 7#e7 except as provided in subsection 7f71 no person shall not be subject to prosecution under any civil or criminal provision of ,federal or ,state law relating to perjury1 false swearing1 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 record1 for any purpose4 7e7 ,civil actions 7#a7 ,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 record1 there shall be a rebuttable presumption that the defendant has a complete defense to the action4 7#b7 ,showing by plaintiff ,in an action described in paragraph 7#a71 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 liable4 7#c7 ,duty to testify as to existence of record ,the court in which an action described in paragraph 7#a7 is filed may require the plaintiff to state under oath whether the plaintiff had a record and whether the record was expunged or sealed4 7#d7 ,proof of existence of record ,if the plaintiff in an action described in paragraph 7#a7 denied the existence of a record1 the defendant may prove the existence of the record in any manner compatible with the applicable laws of evidence4 7f7 ,attorney ,general nonpublic records ,the ,attorney ,general shall-- 7#a7 maintain a nonpublic database of all records expunged or sealed under this subchapter2 7#b7 disclose1 access1 or utilize records contained in the nonpublic database only-- 7,a7 in defense of any civil suit arising out of the facts contained in the record2 7,b7 to determine whether the individual to whom the record relates is eligible for a first-time-offender diversion program2 7,c7 for a background check that relates to law enforcement employment or any employment that requires a ,government security clearance2 or 7,d7 if the ,attorney ,general determines that disclosure is necessary to serve the interests of national security2 and 7#c7 to the extent practicable1 notify the individual to whom the record pertains of the disclosure unless it is made pursuant to paragraph 7#b77;,d74 #cfcc4 ,definitions ,in this subchapter-- 7#a7 the term youth means an individual who was #ba years of age or younger at the time of the criminal offense for which the individual was arrested1 prosecuted1 or sentenced2 7#b7 the term nonviolent felony means a ,federal criminal felony offense that is not-- 7,a7 a crime of violence2 or 7,b7 a sex offense 7as that term is defined in section #aaa of the ,sex ,offender ,registration and ,notification ,act72 7#c7 the term record means information1 whether in paper or electronic form1 containing any reference to-- 7,a7 an arrest1 conviction1 or sentence of an individual for an offense2 7,b7 the institution of juvenile delinquency or criminal proceedings against an individual for the offense2 or 7,c7 adjudication1 conviction1 or any other result of juvenile delinquency or criminal proceedings2 7#d7 the term expunge-- 7,a7 means to destroy a record and obliterate the name of the person to whom the record pertains from each official index or public record2 and 7,b7 has the effect described in section #cfca7;g71 including-- 7i7 the right to treat an offense to which an expunged record relates1 and any arrest1 juvenile delinquency proceeding1 adjudication1 conviction1 or other result of such proceeding relating to the offense1 as if it never occurred2 and 7ii7 protection from civil and criminal perjury1 false swearing1 and false statement laws with respect to an expunged record2 7#e7 the term seal-- 7,a7 means-- 7i7 to close a record from public viewing so that the record cannot be examined except by court order2 and 7ii7 to physically seal the record shut and label the record ,,sealed or1 in the case of an electronic record1 the substantive equivalent2 and 7,b7 has the effect described in section #cfca7;g71 including-- 7i7 the right to treat an offense to which an expunged record relates1 and any arrest1 juvenile delinquency proceeding1 adjudication1 conviction1 or other result of such proceeding relating to the offense1 as if it never occurred2 and 7ii7 protection from civil and criminal perjury1 false swearing1 and false statement laws with respect to an expunged record2 7#f7 the term conviction-- 7,a7 means a judgment or disposition in criminal court against a person following a finding of guilt by a judge or jury2 and 7,b7 for the purposes of this section-- 7i7 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 time2 and 7ii7 multiple convictions1 not to exceed #c1 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 indictment1 information1 or complaint1 or plea of guilty2 and 7#g7 the term destroy means to render a file unreadable1 whether paper1 electronic1 or otherwise stored1 by shredding1 pulverizing1 pulping1 incinerating1 overwriting1 reformatting the media1 or other means4 #cfcd4 ,reporting ,not later than #b years after the date of enactment of this subchapter1 and each year thereafter1 the ,attorney ,general shall issue a public report that-- 7#a7 describes-- 7,a7 the number of expungement and sealing petitions granted and denied2 and 7,b7 the number of instances in which the office of a ,united ,states attorney supported or opposed an expungement or sealing petition2 and 7#b7 includes any supporting data that the court determines relevant but does not name any petitioner4 4 #aefjc4 ,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 before1 on1 or after the date of the enactment of this ,act4 ,b ,youth ,prison ,reduction through ,opportunities1 ,mentoring1 ,intervention1 ,support1 and ,education #aefaa4 ,short title ,this subpart may be cited as the ,youth ,prison ,reduction through ,opportunities1 ,mentoring1 ,intervention1 ,support1 and ,education ,act or the ,youth ,,promise ,act4 #aefab4 ,definitions ,in this subpart3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,office of ,juvenile ,justice and ,delinquency ,prevention4 7#b7 ,community ,the term community means a unit of local government or an ,indian tribe1 or part of such a unit or tribe1 as determined by such a unit or tribe for the purpose of applying for a grant under this ,act4 7#c7 ,designated geographic area ,the term designated geographic area means a #e-;digit postal ,,zip ,code assigned to a geographic area by the ,united ,states ,postal ,service4 7#d7 ,evidence-based 7,a7 ,in general ,the term evidence-based1 when used with respect to a practice relating to juvenile delinquency and criminal street gang activity prevention and intervention1 means a practice 7including a service1 program1 activity1 intervention1 technology1 or strategy7 for which the ,administrator has determined-- 7i7 causal evidence documents a relationship between the practice and its intended outcome1 based on measures of the direction and size of a change1 and the extent to which a change may be attributed to the practice2 and 7ii7 the use of scientific methods rules out1 to the extent possible1 alternative explanations for the documented change4 7,b7 ,scientific methods ,for the purposes of subparagraph 7,a71 the term scientific methods means-- 7i7 evaluation by an experimental trial1 in which participants are randomly assigned to participate in the practice that is subject to such trial2 or 7ii7 evaluation by a quasi-experimental trial1 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 participants4 7#e7 ,intervention ,the term intervention means the provision of programs and services that are supported by research1 are evidence-based or promising practices1 and are provided to youth who are involved in1 or who are identified by evidence-based risk assessment methods as being at high risk of continued involvement in1 juvenile delinquency or criminal street gangs1 as a result of indications that demonstrate involvement with problems such as truancy1 substance abuse1 mental health treatment needs1 or siblings who have had involvement with juvenile or criminal justice systems4 7#f7 ,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 systems1 that-- 7,a7 are designed to reduce potential juvenile delinquency and criminal street gang activity risks2 and 7,b7 are evidence-based or promising educational1 health1 mental health1 school-based1 community-based1 faith-based1 parenting1 job training1 social opportunities and experiences1 or other programs1 for youth and their families1 that have been demonstrated to be effective in reducing juvenile delinquency and criminal street gang activity risks4 7#g7 ,promising ,the term promising1 when used with respect to a practice relating to juvenile delinquency and criminal street gang activity prevention and intervention1 means a practice 7including a service1 program1 activity1 intervention1 technology1 or strategy7 that1 based on statistical analyses or a theory of change1 the ,administrator has determined-- 7,a7 has outcomes from an evaluation that demonstrate such practice reduces juvenile delinquency and criminal street gang activity2 and 7,b7 is part of a study being conducted to determine if such a practice is evidence-based4 7#h7 ,state ,the term ,state means each of the several ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 the ,virgin ,islands1 ,american ,samoa1 ,guam1 the ,northern ,mariana ,islands1 and any other territories or possessions of the ,united ,states4 7#i7 ,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 goals4 7#aj7 ,youth ,the term youth means-- 7,a7 an individual who is #ah years of age or younger2 or 7,b7 in any ,state in which the maximum age at which the juvenile justice system of such ,state has jurisdiction over individuals exceeds #ah years of age1 an individual who is such maximum age or younger4 #aefac4 ,findings ,the ,congress finds as follows3 7#a7 ,youth gang crime has taken a toll on a number of communities1 and senseless acts of gang-related violence have imposed economic1 social1 and human costs4 7#b7 ,drug- and alcohol-dependent youth1 and youth dually diagnosed with addiction and mental health disorders1 are more likely to become involved with the juvenile justice system than youth without such risk factors1 absent appropriate prevention and intervention services4 7#c7 ,children of color are over-represented relative to the general population at every stage of the juvenile justice system4 ,black youth are #ag percent of the ,united ,states population1 but represent #ch percent of youth in secure placement juvenile facilities1 and #eh percent of youth incarcerated in adult prisons4 7#d7 ,research funded by the ,department of ,justice indicates that gang membership is short-lived among adolescents4 ,with very few youth remaining gang-involved throughout their adolescent years1 ongoing opportunities for intervention exist4 7#e7 ,criminal justice costs have become burdensome in many ,states and cities1 requiring reductions in vital educational1 social1 welfare1 mental health1 and related services4 7#f7 ,direct expenditures for each of the major criminal justice functions1 police1 corrections1 and judicial services1 have increased steadily over the last #cj years4 ,in fiscal year #bjab1 ,federal1 ,state1 and local governments spent an estimated #bfe1jjj1jjj1jjj for police protection1 corrections1 and judicial and legal services1 nearly a #bac-percent increase since #aihb4 7#g7 ,estimates suggest that each year the ,united ,states incurs over #h1jjj1jjj1jjj in long-term costs for the confinement of young people4 ,the average annual cost to incarcerate one youth is #adf1cjb4 7#h7 ,coordinated efforts of stakeholders in the juvenile justice system in a local community1 together with other organizations and community members concerned with the safety and welfare of children1 have a strong record of demonstrated success in reducing the impact of youth and gang-related crime and violence1 as demonstrated in ,boston1 ,massachusetts2 ,chicago1 ,illinois2 ,richmond1 ,virginia2 ,los ,angeles1 ,california2 and other communities4 7#i7 ,investment in prevention and intervention programs for children and youth1 including quality early childhood programs1 comprehensive evidence-based school1 after school1 and summer school programs1 mentoring programs1 mental health and treatment programs1 evidence-based job training programs1 and alternative intervention programs1 has been shown to lead to decreased youth arrests1 decreased delinquency1 lower recidivism1 and greater financial savings from an educational1 economic1 social1 and criminal justice perspective4 7#aj7 ,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 risks4 7#aa7 ,evidence-based mentoring programs have been shown to prevent youth drug abuse and violence4 7#ab7 ,evidence-based school-based comprehensive instructional programs that pair youth with responsible adult mentors have been shown to have a strong impact upon delinquency prevention4 7#ac7 ,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 activity1 between #c p4m4 and #f p4m41 have been shown to reduce delinquency and the attendant costs imposed on the juvenile and criminal justice systems4 7#ad7 ,states with higher levels of educational attainment have been shown to have crime rates lower than the national average4 ,researchers have found that a #e-percent increase in male high school graduation rates would produce an annual estimated savings of #ah1ejj1jjj1jjj in crime-related expenses4 7#ae7 ,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 offenders1 and significantly reduce the attendant costs of crime and delinquency imposed upon the juvenile and criminal justice systems4 7#af7 ,comprehensive programs that target kids who are already serious juvenile offenders by addressing the multiple factors in peer1 school1 neighborhood1 and family environments known to be related to delinquency can reduce recidivism among juvenile offenders and save the public significant economic costs4 7#ag7 ,there are many alternatives to incarceration of youth that have been proven to be more effective in reducing crime and violence at the ,national1 ,state1 local1 and tribal levels1 and the failure to provide for such effective alternatives is a pervasive problem that leads to increased youth1 and later adult1 crime and violence4 7#ah7 ,savings achieved through early intervention and prevention are significant1 especially when noncriminal justice social1 educational1 mental health1 and economic outcomes are considered4 7#ai7 ,the prevention of child abuse and neglect can help stop a cycle of violence and save up to #e4jj for every #a4jj invested in preventing such abuse and neglect4 7#bj7 ,targeting interventions at special youth risk groups and focusing upon relatively low-cost interventions increases the probability of fiscal benefit4 7#ba7 ,evidence-based intervention treatment facilities have been shown to reduce youth delinquency and to be cost-effective4 7#bb7 ,states1 including ,wisconsin1 ,ohio1 ,new ,york1 ,texas1 and ,pennsylvania1 have seen a reduction in juvenile incarceration due to a reallocation of criminal justice funds towards prevention programs4 #a ,federal coordination of local and tribal juvenile justice information and efforts #aefad4 ,,promise ,advisory ,panel 7a7 ,organization of ,state ,advisory ,group ,member ,representatives ,section #bbc7;f7 of the ,juvenile ,justice and ,delinquency ,prevention ,act of #aigd 7#db ,u4,s4,c4 #efcc7;f77 is amended-- 7#a7 in paragraph 7#a71 by striking an eligible organization composed of member representatives of the ,state advisory groups appointed under subsection 7a77#c7 and inserting a nonpartisan1 nonprofit organization that is described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf12 and 7#b7 by amending paragraph 7#b7 to read as follows3 7#b7 ,assistance ,to be eligible to receive such assistance1 such organization shall-- 7,a7 be governed by individuals who-- 7i7 have been appointed by a chief executive of a ,state to serve as a ,state advisory group member under subsection 7a77#c72 and 7ii7 are elected to serve as a governing officer of such organization by a majority of the ,chairs 7or ,chair-designees7 of all such ,state advisory groups2 7,b7 include member representatives from a majority of such ,state advisory groups1 who shall be representative of regionally and demographically diverse ,states and jurisdictions2 7,c7 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 7iv7 and 7v7 of subparagraph 7,d71 including serving on the ,,promise ,advisory ,panel1 and make a record of any such appointments available to the public2 and 7,d7 agree to carry out activities that include-- 7i7 conducting an annual conference of such member representatives for purposes relating to the activities of such ,state advisory groups2 7ii7 disseminating information1 data1 standards1 advanced techniques1 and program models2 7iii7 reviewing ,federal policies regarding juvenile justice and delinquency prevention2 7iv7 advising the ,administrator with respect to particular functions or aspects of the work of the ,office1 and appointing a representative1 diverse group of members of such organization under subparagraph 7,c7 to serve as an advisory panel of ,state juvenile justice advisors 7referred to as the ,,promise ,advisory ,panel7 to carry out the functions specified in subsection 7g72 and 7v7 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 prevention4 4 7b7 ,,promise ,advisory ,panel ,section #bbc of the ,juvenile ,justice and ,delinquency ,prevention ,act of #aigd 7#db ,u4,s4,c4 #efcc7 is further amended by adding at the end the following new subsection3 7g7 ,,promise ,advisory ,panel 7#a7 ,functions ,the ,,promise ,advisory ,panel required under subsection 7f77#b77;,d7 shall-- 7,a7 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 ,act2 7,b7 provide the ,administrator with a list of individuals and organizations with experience in administering or evaluating practices that serve youth involved in1 or at risk of involvement in1 juvenile delinquency and criminal street gang activity1 from which the ,administrator shall select individuals who shall-- 7i7 provide to the ,administrator peer reviews of applications submitted by units of local government and ,indian tribes pursuant to title ,,ii of such ,act1 to ensure that such applications demonstrate a clear plan to-- 7,i7 serve youth as part of an entire family unit2 and 7,,ii7 coordinate the delivery of service to youth among agencies2 and 7ii7 advise the ,administrator with respect to the award and allocation of ,,promise ,planning grants to local and tribal governments that develop ,,promise ,coordinating ,councils1 and of ,,promise ,implementation grants to such ,,promise ,coordinating ,councils1 pursuant to title ,,ii of such ,act2 and 7,c7 develop performance standards to be used to evaluate programs and activities carried out with grants under title ,,ii of the ,youth ,,promise ,act1 including the evaluation of changes achieved as a result of such programs and activities related to decreases in juvenile delinquency and criminal street gang activity1 including-- 7i7 prevention of involvement by at-risk youth in juvenile delinquency or criminal street gang activity2 7ii7 diversion of youth with a high risk of continuing involvement in juvenile delinquency or criminal street gang activity2 and 7iii7 financial savings from deferred or eliminated costs1 or other benefits1 as a result of such programs and activities1 and the reinvestment by the unit or tribe of any such savings4 7#b7 ,annual report ,not later than #ah months after the date of the enactment of the ,youth ,,promise ,act1 and annually thereafter1 the ,,promise ,advisory ,panel shall prepare a report containing the findings and determinations under paragraph 7#a77;,a7 and shall submit such report to ,congress1 the ,president1 the ,attorney ,general1 and the chief executive and chief law enforcement officer of each ,state1 unit of local government1 and ,indian tribe4 4 7c7 ,authorization of appropriations ,section #bii7;a77#a7 of the ,juvenile ,justice and ,delinquency ,prevention ,act of #aigd 7#db ,u4,s4,c4 #efga7;a77#a77 is amended by striking #bjjc1 #bjjd1 #bjje1 #bjjf1 and #bjjg and inserting #bjba through #bjbd4 #aefae4 ,geographic assessment of resource allocation 7a7 ,grant for collection of data ,to determine need ,subject to the availability of appropriations1 the ,administrator shall award a grant1 on a competitive basis1 to an organization to-- 7#a7 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 area2 7#b7 use the data collected and analyzed under paragraph 7#a7 to compile a list of designated geographic areas that have the most need of resources1 based on such data1 to carry out juvenile delinquency and criminal street gang activity prevention and intervention2 7#c7 use the data collected and analyzed under paragraph 7#a7 to rank the areas listed under paragraph 7#b7 in descending order by the amount of need for resources to carry out juvenile delinquency and criminal street gang activity prevention and intervention1 ranking the area with the greatest need for such resources highest2 and 7#d7 periodically update the list and rankings under paragraph 7#c7 as the ,administrator determines to be appropriate4 7b7 ,data sources ,in compiling such list and determining such rankings1 the organization shall collect and analyze data relating to juvenile delinquency and criminal street gang activity prevention and intervention-- 7#a7 using the geographic information system and web-based mapping application known as the ,socioeconomic ,mapping and ,resource ,topography 7,,smart7 system2 7#b7 from the ,department of ,health and ,human ,services1 the ,department of ,labor1 the ,department of ,housing and ,urban ,development1 and the ,department of ,education2 and 7#c7 from the annual ,,kids ,count ,data ,book and other data made available by the ,,kids ,count initiative of the ,annie ,e4 ,casey ,foundation4 7c7 ,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 services4 7d7 ,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 ,act4 ,such information may not be used for any purpose related to the investigation or prosecution of any person1 or for profiling of individuals based on race1 ethnicity1 socio-economic status1 or any other characteristic4 7e7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this chapter-- 7#a7 #ajj1jjj1jjj for each of fiscal years #bjbb through #bjbf2 7#b7 for fiscal year #bjbb1 not more than #e percent of such amount1 or #a1jjj1jjj1 whichever is less1 shall be made available to carry out this section2 and 7#c7 for fiscal years #bjbb through #bjbe1 not more than #b percent of such amount1 or #djj1jjj1 whichever is less1 shall be made available to carry out this section4 #b ,promise ,grants #aefaf4 ,purposes ,the purposes of the grant programs established under this chapter are to-- 7#a7 enable local and tribal communities to assess the unmet needs of youth who are involved in1 or are at risk of involvement in1 juvenile delinquency or criminal street gangs2 7#b7 develop plans appropriate for a community to address those unmet needs with juvenile delinquency and gang prevention and intervention practices2 and 7#c7 implement and evaluate such plans in a manner consistent with this ,act4 ,a ,,promise ,assessment and ,planning ,grants #aefag4 ,,promise ,assessment and ,planning grants authorized 7a7 ,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 intervention1 especially for youth who are involved in1 or who are at risk of involvement in1 juvenile delinquency and criminal street gang activity4 ,such ,,promise ,coordinating ,councils shall-- 7#a7 conduct an objective needs and strengths assessment in accordance with section #aefjc2 and 7#b7 develop a ,,promise ,plan in accordance with section #bjd1 based on the assessment conducted in accordance with section #aefjc4 7b7 ,grant duration1 amount1 and allocation 7#a7 ,duration ,a grant awarded under this section shall be for a period not to exceed one year4 7#b7 ,maximum grant amount ,a grant awarded under this section shall not exceed #cjj1jjj4 7c7 ,allocation 7#a7 ,minimum allocation ,subject to the availability of appropriations1 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 #a1jjj1jjj4 7#b7 ,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 7#a7 to units of local government and ,indian tribes in each ,state1 then the amount of such minimum allocation shall be ratably reduced4 #aefah4 ,,promise ,coordinating ,councils ,to be eligible to receive a grant under this subpart1 a unit of local government or an ,indian tribe shall establish a ,,promise ,coordinating ,council for each community of such unit or tribe1 respectively1 for which such unit or tribe is applying for a grant under this subpart4 ,each such community shall include one or more designated geographic areas identified on the list required under section #aeeab7;a77#b74 ,the members of such a ,,promise ,coordinating ,council shall be representatives of public and private sector entities and individuals that-- 7#a7 shall include1 to the extent possible1 at least one representative from each of the following3 7,a7 the local chief executive's office2 7,b7 a local educational agency2 7,c7 a local health agency or provider2 7,d7 a local mental health agency or provider1 unless the representative under subparagraph 7,c7 also meets the requirements of this subparagraph2 7,e7 a local public housing agency2 7,f7 a local law enforcement agency2 7,g7 a local child welfare agency2 7,h7 a local juvenile court2 7,i7 a local juvenile prosecutor's office2 7,j7 a private juvenile residential care entity2 7,k7 a local juvenile public defender's office2 7,l7 a ,state juvenile correctional entity2 7,m7 a local business community representative2 and 7,n7 a local faith-based community representative2 7#b7 shall include two representatives from each of the following3 7,a7 parents who have minor children1 and who have an interest in the local juvenile or criminal justice systems2 7,b7 youth between the ages of #ae and #bd who reside in the jurisdiction of the unit or tribe2 and 7,c7 members from nonprofit community-based organizations that provide effective delinquency prevention and intervention to youth in the jurisdiction of the unit or tribe2 and 7#c7 may include other members1 as the unit or tribe determines to be appropriate4 #aefai4 ,needs and strengths assessment 7a7 ,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 established1 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 intervention4 ,the ,,promise ,coordinating ,council shall consult with a research partner receiving a grant under section #aegjb for assistance with such assessment4 ,such assessment shall include1 with respect to the community for which such ,,promise ,coordinating ,council was established-- 7#a7 the number of youth who are at-risk of involvement in juvenile delinquency or street gang activity2 7#b7 the number of youth who are involved in juvenile delinquency or criminal street gang activity1 including the number of such youth who are at high risk of continued involvement2 7#c7 youth unemployment rates during the summer2 7#d7 the number of individuals on public financial assistance 7including a breakdown of the numbers of men1 women1 and children on such assistance72 7#e7 the estimated number of youth who are chronically truant2 7#f7 the number of youth who have dropped out of school in the previous year2 7#g7 for the year before such assessment1 the estimated total amount expended 7by the community and other entities7 for the incarceration of offenders who were convicted or adjudicated delinquent for an offense that was committed in such community1 including amounts expended for the incarceration of offenders in prisons1 jails1 and juvenile facilities that are located in the ,united ,states but are not located in such community2 7#h7 a comparison of the amount under paragraph 7#g7 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 #ajj1jjj population2 7#i7 a description of evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention available for youth in the community1 including school-based programs1 after school programs 7particularly programs that have activities available for youth between #c p4m4 and #f p4m4 in the afternoon71 weekend activities and programs1 youth mentoring programs1 faith and community-based programs1 summer activities1 and summer jobs1 if any2 and 7#aj7 a description of evidence-based and promising intervention practices available for youth in the community4 7b7 ,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 subpart4 #aefbj4 ,,promise ,plan components 7a7 ,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 of1 and1 as appropriate1 to support the delivery of1 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 established4 ,such a ,,promise ,plan shall-- 7#a7 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 community1 consistent with the needs and available resources of communities with the greatest need for assistance1 as determined pursuant to section #aefae2 7#b7 include a combination of evidence-based and promising prevention and intervention practices that are responsive to the needs of the community2 and 7#c7 ensure that cultural and linguistic needs of the community are met4 7b7 ,mandatory components ,each ,,promise ,plan shall-- 7#a7 include a plan to connect youth identified in paragraphs 7#a7 and 7#b7 of section #aefai7;a7 to evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention2 7#b7 identify the amount or percentage of local funds that are available to the ,,promise ,coordinating ,council to carry out the ,,promise ,plan2 7#c7 provide strategies to improve indigent defense delivery systems1 with particular attention given to groups of children who are disproportionately represented in the ,state delinquency system and ,federal criminal justice system1 as compared to the representation of such groups in the general population of the ,state2 7#d7 provide for training 7which complies with the ,american ,bar ,association ,juvenile ,justice ,standards for the representation and care of youth in the juvenile justice system7 of prosecutors1 defenders1 probation officers1 judges and other court personnel related to issues concerning the developmental needs1 challenges1 and potential of youth in the juvenile justice system 7including training related to adolescent development and mental health issues1 and the expected impact of evidence-based practices and cost reduction strategies72 7#e7 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 subpart2 7#f7 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 intervention2 7#g7 propose the performance evaluation process to be used to carry out section #aefbb7;d71 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 intervention2 and 7#h7 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 intervention1 and for the evaluation under section #aefbb7;d7 of the results of the activities carried out with funds under this subpart4 7c7 ,voluntary components ,in addition to the components under subsection 7b71 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 categories3 7#a7 ,early childhood development services 7such as prenatal and neonatal health services71 early childhood prevention1 voluntary home visiting programs1 nurse-family partnership programs1 parenting and healthy relationship skills training1 child abuse prevention programs1 ,early ,head ,start1 and ,head ,start4 7#b7 ,child protection and safety services 7such as foster care and adoption assistance programs71 family stabilization programs1 child welfare services1 and family violence intervention programs4 7#c7 ,youth and adolescent development services1 including job training and apprenticeship programs1 job placement and retention training1 education and after school programs 7such as school programs with shared governance by students1 teachers1 and parents1 and activities for youth between the hours of #c p4m4 and #f p4m4 in the afternoon71 mentoring programs1 conflict resolution skills training1 sports1 arts1 life skills1 employment and recreation programs1 summer jobs1 and summer recreation programs1 and alternative school resources for youth who have dropped out of school or demonstrate chronic truancy4 7#d7 ,health and mental health services1 including cognitive behavioral therapy1 play therapy1 and peer mentoring and counseling4 7#e7 ,substance abuse counseling and treatment services1 including harm-reduction strategies4 7#f7 ,emergency1 transitional1 and permanent housing assistance 7such as safe shelter and housing for runaway and homeless youth74 7#g7 ,targeted gang prevention1 intervention1 and exit services such as tattoo removal1 successful models of anti-gang crime outreach programs 7such as street worker programs71 and other criminal street gang truce or peacemaking activities4 7#h7 ,training and education programs for pregnant teens and teen parents4 7#i7 ,restorative justice programs4 7#aj7 ,alternatives to detention and confinement programs 7such as mandated participation in community service1 restitution1 counseling1 and intensive individual and family therapeutic approaches74 7#aa7 ,prerelease1 postrelease1 and reentry services to assist detained and incarcerated youth with transitioning back into and reentering the community4 #aefba4 ,authorization of appropriations ,for fiscal years #bjba through #bjbe1 of the amount made available under section #aefbd to carry out this ,act for any fiscal year1 not more than #ae percent shall be made available to carry out this subpart4 ,b ,,promise ,implementation ,grants #aefbb4 ,,promise ,implementation grants authorized 7a7 ,,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 ,a4 7b7 ,grant duration and amount 7#a7 ,duration ,a grant awarded under this subpart shall be for a #c-year period4 7#b7 ,maximum grant amount ,a grant awarded under this subpart shall not be for more than #aj1jjj1jjj per year for each year of the grant period4 7c7 ,non-,federal funds required ,for each fiscal year during the #c-year grant period for a grant under this subpart1 each unit of local government or ,indian tribe receiving such a grant for a ,,promise ,coordinating ,council shall provide1 from non-,federal funds1 in cash or in kind1 #be percent of the costs of the activities carried out with such grant4 7d7 ,evaluation ,of any funds provided to a unit of local government or an ,indian tribe for a grant under this subpart1 not more than #ajj1jjj 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 community1 in accordance with the performance measures under section #aefbj7;b77#g74 #aefbc4 ,,promise ,implementation grant application requirements 7a7 ,application required ,to be eligible to receive a ,,promise ,implementation grant under this subpart1 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 #a year after the date such unit of local government or ,indian tribe was awarded such grant under subchapter ,a1 in such manner1 and accompanied by such information1 as the ,administrator1 after consultation with the organization under section #bbc7;f77#a7 of the ,juvenile ,justice and ,delinquency ,prevention ,act of #aigd 7#db ,u4,s4,c4 #efcc7;f77#a771 may require4 7b7 ,contents of application ,each application submitted under subsection 7a7 shall-- 7#a7 identify potential savings from criminal justice costs1 public assistance costs1 and other costs avoided by utilizing evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention2 7#b7 document-- 7,a7 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 tribe2 7,b7 the activities to be undertaken with the grants funds2 7,c7 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 grant2 and 7,d7 outcomes from such activities1 in terms of the expected numbers related to reduced criminal activity2 7#c7 describe how savings sustained from investment in prevention and intervention practices will be reinvested in the continuing implementation of the ,,promise ,plan2 and 7#d7 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 period4 #aefbd4 ,grant award guidelines 7a7 ,selection and distribution ,grants awarded under this subpart shall be awarded on a competitive basis4 ,the ,administrator shall-- 7#a7 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-- 7,a7 at risk of involvement in juvenile delinquency or criminal street gang activity2 and 7,b7 involved in juvenile delinquency or street gang activity and who are at high-risk of continued involvement2 and 7#b7 give consideration to the need for grants to be awarded to units of local governments and ,indian tribes in each region of the ,united ,states1 and among urban1 suburban1 and rural areas4 7b7 ,extension of grant award ,the ,administrator may extend the grant period under section #aefbb7;b77#a7 for a ,,promise ,implementation grant to a unit of local government or an ,indian tribe1 in accordance with regulations issued by the ,administrator4 7c7 ,renewal of grant award ,subject to the availability of appropriations1 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 ,plan4 ,such a renewal-- 7#a7 shall be initiated by an application for renewal from a unit of local government or an ,indian tribe2 7#b7 shall be carried out in accordance with regulations issued by the ,administrator2 and 7#c7 shall not be granted unless the ,administrator determines such a renewal to be appropriate based on the results of the evaluation conducted under section #aefbc7;a7 with respect to the community of such unit or tribe for which a ,,promise ,coordinating ,council was established1 and for which such unit or tribe is applying for renewal4 #aefbe4 ,reports ,not later than #a year after the end of the grant period for which a unit of local government or an ,indian tribe receives a ,,promise ,implementation grant1 and annually thereafter for as long as such unit or tribe continues to receive ,federal funding for a ,,promise ,coordinating ,council1 such unit or tribe shall report to the ,administrator regarding the use of ,federal funds to implement the ,,promise ,plan developed under subchapter ,a4 #aefbf4 ,authorization of appropriations ,for fiscal years #bjbb through #bjbe1 of the amount made available under section #aefbd to carry out this ,act for any fiscal year1 not more than #ge percent shall be made available to carry out this subpart4 ,c ,general ,,promise ,grant ,provisions #aefbg4 ,nonsupplanting clause ,a unit of local government or ,indian tribe receiving a grant under this title shall use such grant only to supplement1 and not supplant1 the amount of funds that1 in the absence of such grant1 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 intervention4 #aefbh4 ,grant application review panel ,the ,administrator of the ,office of ,juvenile ,justice and ,delinquency ,prevention1 in conjunction with the ,,promise ,advisory ,panel1 shall establish and utilize a transparent1 reliable1 and valid system for evaluating applications for ,,promise ,assessment and ,planning grants and for ,,promise ,implementation grants1 and shall determine which applicants meet the criteria for funding1 based primarily on a determination of greatest need 7in accordance with section #aefae71 with due consideration to other enumerated factors and the indicated ability of the applicant to successfully implement the program described in the application4 #aefbi4 ,evaluation of ,,promise grant programs 7a7 ,evaluation required ,subject to the availability of appropriations under this title1 the ,administrator shall1 in consultation with the organization provided assistance under section #bbc7;f77#a7 of the ,juvenile ,justice and ,delinquency ,prevention ,act of #aigd 7#db ,u4,s4,c4 #efcc7;f77#a771 provide for an evaluation of the programs and activities carried out with grants under this title4 ,in carrying out this section1 the ,administrator shall-- 7#a7 award grants to institutions of higher education 7including institutions that are eligible to receive funds under part ,f of title ,,iii of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq et seq4771 to facilitate the evaluation process and measurement of achieved outcomes2 7#b7 identify evidence-based and promising practices used by ,,promise ,coordinating ,councils under ,,promise ,implementation grants that have proven to be effective in preventing involvement in1 or diverting further involvement in1 juvenile delinquency or criminal street gang activity2 and 7#c7 ensure-- 7,a7 that such evaluation is based on the performance standards that are developed by the ,,promise ,advisory ,panel in accordance with section #bbc7;g7 of the ,juvenile ,justice and ,delinquency ,prevention ,act of #aigd 7as added by section #aefad7;b7 of this ,act72 7,b7 the development of longitudinal and clinical trial evaluation and performance measurements with regard to the evidence-based and promising practices funded under this chapter2 and 7,c7 the dissemination of the practices identified in paragraph 7#b7 to the ,national ,research ,center for ,proven ,juvenile ,justice ,practices 7established under section #aefca71 units of local government1 and ,indian tribes to promote the use of such practices by such units and tribes to prevent involvement in1 or to divert further involvement in1 juvenile delinquency or criminal street gang activity4 7b7 ,results to the national research center for proven juvenile justice practices ,the ,administrator shall provide the results of the evaluation under subsection 7a7 to the ,national ,research ,center for ,proven ,juvenile ,justice ,practices established under section #aefca4 #aefcj4 ,reservation of funds ,for fiscal years #bjbb through #bjbf1 not more than #bj 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 ,act4 ,c ,,promise research centers #aefca4 ,establishment of the ,national ,research ,center for ,proven ,juvenile ,justice ,practices 7a7 ,center established ,subject to the availability of appropriations1 the ,administrator shall award a grant to a nonprofit organization with a national reputation for expertise in operating or evaluating effective1 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 ,practices4 ,such ,center shall-- 7#a7 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 ,act2 7#b7 collect1 and disseminate to ,,promise ,coordinating ,councils1 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 ,act2 7#c7 increase the public's knowledge and understanding of effective juvenile justice practices to prevent crime and delinquency and reduce recidivism2 and 7#d7 develop1 manage1 and regularly update a site to disseminate proven practices for successful juvenile delinquency prevention and intervention4 7b7 ,authorization of appropriations ,of the amount made available under section #aefaf to carry out this ,act-- 7#a7 for fiscal year #bjbb1 not more than #b4e percent of such amount shall be made available to carry out this section2 and 7#b7 for fiscal years #bjbb through #bjbd1 not more than #d percent of such amount shall be made available to carry out this section4 #aefcb4 ,grants for regional research proven practices partnerships 7a7 ,grant program authorized ,the ,administrator shall1 subject to the availability of appropriations1 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 institution1 in collaboration with the ,national ,research ,center for ,proven ,juvenile ,justice ,practices authorized under section #aefca4 ,regional research partners shall provide research support to such ,,promise ,coordinating ,councils1 including-- 7#a7 assistance with preparing ,,promise grant applications under title ,,ii1 including collection of baseline data for such applications2 7#b7 assistance with the needs and strengths assessments conducted under section #aefjc2 and 7#c7 provision of support services to ,,promise grant recipients for data collection and analysis to assess progress under the ,,promise grant4 7b7 ,authorization of appropriations ,of the amount made available under section #aefbd to carry out this ,act-- 7#a7 for fiscal year #bjbb1 not more than #b4e percent of such amount shall be made available to carry out this section2 and 7#b7 for fiscal years #bjbb through #bjbd1 not more than #d percent of such amount shall be made available to carry out this section4 ,c ,safe ,streets and ,representative ,police ,forces #aefda4 ,short title ,this subpart may be cited as the ,safe ,streets and ,representative ,police ,forces ,act of #bjbj4 #aefdb4 ,grants to increase the racial diversity of law enforcement agencies ,section #agja7;b7 of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgif;dd7b77 is amended-- 7#a7 in paragraph 7#af71 by striking and at the end2 7#b7 by redesignating paragraph 7#ag7 as paragraph 7#ah72 7#c7 by inserting after paragraph 7#af7 the following3 7#ag7 to increase the racial diversity of law enforcement agencies by awarding grants to institutions of higher education 7as such term is defined in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja771 with priority given to ,predominantly ,black ,institutions 7as such term is defined in section #cah of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;e771 historically ,black colleges and universities 7as such term is defined in section #fca of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #aacb771 institutions of higher education at which not less than #dj percent of the enrolled students are ,latino1 and institutions of higher education at which not less than #dj percent of the enrolled students are ,native ,american1 to support majors related to criminal justice1 including psychology1 sociology1 prelaw1 and criminal justice majors2 and 2 and 7#d7 in paragraph 7#ah71 as so redesignated1 by striking paragraphs 7#a7 through 7#af7 and inserting paragraphs 7#a7 through 7#ag74 #c ,common ,sense ,gun ,violence ,prevention ,a ,hadiya ,pendleton and ,nyasia ,pryear-,yard ,gun ,trafficking and ,crime ,prevention #aegja4 ,short title ,this subpart may be cited as the ,hadiya ,pendleton and ,nyasia ,pryear-,yard ,gun ,trafficking and ,crime ,prevention ,act of #bjbj4 #aegjb4 ,firearms trafficking 7a7 ,in general ,chapter #dd of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #icb4 ,trafficking in firearms 7a7 ,offenses ,it shall be unlawful for any person1 regardless of whether anything of value is exchanged-- 7#a7 to ship1 transport1 transfer1 or otherwise dispose to a person1 two or more firearms in or affecting interstate or foreign commerce1 if the transferor knows or has reasonable cause to believe that such use1 carry1 possession1 or disposition of the firearm would be in violation of1 or would result in a violation of any ,federal1 ,state1 or local law punishable by a term of imprisonment exceeding #a year2 7#b7 to receive from a person1 two or more firearms in or affecting interstate or foreign commerce1 if the recipient knows or has reasonable cause to believe that such receipt would be in violation of1 or would result in a violation of any ,federal1 ,state1 or local law punishable by a term of imprisonment exceeding #a year2 7#c7 to make a statement to a licensed importer1 licensed manufacturer1 or licensed dealer relating to the purchase1 receipt1 or acquisition from a licensed importer1 licensed manufacturer1 or licensed dealer of two or more firearms that have moved in or affected interstate or foreign commerce that-- 7,a7 is material to-- 7i7 the identity of the actual buyer of the firearms2 or 7ii7 the intended trafficking of the firearms2 and 7,b7 the person knows or has reasonable cause to believe is false2 or 7#d7 to direct1 promote1 or facilitate conduct specified in paragraph 7#a71 7#b71 or 7#c74 7b7 ,penalties 7#a7 ,in general ,any person who violates1 or conspires to violate1 subsection 7a7 shall be fined under this title1 imprisoned for not more than #bj years1 or both4 7#b7 ,organizer enhancement ,if a violation of subsection 7a7 is committed by a person in concert with five or more other persons with respect to whom such person occupies a position of organizer1 a supervisory position1 or any other position of management1 such person may be sentenced to an additional term of imprisonment of not more than #e consecutive years4 7c7 ,definitions ,in this section-- 7#a7 the term actual buyer means the individual for whom a firearm is being purchased1 received1 or acquired2 and 7#b7 the term term of imprisonment exceeding #a year does not include any offense classified by the applicable jurisdiction as a misdemeanor and punishable by a term of imprisonment of #b years or less4 4 7b7 ,technical and conforming amendment ,the table of sections for chapter #dd of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #icb4 ,trafficking in firearms4 4 7c7 ,directive to the sentencing commission 7#a7 ,in general ,pursuant to its authority under section #iid7p7 of title #bh1 ,united ,states ,code1 the ,united ,states ,sentencing ,commission shall review and1 if appropriate1 amend the ,federal sentencing guidelines and policy statements applicable to persons convicted of offenses under section #icb of title #ah1 ,united ,states ,code 7as added by subsection 7a774 7#b7 ,requirements ,in carrying out this section1 the ,commission shall-- 7,a7 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 offense2 and 7,b7 review and amend1 if appropriate1 the guidelines and policy statements to reflect the intent of ,congress that guideline penalties for violations of section #icb of title #ah1 ,united ,states ,code1 and similar offenses be increased substantially when committed by a person who is a member of a gang1 cartel1 organized crime ring1 or other such enterprise or in concert with another person who is a member of a gang1 cartel1 organized crime ring or other such enterprise4 ,b ,report on effects of gun violence on public health #aegaa4 ,report on effects of gun violence on public health ,not later than #a year after the date of the enactment of this ,act1 and annually thereafter1 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 period1 and the status of actions taken to address such effects4 #aegab4 ,prohibition on certain amendments to appropriations measures ,clause #b of rule ,,xxi of the ,rules of the ,house of ,representatives is amended by adding at the end the following new paragraph3 7g7 ,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 thereto4 4 ,c ,keeping ,guns from ,high-,risk ,individuals #aegba4 ,short title ,this subpart may be cited as the ,keeping ,guns from ,high-,risk ,individuals ,act4 #aegbb4 ,firearm prohibitions applicable with respect to certain high-risk individuals 7a7 ,sales or other dispositions ,section #ibb7;d7 of title #ah1 ,united ,states ,code1 is amended in the first sentence-- 7#a7 by striking or at the end of paragraph 7#h72 7#b7 by striking the period at the end of paragraph 7#i7 and inserting a semicolon2 and 7#c7 by adding at the end the following3 7#aj7 in the most recent #aj-year period1 has been convicted in any court of a crime of violence 7as defined in section #af72 7#aa7 has not attained #be years of age1 and has been adjudicated by any court as having committed an offense that would have been a crime of violence 7as defined in section #af7 if committed by an adult2 7#ab7 in any period of #c consecutive years in the most recent #aj-year period1 has been convicted in any court1 on #b separate occasions1 of an offense that has1 as an element1 the possession or distribution of1 or the intent to possess or distribute1 alcohol or a controlled substance 7as so defined72 or 7#ac7 has been convicted in any court of stalking4 4 7b7 ,possession1 shipment1 transportation1 or receipt ,section #ibb7;g7 of such title is amended-- 7#a7 by striking or at the end of paragraph 7#h72 7#b7 by striking the comma at the end of paragraph 7#i7 and inserting a semicolon2 and 7#c7 by inserting after paragraph 7#i7 the following3 7#aj7 who1 in the most recent #aj-year period1 has been convicted in any court of a crime of violence 7as defined in section #af72 7#aa7 who has not attained #be years of age and has been adjudicated by any court as having committed an offense that would have been a crime of violence 7as defined in section #af7 if committed by an adult2 7#ab7 who1 in any period of #c consecutive years in the most recent #aj-year period1 has been convicted in any court1 on #b separate occasions1 of an offense that has1 as an element1 the possession or distribution of1 or the intent to possess or distribute1 alcohol or a controlled substance 7as so defined72 or 7#ac7 who has been convicted in any court of stalking1 4 ,d ,strengthening ,gun ,checks ,act #aegca4 ,short title ,this subpart may be cited as the ,strengthening ,gun ,checks ,act of #bjbj4 #a ,ensuring that all individuals who should be prohibited from buying a gun are listed in the ,national ,instant ,criminal ,background ,check ,system #aegcb4 ,states to make data electronically available to the ,national ,instant ,criminal ,background ,check ,system 7a7 ,in general ,section #ajb7;b7 of the ,,nics ,improvement ,amendments ,act of #bjjg 7#ah ,u4,s4,c4 #ibb note7 is amended to read as follows3 7b7 ,implementation plan 7#a7 ,in general ,within #a year after the date of the enactment of this subsection1 the ,attorney ,general1 in coordination with the ,states1 shall establish1 for each ,state or ,indian tribal government1 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 #ajc of the ,brady ,handgun ,violence ,prevention ,act1 during a #d-year period specified in the plan4 7#b7 ,benchmark requirements ,each such plan shall include annual benchmarks1 including qualitative goals and quantitative measures1 to enable the ,attorney ,general to assess implementation of the plan4 4 7b7 ,incentive grants for rapid compliance ,section #ejf of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgef7 is amended by adding at the end the following3 7c7 ,of the total amount made available to carry out this subpart for a fiscal year1 the ,attorney ,general shall reserve not more than #ej1jjj1jjj for incentive grants by the ,attorney ,general to ,states that comply with section #ajb7;b7 of the ,,nics ,improvement ,amendments ,act of #bjjg 7#ah ,u4,s4,c4 #ibb note71 in accordance with the following3 7#a7 ,during the #d-year period covered by a plan established under such section1 if the ,state meets the benchmark established under paragraph 7#b7 of such section1 the ,state may receive an incentive grant under this paragraph4 7#b7 ,the ,attorney ,general shall allocate the amounts reserved under this section equally among each ,state receiving an incentive grant4 4 #aegcc4 ,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 #ajc7;e77#a7 of the ,brady ,handgun ,violence ,prevention ,act 7#ah ,u4,s4,c4 #ibb note7 is amended by adding at the end the following3 7,f7 ,semiannual certification and reporting 7i7 ,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 7g7 or 7n7 of section #ibb of title #ah1 ,united ,states ,code4 7ii7 ,submission dates ,the head of a ,federal department or agency shall submit a certification under clause 7i7-- 7,i7 not later than ,july #ca of each year1 which shall address any record the department or agency was in possession of during the period beginning on ,january #a of the year and ending on ,june #cj of the year2 and 7,,ii7 not later than ,january #ca of each year1 which shall address any record the department or agency was in possession of during the period beginning on ,july #a of the previous year and ending on ,december #ca of the previous year4 7iii7 ,contents ,a certification required under clause 7i7 shall state1 for the applicable period-- 7,i7 the number of records of the ,federal department or agency demonstrating that a person fell within each of the categories described in section #ibb7;g7 of title #ah1 ,united ,states ,code2 7,,ii7 the number of records of the ,federal department or agency demonstrating that a person fell within the category described in section #ibb7n7 of title #ah1 ,united ,states ,code2 and 7,,iii7 for each category of records described in subclauses 7,i7 and 7,,ii71 the total number of records of the ,federal department or agency that have been provided to the ,attorney ,general4 4 #aegcd4 ,adjudicated as a mental defective 7a7 ,in general ,section #iba7;a7 of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7#cf7 ,the term adjudicated as a mental defective shall-- 7,a7 have the meaning given the term in section #dgh4aa of title #bg1 ,code of ,federal ,regulations1 or any successor thereto2 and 7,b7 include an order by a court1 board1 commission1 or other lawful authority that a person1 in response to mental illness1 incompetency1 or marked subnormal intelligence1 be compelled to receive services-- 7i7 including counseling1 medication1 or testing to determine compliance with prescribed medications2 and 7ii7 not including testing for use of alcohol or for abuse of any controlled substance or other drug4 7#cg7 ,the term committed to a mental institution shall have the meaning given the term in section #dgh4aa of title #bg1 ,code of ,federal ,regulations1 or any successor thereto4 4 7b7 ,limitation ,an individual who has been adjudicated as a mental defective before the effective date described in section #aefjc may not apply for relief from disability under section #aja7;c77#b7 of the ,,nics ,improvement ,amendments ,act of #bjjg 7#ah ,u4,s4,c4 #ibb note7 on the basis that the individual does not meet the requirements in section #iba7;a77#cf7 of title #ah1 ,united ,states ,code1 as added by subsection 7a74 7c7 ,,nics ,improvement ,amendments ,act of #bjjg ,section #c of the ,,nics ,improvement ,amendments ,act of #bjjg 7#ah ,u4,s4,c4 #ibb note7 is amended by striking paragraph 7#b7 and inserting the following3 7#b7 ,mental health terms 7,a7 ,in general ,except as provided in subparagraph 7,b71 the terms adjudicated as a mental defective and committed to a mental institution shall have the meaning given the terms in section #iba7;a7 of title #ah1 ,united ,states ,code4 7,b7 ,exception ,for purposes of sections #ajb and #ajc1 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 #bjah until the end of the #b-year period beginning on such date of enactment4 4 #aegce4 ,clarification that ,federal court information is to be made available to the ,national ,instant ,criminal ,background ,check ,system ,section #ajc7;e77#a7 of the ,brady ,handgun ,violence ,protection ,act 7#ah ,u4,s4,c4 #ibb note71 as amended by section #aegcc of this chapter1 is amended by adding at the end the following3 7,g7 ,application to ,federal courts ,in this paragraph-- 7i7 the terms department or agency of the ,united ,states and ,federal department or agency include a ,federal court2 and 7ii7 for purposes of any request1 submission1 or notification1 the ,director of the ,administrative ,office of the ,united ,states ,courts shall perform the functions of the head of the department or agency4 4 #b ,requiring a background check for every firearm sale #aegcf4 ,purpose ,the purpose of this chapter is to extend the ,brady ,law background check procedures to all sales and transfers of firearms4 #aegcg4 ,firearms transfers 7a7 ,in general ,section #ibb of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by striking subsection 7s7 and redesignating subsection 7t7 as subsection 7s72 7#b7 in subsection 7s71 as so redesignated-- 7,a7 in paragraph 7#c77;,c77ii71 by striking 7as defined in subsection 7s77#h772 and 7,b7 by adding at the end the following3 7#g7 ,in this subsection1 the term chief law enforcement officer means the chief of police1 the sheriff1 or an equivalent officer or the designee of any such individual4 2 and 7#c7 by inserting after subsection 7s71 as so redesignated1 the following3 7t7 7#a7 ,it shall be unlawful for any person who is not a licensed importer1 licensed manufacturer1 or licensed dealer to transfer a firearm to any other person who is not so licensed1 unless a licensed importer1 licensed manufacturer1 or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection 7s74 ,upon taking possession of the firearm1 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 transferee4 7#b7 ,paragraph 7#a7 shall not apply to-- 7,a7 a transfer of a firearm by or to any law enforcement agency or any law enforcement officer1 armed private security professional1 or member of the armed forces1 to the extent the officer1 professional1 or member is acting within the course and scope of employment and official duties2 7,b7 a transfer between spouses1 between domestic partners1 between parents and their children1 between siblings1 or between grandparents and their grandchildren2 7,c7 a transfer to an executor1 administrator1 trustee1 or personal representative of an estate or a trust that occurs by operation of law upon the death of another person2 7,d7 a temporary transfer that is necessary to prevent imminent death or great bodily harm1 if the possession by the transferee lasts only as long as immediately necessary to prevent the imminent death or great bodily harm2 7,e7 a transfer that is approved by the ,attorney ,general under section #ehab of the ,internal ,revenue ,code of #aihf2 and 7,f7 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 law1 and the transfer takes place and the transferee's possession of the firearm is exclusively-- 7i7 at a shooting range or in a shooting gallery or other area designated and built for the purpose of target shooting2 7ii7 while hunting1 trapping1 or fishing1 if the hunting1 trapping1 or fishing is legal in all places where the transferee possesses the firearm and the transferee holds all licenses or permits required for such hunting1 trapping1 or fishing2 or 7iii7 while in the presence of the transferor4 ,nothing in this section shall be construed to preempt any ,state criminal statutory or case law related to self-defense1 heat of passion1 or any other justifying or mitigation action in a crime or potential crime involving a firearm4 4 7b7 ,technical and conforming amendments 7#a7 ,section #ibb ,section #ibb7y77#b7 of such title is amended in the matter preceding subparagraph 7,a71 by striking 1 7g77#e77;,b71 and 7s77#c77;,b77v77,,ii7 and inserting and 7g77#e77;,b74 7#b7 ,section #ibe;,a ,section #ibe;,a of such title is amended in the matter preceding paragraph 7#a71 by striking subsection 7s7 or 7t7 of section #ibb and inserting section #ibb7s74 7c7 ,effective date ,the amendment made by subsection 7a77#d7 shall take effect #ahj days after the date of the enactment of this ,act4 #aegch4 ,lost and stolen reporting 7a7 ,in general ,section #ibb of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7aa7 ,it shall be unlawful for any person who lawfully possesses or owns a firearm that has been shipped or transported in1 or has been possessed in or affecting1 interstate or foreign commerce1 to fail to report the theft or loss of the firearm1 within #dh hours after the person discovers the theft or loss1 to the ,attorney ,general and to the appropriate local authorities4 4 7b7 ,penalty ,section #ibd7;a77#a77;,b7 of such title is amended to read as follows3 7,b7 knowingly violates subsection 7a77#d71 7f71 7k71 7q71 or 7aa7 of section #ibb2 4 #c ,background ,check ,completion ,act #aegda4 ,short title ,this subpart may be cited as the ,background ,check ,completion ,act4 #aegdb4 ,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 #c business days ,section #ibb7t77#a77;,b7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by striking 7i72 7#b7 by striking 2 or and inserting 2 and2 and 7#c7 by striking clause 7ii74 #d ,mental ,health #aehja4 ,priority mental health needs of regional and national significance 7a7 ,reauthorization ,section #ebj;,a of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;bb-#cb7 is amended-- 7#a7 by redesignating subsection 7f7 as subsection 7h72 and 7#b7 by amending subsection 7h71 as redesignated1 to read as follows3 7h7 ,authorization of appropriations 7#a7 ,in general ,there are authorized to be appropriated to carry out this section #cid1eej1jjj for each of fiscal years #bjbb through #bjbg4 7#b7 ,allocations ,of the amounts authorized by paragraph 7#a7 to be appropriated for each of fiscal years #bjbb through #bjbe-- 7,a7 #aid1ejj1jjj shall be for carrying out subsection 7f7 7relating to the ,resiliency in ,communities ,after ,stress and ,trauma ,program72 and 7,b7 #ahi1ejj1jjj shall be for carrying out subsection 7g7 7relating to ,project ,,aware74 4 7b7 ,resiliency in ,communities ,after ,stress and ,trauma ,program ,section #ebj;,a of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;bb-#cb71 as amended by subsection 7a71 is further amended by inserting after subsection 7e7 the following subsection3 7f7 ,resiliency in ,communities ,after ,stress and ,trauma ,program 7#a7 ,in general ,the ,secretary shall maintain the ,resiliency in ,communities ,after ,stress and ,trauma ,program of the ,substance ,abuse and ,mental ,health ,services ,administration1 to be known at the ,re,c,a,s,t ,program4 7#b7 ,grants ,in carrying out the ,re,c,a,s,t ,program1 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-- 7,a7 implementation of evidence-based violence prevention and community youth engagement programs2 and 7,b7 linkages to trauma-informed behavioral health services4 7#c7 ,definition ,in this subsection1 the term civil unrest-- 7,a7 means demonstrations of mass protest and mobilization1 civil disobedience1 and disruption through violence1 often connected with law enforcement issues2 and 7,b7 includes such demonstrations in communities that have been affected by a high incidence of gun violence not caused by law enforcement4 4 7c7 ,project ,,aware ,section #ebj;,a of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;bb-#cb71 as amended by subsection 7b71 is further amended by inserting after subsection 7f7 the following subsection3 7g7 ,project ,,aware 7#a7 ,in general ,the ,secretary shall maintain the ,project ,advancing ,wellness and ,resiliency in ,education program of the ,substance ,abuse and ,mental ,health ,services ,administration1 to be known as ,project ,,aware4 7#b7 ,grants ,in carrying out ,project ,,aware1 the ,secretary shall make grants to ,state educational agencies to build or expand the capacity of such agencies1 in partnership with ,state mental health agencies overseeing school-aged youth and local education agencies-- 7,a7 to increase awareness of mental health issues among school-aged youth2 7,b7 to provide training for school personnel and other adults who interact with school-aged youth to detect and respond to mental health issues2 and 7,c7 to connect school-aged youth1 who may have behavioral health issues 7including serious emotional disturbance or serious mental illness71 and their families to needed services4 7#c7 ,definition ,in this subsection1 the term ,state educational agency means-- 7,a7 a ,state educational agency as defined in section #haja of the ,elementary and ,secondary ,education ,act of #aife2 or 7,b7 an education agency or authority of an ,indian tribe or tribal organization 7as such terms are defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act74 4 #aehjb4 ,annual report on adverse childhood experiences of certain children in communities facing civil unrest 7a7 ,in general ,not later than the end of fiscal year #bjbb1 and annually thereafter1 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 unrest4 7b7 ,definition ,in this subsection1 the term civil unrest-- 7#a7 means demonstrations of mass protest and mobilization1 civil disobedience1 and disruption through violence1 often connected with law enforcement issues2 and 7#b7 includes such demonstrations in communities that have been affected by a high incidence of gun violence not caused by law enforcement4 ,,rr ,transportation ,workforce ,modernization ,act #aeija4 ,short title ,this subtitle may be cited as the ,transportation ,workforce ,modernization ,act4 #aeijb4 ,transportation ,worker ,retraining ,grant ,program 7a7 ,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 train1 upskill1 and prepare workers whose jobs may be changed or worsened by automation1 or who have been separated from their jobs1 or have received notice of impending job loss1 as a result of being replaced by automated driving systems4 7b7 ,eligible entities ,the following entities shall be eligible to receive grants under this section3 7#a7 ,institutions of higher education4 7#b7 ,consortia of institutions of higher education4 7#c7 ,trade associations4 7#d7 ,nongovernmental stakeholders4 7#e7 ,organizations with a demonstrated capacity to develop and provide career ladder programs through labor-management partnerships and apprenticeships on a nationwide basis4 7c7 ,limitation on awards ,an entity may only receive one grant per year under this section in an amount determined appropriate by the ,secretary4 7d7 ,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 program4 7e7 ,use of funds ,a recipient of a grant under this section may use grant amounts for studies1 pilot programs1 as well as testing new roles for current jobs1 including mechanical work1 diagnostic1 and fleet operations management4 7f7 ,general selection criteria ,the ,secretary shall select recipients of grants under this section on the basis of the following criteria3 7#a7 ,demonstrated research and extension resources available to the applicant for carrying out this section4 7#b7 ,capability of the applicant to develop curriculum in the training or retraining of individuals described in subsection 7a7 as a result of driverless vehicles4 7#c7 ,demonstrated commitment of the recipient to carry out a transportation workforce development program through degree-granting programs or programs that provide other industry-recognized credentials4 7g7 ,eligibility ,an applicant is only eligible for a grant under this section if such applicant-- 7#a7 has an established transportation program2 7#b7 has expertise in solving transportation problems through research1 training1 education1 and technology2 and 7#c7 shares information with other programs4 7h7 ,federal share 7#a7 ,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 recipients4 7#b7 ,availability of funds ,for a recipient of a grant under this section carrying out activities under such grant in partnership with a public transportation agency1 not more than #j4e percent of amounts made available under any such section may qualify as the non-,federal share under paragraph 7#a74 7i7 ,tracking of certain information ,not later than #a year after a grant award is made under this section1 the ,secretary shall implement a reporting or tracking mechanism to determine-- 7#a7 from which sectors of the transportation industry are workers being displaced2 7#b7 for what skills and professions are workers being retrained2 7#c7 how many workers have benefitted from the grant award2 and 7#d7 relevant demographic information of impacted workers4 7j7 ,definition of institution of higher education ,in this subtitle1 the term institution of higher education has the meaning given the term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 7k7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated #ej1jjj1jjj for each of fiscal years #bjbb1 #bjbc1 and #bjbd to carry out this section4 7#b7 ,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 #c years after the last day of the fiscal year for which the amounts are authorized4 #aeijc4 ,,gao study 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 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-- 7#a7 the workforce of the ,united ,states2 7#b7 the trucking1 freight1 and personal transportation industries2 7#c7 wages2 7#d7 job losses1 including the economic impact on each region of the ,united ,states2 and 7#e7 the creation of new jobs and how transportation sector jobs would change due to driverless vehicle adoption4 7b7 ,consultation ,the study shall be carried out in consultation with-- 7#a7 academics2 7#b7 labor unions2 7#c7 the ,department of ,transportation2 and 7#d7 the ,department of ,labor4 7c7 ,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 7a7 to conduct such research4 ,such agreement shall require the institute or nonprofit to submit such research to the ,comptroller ,general for inclusion in such study4 ,,ss ,skill and ,knowledge ,investments ,leverage ,leaders' ,untapped ,potential ,tax ,credit #afaja4 ,short title ,this subtitle may be cited as the ,skill and ,knowledge ,investments ,leverage ,leaders' ,untapped ,potential ,tax ,credit ,act of #bjbj or the ,,skill ,,up ,act of #bjbj4 #afajb4 ,work opportunity tax credit for participation in qualifying work-based learning programs 7a7 ,in general ,paragraph 7#a7 of section #ea7;d7 of the ,internal ,revenue ,code of #aihf is amended by striking or at the end of subparagraph 7,i71 by striking the period at the end of subparagraph 7,j7 and inserting 1 or1 and by inserting after subparagraph 7,j7 the following3 7,k7 a qualified work-based learning participant4 4 7b7 ,wages per year taken into account ,paragraph 7#c7 of section #ea7;b7 of such ,code is amended by inserting or who is a qualified work-based learning participant after subsection 7d77#c77;,a77ii77,,ii74 7c7 ,qualified ,work-,based ,learning ,participant ,section #ea7;d7 of such ,code is amended by adding at the end the following3 7#af7 ,qualified ,work-,based ,learning ,participant 7,a7 ,in general ,the term qualified work-based learning participant means an individual who-- 7i7 is a member of one of the targeted group referred to in subparagraphs 7,a7 through 7,j7 of paragraph 7#a71 and 7ii7 enrolled in a qualifying work-based learning opportunity either-- 7,i7 within #c-month period beginning on the hiring date1 or 7,,ii7 in the case of a program described in subparagraph 7,b77iii71 during the six-month period prior to the hiring date4 7,b7 ,qualifying work-based learning opportunity ,for the purpose of this paragraph1 the term qualifying work-based learning opportunity means-- 7i7 an apprenticeship program registered under the ,act of ,august #af1 #aicg 7commonly known as the ,national ,apprenticeship ,act2 #ej ,stat4 #ffd1 chapter #ffc2 #bi ,u4,s4,c4 #ej et seq471 7ii7 a program that has been approved by the designated local agency and that may be provided directly by an employer1 or in partnership with one or more training providers1 in which-- 7,i7 the training is provided to individuals who are full-time employees of the employer1 7,,ii7 training consists of on the job instruction or a combination of on the job and classroom instruction1 and 7,,iii7 successful completion of the training program1 or modules of the training program-- 7aa7 provides for an increase in hourly wages for the employee1 and 7bb7 may provide for the attainment of a recognized postsecondary credential 7as defined under the ,workforce ,innovation and ,opportunity ,act71 and 7iii7 a program that has been approved by the designated local agency as under clause 7ii7 in which a third party serves as employer of record for purposes of operating an approved program with the participating employer4 4 7d7 ,credit for tax-,exempt employers for employment of qualified work-,based learning participants 7#a7 ,in general ,paragraph 7#a7 of section #caaa7;e7 of such ,code is amended by inserting or qualified work-based learning participant after qualified veteran both places it appears4 7#b7 ,overall limitation ,paragraph 7#b7 of section #caaa7;e7 of such ,code is amended by inserting or qualified work-based learning participants after qualified veterans4 7#c7 ,applicable period ,paragraph 7#d7 of section #caaa7;e7 of such ,code is amended by inserting or qualified work-based learning participant after qualified veteran both places it appears4 7#d7 ,definitions ,paragraph 7#e7 of section #caaa7;e7 of such ,code is amended by striking and at the end of subparagraph 7,a71 by striking the period at the end of subparagraph 7,b7 and inserting 1 and1 and by inserting after subparagraph 7,b7 the following3 7,c7 the term qualified work-based learning participant has the meaning given such term by section #ea7;d77#af74 4 7e7 ,effective date ,the amendments made by this section shall apply to wages paid after #ij days after the date of the enactment of this ,act1 with respect to enrollment in qualifying work-based learning programs beginning after such date4 ,,tt ,saving ,our ,street #agaja4 ,short title ,this subtitle may be cited as the ,saving ,our ,street ,act4 #agajb4 ,grants to small businesses 7a7 ,definition ,in this section3 7#a7 ,covered period ,the term covered period means the period beginning on ,february #ae1 #bjbj and ending on ,december #ca1 #bjbj4 7#b7 ,eligible entity ,the term eligible entity-- 7,a7 means an entity that-- 7i7 is-- 7,i7 a community small business1 including a self-employed worker1 independent contractor1 or sole proprietor1 or a community nonprofit with less than-- 7aa7 #a1jjj1jjj in gross revenue2 7bb7 #ejj1jjj in gross receipts for nonprofits2 or 7cc7 #aj employees2 or 7,,ii7 a small business with-- 7aa7 less than #bj employees in a low-income community2 and 7bb7 not less than #ej percent of employees who live in a low-income community2 and 7ii7 has suffered a drop in revenue of over #bj percent of gross revenue since ,february #ae1 #bjbj2 and 7,b7 does not include entities that are publicly traded companies1 private equity firms1 or hedge funds4 7#c7 ,employee ,the term employee includes-- 7,a7 individuals employed on a full-time1 part-time1 or other basis2 7,b7 independent contractors2 7,c7 any individual in a jurisdiction subject to a stay-at-home order1 even if the employee has not physically returned to work4 7#d7 ,low-income community ,the term low-income community means a census tract 7or equivalent geographic area defined by the ,united ,states ,census ,bureau7 in which at least #ej percent of households have an income less than #fj percent of the area median gross income1 as determined by the ,secretary of ,housing and ,urban ,development4 7#e7 ,payroll costs ,the term payroll costs means-- 7,a7 the sum of payments of any compensation that is a-- 7i7 salary1 wage1 commission1 or similar compensation2 7ii7 payment of cash tip or equivalent2 7iii7 payment for vacation1 parental1 family1 medical1 or sick leave2 7iv7 allowance for dismissal or separation2 7v7 payment required for the provisions of group health care benefits1 including insurance premiums2 7vi7 payment of any retirement benefit2 or 7vii7 payment of ,state or local tax assessed on the compensation of employees or owners2 7,b7 the sum of payments of any compensation to or income of a sole proprietor or independent contractor-- 7i7 that is a wage1 commission1 income1 net earnings from self-employment1 or similar compensation2 and 7ii7 in an amount that is not more than #ajj1jjj in #a year1 as prorated for the covered period2 7,c7 the compensation of an individual employee in excess of an annual salary of #ajj1jjj1 as prorated for the covered period2 7,d7 qualified sick leave wages for which a credit is allowed under section #gjja of the ,families ,first ,coronavirus ,response ,act 7,public ,law #aaf- #abg72 or 7,e7 qualified family leave wages for which a credit is allowed under section #gjjc of the ,families ,first ,coronavirus ,response ,act 7,public ,law #aaf-abg74 7#f7 ,socially and economically disadvantaged individuals ,the term socially and economically disadvantaged individuals means individuals described in paragraphs 7#e7 and 7#f7 of section #h7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcg7;a774 7#g7 ,veterans organization ,the term veterans organization means an organization that is described in section #eja7;c77#ai7 of the ,internal ,revenue ,code that is exempt from taxation under section #eja7;a7 of such ,code4 7b7 ,grants 7#a7 ,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 #bej1jjj to be used only for-- 7,a7 rehiring or hiring employees of the entity who were furloughed or laid off after ,february #ae1 #bjbj2 7,b7 payment of1 on or after the date described in subparagraph 7,a71 payroll1 salaries1 commissions1 or similar compensations1 payroll taxes1 employer compensation1 rent 7including under a lease agreement7 or mortgage1 including payments of interest on any mortgage obligation 7not including prepayment of or payment of principal on a mortgage obligation71 utilities1 or insurance2 7,c7 providing healthcare and benefits to employees at the same or similar levels as the entity provided on the date described in subparagraph 7,a71 including continuation of group healthcare benefits during periods of paid sick1 medical1 or family leave1 and insurance premiums2 and 7,d7 debt obligations that were incurred before the covered period4 7#b7 ,eligibility ,no person shall be denied a grant under this subsection on the basis of-- 7,a7 any criminal history or involvement with the criminal legal system2 or 7,b7 using an individual taxpayer identification number issued pursuant to section #faji7;i7 of the ,internal ,revenue ,code of #aihf4 7#c7 ,priority 7,a7 ,in general ,the ,secretary shall give priority to people of color1 veterans1 women-owned community businesses1 and socially and economically disadvantaged individuals as it pertains to historically underrepresented businesses4 7,b7 ,historically underrepresented businesses ,of the amounts made available under this section1 #ge percent shall be provided to businesses or nonprofits owned and controlled by #a or more socially and economically disadvantaged individuals4 7#d7 ,other assistance ,an entity that receives a grant under this subsection shall be eligible to receive assistance under other ,federal programs1 including the paycheck protection program established under section #g7;a77#cf7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf77 or an economic injury disaster loan made under section #g7;b77#b7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;b77#b77 if the funds are used for a purpose other than a purpose described in paragraph 7#a74 7#e7 ,sense of ,congress ,it is the sense of ,congress that eligible entities should rehire employees described in paragraph 7#a77;,a7 after the date on which the national emergency under the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afja et seq47 with respect to the coronavirus disease #bjai 7,,covid-#ai7 terminates4 7c7 ,amounts 7#a7 ,in general ,of the amounts made available under this subtitle-- 7,a7 #abd1ejj1jjj1jjj shall be used for grants made under subsection 7b72 7,b7 #djj1jjj1jjj shall be used to provide financial education training classes and for help applying for the grants and financial recovery for eligible entities1 of which-- 7i7 #ej1jjj1jjj shall be used to provide small businesses and women development centers with technical assistance and online training and information1 of which-- 7,i7 #be1jjj1jjj shall be made available for small businesses2 and 7,,ii7 #be1jjj1jjj shall be made available for women development centers2 7ii7 #ej1jjj1jjj shall be used to provide minority business centers with technical assistance and online training and information2 and 7iii7 #cjj1jjj1jjj shall be used to provide nonprofit and community organizations with assistance to small business owners2 and 7,c7 #ajj1jjj1jjj shall be made available for the ,department of the ,treasury and the ,internal ,revenue ,service to carry out this subtitle4 7#b7 ,availability ,funds made available under this subtitle shall be available until ,december #bj1 #bjbj4 7d7 ,need ,an eligible entity shall attest in an application for a grant under this section that the eligible entity-- 7#a7 was in business as of ,february #ae1 #bjbj2 7#b7 has suffered a drop in sales of #bj percent or more2 7#c7 meets the criteria as an eligible entity2 and 7#d7 will use the grants for authorized expenses4 7e7 ,documentation ,an eligible self-employed individual1 independent contractor1 or sole proprietorship applying for a grant under this section shall submit such documentation as is necessary to establish such individual as eligible1 including payroll tax filings reported to the ,internal ,revenue ,service1 ,forms #ajii-,,misc1 and income and expenses from the sole proprietorship1 as determined by the ,administrator of the ,small ,business ,administration and the ,secretary of the ,treasury4 ,an applicant may submit to the ,secretary of the ,treasury a self-certification for employee labor expenses and payroll4 7f7 ,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 #aj most used languages in the ,united ,states after ,english4 7g7 ,receipt of funds ,any eligible entity shall receive a grant made under subsection 7b7 not later than #ad days after the date on which the entity submitted an application for the grant4 7h7 ,reporting ,the ,secretary of the ,treasury shall submit to the ,committee on ,banking1 ,housing1 and ,urban ,affairs and the ,committee on ,small ,business and ,entrepreneurship of the ,senate and the ,committee on ,financial ,service1 the ,committee on ,small ,business1 and the ,committee on ,oversight and ,reform of the ,house of ,representatives a report on the information about the ethnicity1 race1 industry1 geographical demographics1 and sex of applicants for grants made under this section4 #agajc4 ,direct appropriation 7a7 ,in general ,there is appropriated1 out of amounts in the ,treasury not otherwise appropriated1 to the ,secretary of the ,treasury #abe1jjj1jjj1jjj to carry out this subtitle4 7b7 ,emergency designation 7#a7 ,in general ,the amounts provided under this subtitle are designated as an emergency requirement pursuant to section #d7;g7 of the ,statutory ,pay-,as-,you-,go ,act of #bjaj 7#b ,u4,s4,c4 #icc7;g774 7#b7 ,designation in senate ,in the ,senate1 this subtitle is designated as an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah4 ,,uu ,veteran ,small ,business ,start-up ,credit #ahaja4 ,short title ,this subtitle may be cited as the ,veterans ,jobs ,opportunity ,act4 #ahajb4 ,veteran small business start-up credit 7a7 ,in general ,subpart ,d of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new section3 #de,t4 ,veteran small business start-up credit 7a7 ,in general ,for purposes of section #ch1 in the case of an applicable veteran-owned business which elects the application of this section1 the veteran small business start-up credit determined under this section for any taxable year is an amount equal to #ae percent of so much of the qualified start-up expenditures of the taxpayer as does not exceed #hj1jjj4 7b7 ,applicable veteran-,owned small business ,for purposes of this section-- 7#a7 ,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 community4 7#b7 ,ownership and control ,the term owned and controlled means-- 7,a7 management and operation of the daily business1 and-- 7,b7 7i7 in the case of a sole proprietorship1 sole ownership1 7ii7 in the case of a corporation1 ownership 7by vote or value7 of not less than #ea percent of the stock in such corporation1 or 7iii7 in the case of a partnership or joint venture1 ownership of not less than #ea percent of the profits interests or capital interests in such partnership or joint venture4 7#c7 ,small business ,the term small business means1 with respect to any taxable year1 any person engaged in a trade or business in the ,united ,states if-- 7,a7 the gross receipts of such person for the preceding taxable year did not exceed #e1jjj1jjj1 or 7,b7 in the case of a person to which subparagraph 7,a7 does not apply1 such person employed not more than #ajj full-time employees during the preceding taxable year4 ,for purposes of subparagraph 7,b71 an employee shall be considered full-time if such employee is employed at least #cj hours per week for #bj or more calendar weeks in the taxable year4 7#d7 ,underserved community ,the term underserved community means any area located within-- 7,a7 a ,h,u,b,zone 7as defined in section #c7p7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb7p7771 7,b7 an empowerment zone1 or enterprise community1 designated under section #acia 7and without regard to whether or not such designation remains in effect71 7,c7 an area of low income or moderate income 7as recognized by the ,federal ,financial ,institutions ,examination ,council71 or 7,d7 a county with persistent poverty 7as classified by the ,economic ,research ,service of the ,department of ,agriculture74 7#e7 ,veteran or spouse of veteran ,the term veteran or spouse of a veteran has the meaning given such term by section #g7;a77#ca77;,g77iii7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#ca77;,g77iii774 7c7 ,qualified start-,up expenditures ,for purposes of this section-- 7#a7 ,in general ,the term qualified start-up expenditures means-- 7,a7 any start-up expenditures 7as defined in section #aie7;c771 or 7,b7 any amounts paid or incurred during the taxable year for the purchase or lease of real property1 or the purchase of personal property1 placed in service during the taxable year and used in the active conduct of a trade or business4 7d7 ,special rules ,for purposes of this section-- 7#a7 ,year of election ,the taxpayer may elect the application of this section only for the first #b 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 #afb4 7#b7 ,controlled groups and common control ,all persons treated as a single employer under subsections 7a7 and 7b7 of section #eb shall be treated as #a person4 7#c7 ,no double benefit ,if a credit is determined under this section with respect to any property1 the basis of such property shall be reduced by the amount of the credit attributable to such property4 4 7b7 ,clerical amendment ,the table of sections for subpart ,d of part ,,iv of subchapter ,a of chapter #a of such ,code is amended by adding at the end the following new item3 ,sec4 #de,t4 ,veteran small business start-up credit4 4 7c7 ,made part of general business credit ,section #ch7;b7 of such ,code is amended by striking plus at the end of paragraph 7#ca71 by striking the period at the end of paragraph 7#cb7 and inserting 1 plus1 and by adding at the end the following new paragraph3 7#cc7 the veteran small business start-up credit determined under section #de,t4 4 7d7 ,report by ,treasury ,inspector ,general for ,tax ,administration ,every fourth year after the date of the enactment of this ,act1 the ,treasury ,inspector ,general for ,tax ,administration shall include in one of the semiannual reports under section #e of the ,inspector ,general ,act of #aigh with respect to such year1 an evaluation of the program under section #de,t of the ,internal ,revenue ,code of #aihf 7as added by this section71 including an evaluation of the success of1 and accountability with respect to1 such program4 7e7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after the date of the enactment of this ,act4 ,,ii ,social ,economic ,a ,commission to ,study and ,develop ,reparation ,proposals for ,african-,americans #bjaja4 ,short title ,this subtitle may be cited as the ,commission to ,study and ,develop ,reparation ,proposals for ,african-,americans ,act4 #bjajb4 ,findings and purpose 7a7 ,findings ,the ,congress finds that-- 7#a7 approximately #d1jjj1jjj ,africans and their descendants were enslaved in the ,united ,states and colonies that became the ,united ,states from #afai to #ahfe2 7#b7 the institution of slavery was constitutionally and statutorily sanctioned by the ,government of the ,united ,states from #aghi through #ahfe2 7#c7 the slavery that flourished in the ,united ,states constituted an immoral and inhumane deprivation of ,africans' life1 liberty1 ,african citizenship rights1 and cultural heritage1 and denied them the fruits of their own labor2 7#d7 a preponderance of scholarly1 legal1 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 ,states2 and 7#e7 following the abolition of slavery the ,united ,states ,government1 at the ,federal1 ,state1 and local level1 continued to perpetuate1 condone and often profit from practices that continued to brutalize and disadvantage ,african-,americans1 including share cropping1 convict leasing1 ,jim ,crow1 redlining1 unequal education1 and disproportionate treatment at the hands of the criminal justice system2 and 7#f7 as a result of the historic and continued discrimination1 ,african-,americans continue to suffer debilitating economic1 educational1 and health hardships including but not limited to having nearly #a1jjj1jjj black people incarcerated2 an unemployment rate more than twice the current white unemployment rate2 and an average of less than #a_/af of the wealth of white families1 a disparity which has worsened1 not improved over time4 7b7 ,purpose ,the purpose of this subtitle is to establish a commission to study and develop ,reparation proposals for ,african-,americans as a result of-- 7#a7 the institution of slavery1 including both the ,trans-,atlantic and the domestic trade which existed from #aefe in colonial ,florida and from #afai through #ahfe within the other colonies that became the ,united ,states1 and which included the ,federal and ,state governments which constitutionally and statutorily supported the institution of slavery2 7#b7 the de jure and de facto discrimination against freed slaves and their descendants from the end of the ,civil ,war to the present1 including economic1 political1 educational1 and social discrimination2 7#c7 the lingering negative effects of the institution of slavery and the discrimination described in paragraphs 7#a7 and 7#b7 on living ,african-,americans and on society in the ,united ,states2 7#d7 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 ,states2 7#e7 the role of ,northern complicity in the ,southern based institution of slavery2 7#f7 the direct benefits to societal institutions1 public and private1 including higher education1 corporations1 religious and associational2 7#g7 and thus1 recommend appropriate ways to educate the ,american public of the ,commission's findings2 7#h7 and thus1 recommend appropriate remedies in consideration of the ,commission's findings on the matters described in paragraphs 7#a71 7#b71 7#c71 7#d71 7#e71 and 7#f72 and 7#i7 submit to the ,congress the results of such examination1 together with such recommendations4 #bjajc4 ,establishment and duties 7a7 ,establishment ,there is established the ,commission to ,study and ,develop ,reparation ,proposals for ,african-,americans 7hereinafter in this subtitle referred to as the ,commission74 7b7 ,duties ,the ,commission shall perform the following duties3 7#a7 ,identify1 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 #afai through #ahfe4 ,the ,commission's documentation and examination shall include but not be limited to the facts related to-- 7,a7 the capture and procurement of ,africans2 7,b7 the transport of ,africans to the ,united ,states and the colonies that became the ,united ,states for the purpose of enslavement1 including their treatment during transport2 7,c7 the sale and acquisition of ,africans as chattel property in interstate and intrastate commerce2 7,d7 the treatment of ,african slaves in the colonies and the ,united ,states1 including the deprivation of their freedom1 exploitation of their labor1 and destruction of their culture1 language1 religion1 and families2 and 7,e7 the extensive denial of humanity1 sexual abuse and the chatellization of persons4 7#b7 ,the role which the ,federal and ,state governments of the ,united ,states supported the institution of slavery in constitutional and statutory provisions1 including the extent to which such governments prevented1 opposed1 or restricted efforts of formerly enslaved ,africans and their descendants to repatriate to their homeland4 7#c7 ,the ,federal and ,state laws that discriminated against formerly enslaved ,africans and their descendants who were deemed ,united ,states citizens from #ahfh to the present4 7#d7 ,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 #ahfh to the present1 including redlining1 educational funding discrepancies1 and predatory financial practices4 7#e7 ,the lingering negative effects of the institution of slavery and the matters described in paragraphs 7#a71 7#b71 7#c71 7#d71 7#e71 and 7#f7 on living ,african-,americans and on society in the ,united ,states4 7#f7 ,recommend appropriate ways to educate the ,american public of the ,commission's findings4 7#g7 ,recommend appropriate remedies in consideration of the ,commission's findings on the matters described in paragraphs 7#a71 7#b71 7#c71 7#d71 7#e71 and 7#f74 ,in making such recommendations1 the ,commission shall address among other issues1 the following questions3 7,a7 ,how such recommendations comport with international standards of remedy for wrongs and injuries caused by the ,state1 that include full reparations and special measures1 as understood by various relevant international protocols1 laws1 and findings4 7,b7 ,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 descendants4 7,c7 ,how ,federal laws and policies that continue to disproportionately and negatively affect ,african-,americans as a group1 and those that perpetuate the lingering effects1 materially and psycho-social1 can be eliminated4 7,d7 ,how the injuries resulting from matters described in paragraphs 7#a71 7#b71 7#c71 7#d71 7#e71 and 7#f7 can be reversed and provide appropriate policies1 programs1 projects and recommendations for the purpose of reversing the injuries4 7,e7 ,how1 in consideration of the ,commission's findings1 any form of compensation to the descendants of enslaved ,african is calculated4 7,f7 ,what form of compensation should be awarded1 through what instrumentalities and who should be eligible for such compensation4 7,g7 ,how1 in consideration of the ,commission's findings1 any other forms of rehabilitation or restitution to ,african descendants is warranted and what the form and scope of those measures should take4 7c7 ,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 #bjajd7;c74 #bjajd4 ,membership 7a7 ,number and appointment 7#a7 ,the ,commission shall be composed of #ac members1 who shall be appointed1 within #ij days after the date of enactment of this ,act1 as follows3 7,a7 ,three members shall be appointed by the ,president4 7,b7 ,three members shall be appointed by the ,speaker of the ,house of ,representatives4 7,c7 ,one member shall be appointed by the ,president pro tempore of the ,senate4 7,d7 ,six members shall be selected from the major civil society and reparations organizations that have historically championed the cause of reparatory justice4 7#b7 ,all members of the ,commission shall be persons who are especially qualified to serve on the ,commission by virtue of their education1 training1 activism or experience1 particularly in the field of ,african-,american studies and reparatory justice4 7b7 ,terms ,the term of office for members shall be for the life of the ,commission4 ,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 made4 7c7 ,first meeting ,the ,president shall call the first meeting of the ,commission within #abj days after the date of the enactment of this ,act or within #cj days after the date on which legislation is enacted making appropriations to carry out this subtitle1 whichever date is later4 7d7 ,quorum ,seven members of the ,commission shall constitute a quorum1 but a lesser number may hold hearings4 7e7 ,chair and vice chair ,the ,commission shall elect a ,chair and ,vice ,chair from among its members4 ,the term of office of each shall be for the life of the ,commission4 7f7 ,compensation 7#a7 ,except as provided in paragraph 7#b71 each member of the ,commission shall receive compensation at the daily equivalent of the annual rate of basic pay payable for ,,gs-#ah of the ,general ,schedule under section #eccb of title #e1 ,united ,states ,code1 for each day1 including travel time1 during which he or she is engaged in the actual performance of duties vested in the ,commission4 7#b7 ,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 pay1 allowances1 or benefits by reason of his or her service to the ,commission4 7#c7 ,all members of the ,commission shall be reimbursed for travel1 subsistence1 and other necessary expenses incurred by them in the performance of their duties to the extent authorized by chapter #eg of title #e1 ,united ,states ,code4 #bjaje4 ,powers of the ,commission 7a7 ,hearings and sessions ,the ,commission may1 for the purpose of carrying out the provisions of this subtitle1 hold such hearings and sit and act at such times and at such places in the ,united ,states1 and request the attendance and testimony of such witnesses and the production of such books1 records1 correspondence1 memoranda1 papers1 and documents1 as the ,commission considers appropriate4 ,the ,commission may invoke the aid of an appropriate ,united ,states district court to require1 by subpoena or otherwise1 such attendance1 testimony1 or production4 7b7 ,powers of subcommittees and members ,any subcommittee or member of the ,commission may1 if authorized by the ,commission1 take any action which the ,commission is authorized to take by this section4 7c7 ,obtaining official data ,the ,commission may acquire directly from the head of any department1 agency1 or instrumentality of the executive branch of the ,government1 available information which the ,commission considers useful in the discharge of its duties4 ,all departments1 agencies1 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 law4 #bjajf4 ,administrative provisions 7a7 ,staff ,the ,commission may1 without regard to section #ecaa7;b7 of title #e1 ,united ,states ,code1 appoint and fix the compensation of such personnel as the ,commission considers appropriate4 7b7 ,applicability of certain civil service laws ,the staff of the ,commission may be appointed without regard to the provisions of title #e1 ,united ,states ,code1 governing appointments in the competitive service1 and without regard to the provisions of chapter #ea and subchapter ,,iii of chapter #ec of such title relating to classification and ,general ,schedule pay rates1 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-#ah of the ,general ,schedule under section #eccb of title #e1 ,united ,states ,code4 7c7 ,experts and consultants ,the ,commission may procure the services of experts and consultants in accordance with the provisions of section #caji7;b7 of title #e1 ,united ,states ,code1 but at rates for individuals not to exceed the daily equivalent of the highest rate payable under section #eccb of such title4 7d7 ,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 ,commission4 ,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 ,administrator4 7e7 ,contracts ,the ,commission may-- 7#a7 procure supplies1 services1 and property by contract in accordance with applicable laws and regulations and to the extent or in such amounts as are provided in appropriations ,acts2 and 7#b7 enter into contracts with departments1 agencies1 and instrumentalities of the ,federal ,government1 ,state agencies1 and private firms1 institutions1 and agencies1 for the conduct of research or surveys1 the preparation of reports1 and other activities necessary for the discharge of the duties of the ,commission1 to the extent or in such amounts as are provided in appropriations ,acts4 #bjajg4 ,termination ,the ,commission shall terminate #ij days after the date on which the ,commission submits its report to the ,congress under section #bjajc7;c74 #bjajh4 ,authorization of appropriations ,to carry out the provisions of this subtitle1 there are authorized to be appropriated #ab1jjj1jjj4 ,b ,today's ,american ,dream #bjbja4 ,short title ,this subtitle may be cited as the ,today's ,american ,dream ,act4 #a ,retail ,redlining and ,food ,deserts #bjbaa4 ,economic growth1 retention1 and recruitment of commercial investment in economically underserved communities ,the ,small ,business ,investment ,act of #aieh 7#ae ,u4,s4,c4 #ffa et seq47 is amended by adding at the end the following new title3 ,,viii ,,economic ,,growth1 ,,retention1 ,,and ,,recruitment ,,of ,,commercial ,,investment ,,in ,,economically ,,underserved ,,communities #haa4 ,purpose ,the purpose of this title is to assist with the economic growth of economically underserved communities that have potential for strong ,class #a commercial investment1 but that continue to have a difficult time recruiting ,class #a commercial investment4 #hab4 ,grant program 7a7 ,authorization ,from amounts appropriated under section #had1 the ,administrator shall make grants on a competitive basis to an eligible community for-- 7#a7 the creation of a grant program or revolving loan fund program 7or both7 that helps develop financing packages for ,class #a commercial investment in the community2 7#b7 lowering real estate property tax rates in the community2 7#c7 conducting community-wide market analysis to help recruit and retain ,class #a commercial investment2 7#d7 creating employment training programs for ,class #a business customer service1 sales1 and managerial positions in the community2 7#e7 retail marketing strategies to solicit new ,class #a commercial investment starts in the community2 7#f7 program allowances for activities to promote ,class #a commercial investment in the community1 such as the publication of marketing materials1 development of economic development web pages1 and educational outreach activities with retail trade associations2 and 7#g7 hiring business recruitment specialists to operate in the community4 7b7 ,eligibility ,the ,administrator may only make a grant under subsection 7a7 to a community whose demographics include-- 7#a7 a median per capita income no higher than #ce1jjj2 and 7#b7 an identified lack of ,class #a commercial investment4 7c7 ,application ,a community seeking a grant under subsection 7a7 shall submit an application at such time1 in such form1 and containing such information and assurances as the ,administrator may require1 except that the application shall include-- 7#a7 a description of how the community1 through the activities the community proposes to carry out with the grant funds will recruit1 retain and grow its economy through ,class #a commercial investment2 and 7#b7 a description of the difficulty the community has faced recruiting1 retaining and growing its economy through ,class #a commercial investment4 7d7 ,matching funds 7#a7 ,in general ,the ,administrator may not make a grant to a community under subsection 7a7 unless the community agrees that1 with respect to the costs to be incurred by the community in carrying out the activities for which the grant is awarded1 the community will make available non-,federal contributions in an amount equal to not less than #aj percent of the ,federal funds provided under the grant4 7#b7 ,satisfying matching requirements ,the non-,federal contributions required under paragraph 7#a7 may be-- 7,a7 in cash or in-kind1 including services1 fairly evaluated2 and 7,b7 from-- 7i7 any private source2 7ii7 ,state or local governmental entity2 or 7iii7 nonprofit source4 7#c7 ,waiver ,the ,administrator may waive or reduce the non-,federal contribution required by paragraph 7#a7 if the community involved demonstrates that the community cannot meet the contribution requirement due to financial hardship4 7e7 ,limitations ,amounts appropriated pursuant to the authorization of appropriations in section #had for a fiscal year shall be allocated as follows3 7#a7 ,no more than #e percent of such funds shall go to administrative costs2 7#b7 #gj percent of such funds shall go toward activities described in paragraphs 7#a7 through 7#d7 of subsection 7a71 after taking into account administrative costs under subparagraph 7,a72 and 7#c7 #cj percent of such funds shall go toward activities described in paragraphs 7#e7 through 7#g7 of subsection 7a71 after taking into account administrative costs under subparagraph 7,a74 #hac4 ,definitions ,in this title3 7#a7 ,community ,the term community means a governance structure that includes county1 parish1 city1 village1 township1 district or borough4 7#b7 ,class #a commercial investment ,the term ,class #a commercial investment means retail grocery chains1 food service retailers1 restaurants and franchises1 retail stores1 cafes1 shopping malls1 and other shops4 7#c7 economically underserved community ,the term economically underserved community means an area suffering from low income and resultant low purchasing power1 limiting its ability to generate sufficient goods and services to be used in exchange with other areas to meet current consumption needs4 #had4 ,authorization of appropriations ,there is authorized to be appropriated to the ,administrator to make grants under section #hab7;a7 #dj1jjj1jjj for each of fiscal years #bjbb through #bjbg4 4 #bjbab4 ,producer discretion to plant additional fruits and vegetables on base acres to alleviate food deserts without a resulting reduction in payment acres ,section #aaad7;e7 of the ,agricultural ,act of #bjad 7#g ,u4,s4,c4 #ijad7;e77 is amended by adding at the end the following new paragraph3 7#e7 ,producer discretion to plant additional fruits and vegetables to alleviate food deserts 7,a7 ,additional planting authority2 purpose ,the percentages specified in paragraphs 7#b7 and 7#c7 are increased by an additional five percent of base acres1 to #bj percent and #dj percent respectively1 if the crops referred to in paragraph 7#a7 grown on the additional base acres are grown solely for sale or donation1 directly or indirectly by the producer and with or without processing1 in a food desert4 7,b7 ,food desert defined ,in this paragraph1 the term food desert means a census tract that1 as determined by the ,secretary-- 7i7 has a poverty rate of #bj percent or greater2 and 7ii7 provides difficult access to a retail outlet that provides a wide-variety of fruits and vegetables4 4 #b ,digital infrastructure #bjbba4 ,,gao report on ,federal efforts to expand broadband service 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 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 service1 including through the programs described in subsection 7c74 7b7 ,included matters ,the report required by subsection 7a7 shall include-- 7#a7 for each program covered by the report and over a period of time for such program considered appropriate by the ,comptroller ,general1 an analysis of the number of subscribers that have gained access1 through or as a result of such program1 to broadband service that has the capacity to transmit data to enable subscribers to originate and receive high-quality voice1 data1 graphics1 and video2 and 7#b7 an analysis of implementation by ,federal agencies of the recommendations of the ,broadband ,opportunity ,council1 established by the ,presidential ,memorandum entitled ,expanding ,broadband ,deployment and ,adoption by ,addressing ,regulatory ,barriers and ,encouraging ,investment and ,training and dated ,march #bc1 #bjae4 7c7 ,included programs ,the programs described in this subsection are the following3 7#a7 ,federal universal service support mechanisms established under section #bed of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bed74 7#b7 ,the ,broadband ,technology ,opportunities ,program established under section #fjja of the ,american ,recovery and ,reinvestment ,act of #bjji 7#dg ,u4,s4,c4 #acje74 7#c7 ,rural broadband loans under section #fja of the ,rural ,electrification ,act of #aicf 7#g ,u4,s4,c4 #iej;bb74 7#d7 ,telecommunications infrastructure loans under section #bja of the ,rural ,electrification ,act of #aicf 7#g ,u4,s4,c4 #ibb74 7#e7 ,community ,connect grants under the last proviso under the heading ,distance ,learning1 ,telemedicine1 and ,broadband ,program in title ,,iii of the ,agriculture1 ,rural ,development1 ,food and ,drug ,administration1 and ,related ,agencies ,appropriations ,act1 #bjjd4 7#f7 ,distance ,learning and ,telemedicine grants under chapter #a of subtitle ,d of title ,,xxiii of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij4 7d7 ,federal agency defined ,in this section1 the term ,federal agency has the meaning given the term agency in section #eea of title #e1 ,united ,states ,code4 #c ,direct lending #bjbca4 ,direct loans to small business concerns 7a7 ,in general ,from amounts appropriated pursuant to subsection 7e71 the ,administrator of the ,small ,business ,administration shall establish a program to make direct loans to small business concerns 7as defined under section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb774 7b7 ,amount ,loans made under this section shall be in an amount not greater than the lesser of-- 7#a7 #e percent of the annual revenue of the small business concern requesting the loan2 or 7#b7 #bej1jjj4 7c7 ,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 7daily or weekly71 commonly referred to as the ,h4#ae release4 7d7 ,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 section4 7e7 ,authorization of appropriations ,there are authorized to be appropriated #be1jjj1jjj for each of fiscal years #bjbb to #bjbd4 #d ,new ,economy and ,innovation ,investment #bjbda4 ,commission on ,innovation 7a7 ,composition of ,commission ,there is established in the ,office of ,management and ,budget1 a commission1 to be known as the ,commission on ,innovation 7hereinafter in this section referred to as the commission71 which shall be composed of the following members3 7#a7 ,the ,director of the ,office of ,management and ,budget1 or his or her designee1 who shall serve as the chair of the ,commission4 7#b7 ,five individuals from the private sector1 to be appointed by the ,director of the ,office of ,management and ,budget4 7#c7 ,a representative appointed by the head of each of the following3 7,a7 ,the ,national ,institute of ,standards and ,technology4 7,b7 ,the ,national ,science ,foundation4 7,c7 ,the ,federal ,communications ,commission4 7,d7 ,the ,department of ,commerce4 7,e7 ,the ,department of the ,treasury4 7,f7 ,the ,general ,service ,administration4 7b7 ,duties of ,commission ,the commission shall study new and developing technologies1 and shall make recommendations to each ,federal agency on how the agency should take into consideration the existence1 possible uses1 development1 and potential effect that such technologies may have on the agency's carrying out of its statutory duties4 ,the commission shall submit a report to ,congress not later than #a year after the effective date of enactment of this ,act and annually thereafter on the activities of the commission during the #ab months immediately preceding the date of the report1 including summaries of all recommendations made to agencies4 7c7 ,application of ,federal ,advisory ,commission ,act ,the provisions of the ,federal ,advisory ,committee ,act shall apply to the commission4 #bjbdb4 ,pilot program to fund local incubators 7a7 ,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 businesses4 7b7 ,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 time1 in such form1 and with such information and assurances as the ,secretary may require1 including an identification of one or more incubators with which the ,state or political subdivision will partner in implementing the grant4 7c7 ,limitations 7#a7 ,one grant per ,state or political subdivision ,a ,state or political subdivision of a ,state may not receive more than one grant under this section4 ,for purposes of the preceding sentence1 a grant received by a ,state shall not be considered to be received by a political subdivision of the ,state1 and a grant received by a political subdivision of a ,state shall not be considered to be received by the ,state4 7#b7 ,amount of grant ,a grant awarded under this section may not exceed #ejj1jjj4 7d7 ,use of funds 7#a7 ,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 businesses4 ,the partnership may take such form as the ,secretary considers appropriate1 including one or more subgrants from the ,state or political subdivision to the incubator or incubators4 7#b7 ,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 businesses1 including-- 7,a7 purchase or rental of land2 7,b7 modification of buildings2 7,c7 charges for utility services or broadband service2 7,d7 fees of consultants for the provision of technical or professional assistance2 7,e7 costs of promoting the incubator or incubators2 and 7,f7 any other such expense that the ,secretary considers appropriate4 7e7 ,matching requirement ,a ,state or political subdivision of a ,state may not partner with an incubator 7or group of incubators7 in implementing a grant under this section unless the incubator 7or group of incubators7 agrees that1 with respect to the expenses to be incurred in carrying out activities within the scope of the partnership1 the incubator 7or group of incubators7 will make available from private funds contributions in an amount equal to not less than #ej percent of the amount made available by the ,state or political subdivision from grant funds under this section4 7f7 ,report to ,congress ,not later than #ahj days after the end of fiscal year #bjbb1 the ,secretary shall submit to ,congress a report on the results achieved by the grant program established under this section4 ,such report shall include recommendations of the ,secretary with respect to extending1 expanding1 or improving the program4 7g7 ,definitions ,in this section3 7#a7 ,incubator ,the term incubator means a private-sector entity that-- 7,a7 provides start-ups with workspace and other resources 7such as utilities1 broadband service1 and technical or professional assistance7 for use in developing their businesses2 and 7,b7 may charge start-ups a reasonable fee for such resources4 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,commerce4 7#c7 ,start-up ,the term start-up means any business entity 7including an individual operating an unincorporated business7 that1 as of the time the entity receives resources from an incubator-- 7,a7 has been in operation for not more than #e years2 7,b7 has not more than #e employees2 and 7,c7 for the most recently completed fiscal year of the entity 7if any7 and any preceding fiscal year1 has annual gross revenues of less than #aej1jjj4 7#d7 ,state ,the term ,state means each of the several ,states1 the ,district of ,columbia1 each commonwealth1 territory1 or possession of the ,united ,states1 and each federally recognized ,indian tribe4 7h7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #e1jjj1jjj1 of which not more than #e percent shall be available for the costs of administering the grant program established under this section1 for each of the fiscal years #bjbb through #bjbd4 #bjbdc4 ,extension and improvement of new markets tax credit 7a7 ,extension ,section #de;,d7f77#a7 of the ,internal ,revenue ,code of #aihf is amended by adding 1 and at the end of subparagraph 7,f71 by striking the period at the end of subparagraph 7,g7 and inserting 1 and1 and by adding at the end the following new subparagraph3 7,h7 #aj1jjj1jjj1jjj for each of calendar years #bjba through #bjcj4 4 7b7 ,degree of distress of targeted community taken into account in making allocations 7#a7 ,in general ,section #de;,d7f77#b7 of such ,code is amended by inserting the following after the first sentence3 ,in making allocations under this paragraph1 the ,secretary shall take into account the entity's business strategy1 community impact1 management capacity1 and capitalization strategy1 and the degree of distress of the communities served by the entity44 7#b7 ,conforming amendment ,section #de;,d7f77#b7 of such ,code is amended by striking under the preceding sentence and inserting under this paragraph4 7c7 ,increased credit for investments in community development entities serving distressed communities ,section #de;,d of such ,code is amended by redesignating subsections 7h7 and 7i7 as subsections 7i7 and 7j71 respectively1 and by inserting after subsection 7g7 the following new subsection3 7h7 ,increased credit for investments in community development entities serving distressed communities 7#a7 ,in general ,in the case of a qualified equity investment in a qualified distressed community development entity1 subsection 7a77#b7 shall be applied-- 7,a7 by substituting #f percent for #e percent in subparagraph 7,a71 and 7,b7 by substituting #g percent for #f percent in subparagraph 7,b74 7#b7 ,qualified distressed community development entity ,for purposes of this subsection-- 7,a7 ,in general ,the term qualified distressed community development entity means any qualified community development entity if-- 7i7 a substantial portion of the services and investment capital provided by such entity is provided with respect to distressed communities1 and 7ii7 such entity is certified by the ,secretary for purposes of this section as being a qualified distressed community development entity4 7,b7 ,distressed community ,the term distressed community means any population census tract 7or equivalent county division within the meaning of subsection 7e77#c77 which would be a low-income community if-- 7i7 subsection 7e77#a77;,a7 were applied by substituting #cj percent for #bj percent1 and 7ii7 subsection 7e77#a77;,b7 were applied by substituting #fj percent for #hj percent each place it appears4 4 7d7 ,effective dates 7#a7 ,extension ,the amendments made by subsection 7a7 shall apply to calendar years after #bjba4 7#b7 ,degree of distress of targeted community taken into account in making allocations ,the amendments made by subsection 7b7 shall apply to allocations made by the ,secretary after the date of the enactment of this ,act4 7#c7 ,increased credit for investments in community development entities serving distressed communities ,the amendments made by subsection 7c7 shall apply to qualified equity investments acquired at original issue after the date of the enactment of this ,act4 #bjbdd4 ,race to the ,shop 7a7 ,program authorized ,from the amounts appropriated under subsection 7e71 the ,secretary of ,labor shall award grants1 on a competitive basis1 to eligible entities to increase and improve skills training for current and prospective workers in highly-skilled industries4 7b7 ,application ,to receive a grant under this section1 an eligible entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require1 which shall include the following3 7#a7 ,a bold economic plan for the eligible entity that builds on the special assets and strengths of the entity in highly-skilled industries1 as such assets and strengths are determined by the entity4 7#b7 ,an identification and prioritization of key weaknesses or barriers 7such as lack of strong vocational education or skills training system1 or absence of customized training for industrial firms and sectors71 as determined by the eligible entity1 to successfully implementing such plan4 7#c7 ,a description of strategies that will carry out the plan through projects and investments1 with deep and sustainable involvement of highly-skilled industries4 7#d7 ,a description of how other ,federal and non-,federal funds will be leverage in support of such strategies4 7#e7 ,a description of how the eligible entity will reform the entity's policies or governance in support of such strategies4 7c7 ,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 7b77#a74 7d7 ,limitation ,an eligible entity may not receive assistance from more than #a grant awarded under this section for a fiscal year4 7e7 ,authorization of appropriations ,there are authorized to be appropriated #be1jjj1jjj for each of fiscal years #bjbb through #bjbf4 7f7 ,definitions ,in this subtitle3 7#a7 ,eligible entity ,the term eligible entity means a ,state or unit of general local government4 7#b7 ,highly-skilled industry ,the term highly-skilled industry includes the manufacturing industry4 7#c7 ,,wioa terms ,the terms ,state and unit of general local government have the meanings given the terms in section #c of the ,workforce ,investment and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 #e ,expanded ,access to ,care #bjbea4 ,study on the uninsured 7a7 ,in general ,the ,secretary of ,health and ,human ,services 7in this section referred to as the ,secretary7 shall-- 7#a7 conduct a study1 in accordance with the standards under section #caja of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjjkk71 on the demographic characteristics of the population of individuals who do not have health insurance coverage2 7#b7 include in such study an analysis of the usage by such population of emergency room and urgent care facilities2 and 7#c7 predict1 based on such study1 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 period4 7b7 ,reporting requirements 7#a7 ,in general ,not later than #ab months after the date of the enactment of this ,act1 the ,secretary shall submit to the ,congress the results of the study under subsection 7a7 and the prediction made under subsection 7a77#c74 7#b7 ,reporting of demographic characteristics ,the ,secretary shall report the demographic characteristics under paragraphs 7#a71 7#b71 and 7#c7 of subsection 7a7 on the basis of racial and ethnic group1 and shall stratify the reporting on each racial and ethnic group by other demographic characteristics that can impact access to health insurance coverage1 such as sexual orientation1 gender identity1 primary language1 disability status1 sex1 socioeconomic status1 age group1 and citizenship and immigration status1 in a manner consistent with part #a of this subtitle4 #bjbeb4 ,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 #cag,m 7#db ,u4,s4,c4 #bdg;b-#ad7 as follows3 7#a7 by redesignating subsections 7e7 and 7f7 as 7g7 and 7h71 respectively2 7#b7 by inserting after subsection 7d71 the following3 7e7 ,grants ,to ,support ,volunteer ,dental ,projects 7#a7 ,in general ,the ,secretary1 acting through the ,director of the ,centers for ,disease ,control and ,prevention1 may award grants to or enter into contracts with eligible entities to obtain portable or mobile dental equipment1 and pay for appropriate operational costs1 for the provision of free dental services to underserved populations that are delivered in a manner consistent with ,state licensing laws4 7#b7 ,eligible entity ,in this subsection1 the term eligible entity includes a ,state or local dental association1 a ,state oral health program1 a dental education1 dental hygiene education1 or postdoctoral dental education program accredited by the ,commission on ,dental ,accreditation1 and a community-based organization that partners with an academic institution1 that-- 7,a7 is exempt from tax under section #eja7;c7 of the ,internal ,revenue ,code of #aihf2 and 7,b7 offers a free dental services program for underserved populations4 7f7 ,action for ,dental ,health ,program 7#a7 ,in general ,the ,secretary1 acting through the ,director of the ,centers for ,disease ,control and ,prevention1 may award grants to or enter into contracts with eligible entities to collaborate with ,state1 county1 or local public officials and other stakeholders to develop and implement initiatives to accomplish any of the following goals3 7,a7 ,to improve oral health education and dental disease prevention1 including community-wide prevention programs1 use of dental sealants and fluoride varnish1 and increasing oral health literacy4 7,b7 ,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 adults1 including the aged1 blind1 and disabled populations4 7,c7 ,to reduce geographic1 language1 cultural1 and similar barriers in the provision of dental services4 7,d7 ,to help reduce the use of emergency departments by those who seek dental services more appropriately delivered in a dental primary care setting4 7,e7 ,to facilitate the provision of dental care to nursing home residents who are disproportionately affected by lack of care4 7#b7 ,eligible entity ,in this subsection1 the term eligible entity includes a ,state or local dental association1 a ,state oral health program1 or a dental education1 dental hygiene1 or postdoctoral dental education program accredited by the ,commission on ,dental ,accreditation1 and a community-based organization that partners with an academic institution1 that-- 7,a7 is exempt from tax under section #eja7;c7 of the ,internal ,revenue ,code of #aihf2 and 7,b7 partners with public and private stakeholders to facilitate the provision of dental services for underserved populations4 2 and 7#c7 in subsection 7h71 as redesignated by paragraph 7#a71 by striking fiscal years #bjja through #bjje and inserting fiscal years #bjbb through #bjbg4 #bjbec4 ,critical access hospital improvements 7a7 ,elimination of isolation test for cost-,based ambulance reimbursement 7#a7 ,in general ,section #ahcd7l77#h7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciem7l77#h77 is amended-- 7,a7 in subparagraph 7,b7-- 7i7 by striking owned and2 and 7ii7 by inserting 7including when such services are provided by the entity under an arrangement with the hospital7 after hospital2 and 7,b7 by striking the comma at the end of subparagraph 7,b7 and all that follows and inserting a period4 7#b7 ,effective date ,the amendments made by this subsection shall apply to services furnished on or after ,january #a1 #bjba4 7b7 ,provision of a more flexible alternative to the ,,cah designation #be inpatient bed limit requirement 7#a7 ,in general ,section #ahbj7;c77#b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;i-#d7;c77#b77 is amended-- 7,a7 in subparagraph 7,b77iii71 by striking provides not more than and inserting subject to subparagraph 7,f71 provides not more than2 and 7,b7 by adding at the end the following new subparagraph3 7,f7 ,alternative to #be inpatient bed limit requirement 7i7 ,in general ,a ,state may elect to treat a facility1 with respect to the designation of the facility for a cost-reporting period1 as satisfying the requirement of subparagraph 7,b77iii7 relating to a maximum number of acute care inpatient beds if the facility elects1 in accordance with a method specified by the ,secretary and before the beginning of the cost reporting period1 to meet the requirement under clause 7ii74 7ii7 ,alternate requirement ,the requirement under this clause1 with respect to a facility and a cost-reporting period1 is that the total number of inpatient bed days described in subparagraph 7,b77iii7 during such period will not exceed #g1cjj4 ,for purposes of this subparagraph1 an individual who is an inpatient in a bed in the facility for a single day shall be counted as one inpatient bed day4 7iii7 ,withdrawal of election ,the option described in clause 7i7 shall not apply to a facility for a cost-reporting period if the facility 7for any two consecutive cost-reporting periods during the previous #e cost-reporting periods7 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 clause4 4 7#b7 ,effective date ,the amendments made by paragraph 7#a7 shall apply to cost-reporting periods beginning on or after the date of the enactment of this ,act4 #bjbed4 ,community health center collaborative access expansion ,section #ccj of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bed;b7 is amended by adding at the end the following3 7t7 ,miscellaneous ,provisions 7#a7 ,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 7as defined by section #ahfa7;aa77#b7 of the ,social ,security ,act7 for the delivery of primary health care and other mental1 dental1 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 center4 ,such services may be limited in scope to those primary health care and other mental1 dental1 and physical health services available in that rural health clinic4 7#b7 ,enabling services ,to the extent possible1 enabling services such as transportation and translation assistance shall be provided by rural health clinics described in paragraph 7#a74 7#c7 ,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 7#a71 such rural health clinic shall establish policies to ensure-- 7,a7 nondiscrimination based upon the ability of a patient to pay2 7,b7 the establishment of a sliding fee scale for low-income patients2 and 7,c7 any such services should be subject to full reimbursement according to the ,prospective ,payment ,system scale4 4 ,c ,minority ,bank ,deposit ,program #bjcja4 ,findings ,congress finds the following3 7#a7 ,on ,march #e1 #aifi1 pursuant to ,executive ,order #aadeh1 the ,minority ,bank ,deposit ,program was established as a national program supporting minority-owned business enterprise4 ,it was expanded in #aiga under ,executive ,order #aafbe and in #aigi under ,executive ,order #abach4 ,the ,competitive ,equality ,banking ,act of #aihg 7,public ,law #ajj-hf7 and the ,financial ,institutions ,reform1 ,recovery and ,enforcement ,act of #aihi 7,public ,law #aja-gc7 include provisions supporting the intent of the ,minority ,bank ,deposit ,program4 7#b7 ,under the leadership of ,president ,jimmy ,carter1 on ,april #h1 #aigg1 a memorandum for all heads of ,federal agencies and departments was signed4 ,this document promoted the use of minority-owned business enterprises by placing deposits in minority banks4 ,the agency assigned to head this program was the ,department of the ,treasury4 7#c7 ,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 ,program4 7#d7 ,although the program continues today1 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 institutions4 #bjcjb4 ,minority ,bank ,deposit ,program 7a7 ,in general ,section #abjd of the ,financial ,institutions ,reform1 ,recovery1 and ,enforcement ,act of #aihi 7#ab ,u4,s4,c4 #ahaa note7 is amended to read as follows3 #abjd4 ,expansion of use of minority banks1 women's banks1 and low-income credit unions 7a7 ,minority ,bank ,deposit ,program 7#a7 ,establishment ,there is established a program to be known as the ,minority ,bank ,deposit ,program to expand the use of minority banks1 women's banks1 and low-income credit unions4 7#b7 ,administration ,the ,secretary of the ,treasury1 acting through the ,fiscal ,service1 shall-- 7,a7 on application by a depository institution or credit union1 certify whether such depository institution or credit union is a minority bank1 women's bank1 or low-income credit union2 7,b7 maintain and publish a list of all depository institutions and credit unions that have been certified pursuant to subparagraph 7,a72 and 7,c7 periodically distribute the list described in subparagraph 7,b7 to-- 7i7 all ,federal departments and agencies2 7ii7 interested ,state and local governments2 and 7iii7 interested private sector companies4 7#c7 ,inclusion of certain entities on list ,a depository institution or credit union that1 on the date of the enactment of this section1 has a current certification from the ,secretary of the ,treasury stating that such depository institution or credit union is a minority bank1 women's bank1 or low-income credit union shall be included on the list described under paragraph 7#b77;,b74 7b7 ,expanded ,use ,among ,federal ,departments and ,agencies 7#a7 ,in general ,not later than #a year after the establishment of the program described in subsection 7a71 the head of each ,federal department or agency shall develop and implement standards and procedures to ensure1 to the maximum extent possible as permitted by law1 the use of minority banks1 women's banks1 and low-income credit unions to serve the financial needs of each such department or agency4 7#b7 ,report to ,congress ,not later than #b years after the establishment of the program described in subsection 7a71 and annually thereafter1 the head of each ,federal department or agency shall submit to ,congress a report on the actions taken to increase the use of minority banks1 women's banks1 and low-income credit unions to serve the financial needs of each such department or agency4 7c7 ,definitions ,for purposes of this section3 7#a7 ,credit union ,the term credit union has the meaning given the term insured credit union in section #aja of the ,federal ,credit ,union ,act 7#ab ,u4,s4,c4 #ageb74 7#b7 ,depository institution ,the term depository institution has the meaning given the term insured depository institution in section #c of the ,federal ,deposit ,insurance ,act 7#ab ,u4,s4,c4 #ahac74 7#c7 ,low-income credit union ,the term low-income credit union means any entity described in section #ai7;b77#a77;,a77iv7 of the ,federal ,reserve ,act4 7#d7 ,minority ,the term minority means any ,black ,american1 ,native ,american1 ,hispanic ,american1 or ,asian ,american4 7#e7 ,minority bank ,the term minority bank means any bank described in clause 7i71 7ii71 or 7iii7 of section #ai7;b77#a77;,a7 of the ,federal ,reserve ,act-- 7,a7 more than #ej percent of the outstanding shares of which are held by #a or more minority individuals2 7,b7 the majority of the directors on the board of directors of which are minority individuals2 and 7,c7 a significant percentage of senior management positions of which are held by minority individuals4 7#f7 ,women's bank ,the term women's bank means any bank described in clause 7i71 7ii71 or 7iii7 of section #ai7;b77#a77;,a7 of the ,federal ,reserve ,act-- 7,a7 more than #ej percent of the outstanding shares of which are held by #a or more women2 7,b7 the majority of the directors on the board of directors of which are women2 and 7,c7 a significant percentage of senior management positions of which are held by women4 4 7b7 ,conforming ,amendments ,the following provisions are amended by striking #abjd7;c77#c7 and inserting #abjd7;c73 7#a7 ,section #hjh7;b77#c7 of the ,community ,reinvestment ,act of #aigg 7#ab ,u4,s4,c4 #bijg7;b77#c774 7#b7 ,section #dj7;g77#a77;,b7 of the ,federal ,deposit ,insurance ,act 7#ab ,u4,s4,c4 #ahcaq7g77#a77;,b774 7#c7 ,section #gjd;,b7h77#d7 of the ,equal ,credit ,opportunity ,act 7#ae ,u4,s4,c4 #afia;c-#b7;h77#d774 #bjcjc4 ,amendments to the ,community ,reinvestment ,act ,section #hjd7;b7 of the ,community ,reinvestment ,act of #aigg 7#ab ,u4,s4,c4 #bijc7;b77 is amended to read as follows3 7b7 ,cooperation with ,minority ,banks1 ,women's ,banks1 and ,low-,income ,credit ,unions ,considered 7#a7 ,in general ,in assessing and taking into account1 under subsection 7a71 the record of a financial institution1 the appropriate ,federal financial supervisory agency shall consider as a factor capital investment1 loan participation1 and other ventures undertaken by the institution in cooperation with minority banks1 women's banks1 community development financial institutions1 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 chartered4 7#b7 ,definitions 7,a7 ,,firrea definitions ,the terms low-income credit union1 minority bank1 and women's bank have the meanings given such terms1 respectively1 in section #abjd7;c7 of the ,financial ,institutions ,reform1 ,recovery1 and ,enforcement ,act of #aihi 7#ab ,u4,s4,c4 #ahaa note74 7,b7 ,community development financial institution ,the term community development financial institution has the meaning given in section #ajc7e7 of the ,riegle ,community ,development and ,regulatory ,improvement ,act of #aiid 7#ab ,u4,s4,c4 #dgjb7e774 4 #bjcjd4 ,considerations when assessing financial inclusion for federally chartered financial institutions 7a7 ,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 institution1 the ,comptroller shall consider as a factor capital investment1 loan participation1 and other ventures undertaken by the bank in cooperation with minority banks1 women's banks1 community development financial institutions1 and low-income credit unions1 provided that these activities help meet the financial needs of local communities in which the federally chartered financial institution provides financial products or services4 7b7 ,definitions ,for purposes of this section3 7#a7 ,community development financial institution ,the term community development financial institution has the meaning given in section #ajc7e7 of the ,riegle ,community ,development and ,regulatory ,improvement ,act of #aiid 7#ab ,u4,s4,c4 #dgjb7e774 7#b7 ,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 community1 including low- and moderate-income neighborhoods1 consistent with the safe and sound operation of such bank4 7#c7 ,financial product or service ,the term financial product or service has the meaning given such term in section #ajjb of the ,dodd-,frank ,wall ,street ,reform and ,consumer ,protection ,act 7#ab ,u4,s4,c4 #edha74 7#d7 ,,firrea definitions ,the terms low-income credit union1 minority bank1 and women's bank have the meanings given such terms1 respectively1 in section #abjd7;c7 of the ,financial ,institutions ,reform1 ,recovery1 and ,enforcement ,act of #aihi 7#ab ,u4,s4,c4 #ahaa note74 ,d ,ensuring ,diverse ,leadership #bjdja4 ,short title ,this subtitle may be cited as the ,ensuring ,diverse ,leadership ,act of #bjbj4 #bjdjb4 ,congressional ,findings ,the ,congress finds that-- 7#a7 while significant progress has occurred due to the antidiscrimination amendments to the ,federal ,reserve ,act1 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 ,system2 7#b7 the continuing barriers described in paragraph 7#a7 merit the following amendment2 7#c7 ,congress has received and reviewed testimony and documentation of the historical lack of gender1 racial1 and ethnic diversity from numerous sources1 including congressional hearings1 scientific reports1 reports issued by public and private agencies1 news stories1 and reports of related barriers by organizations and individuals1 which show that race-1 ethnicity-1 and gender-neutral efforts alone are insufficient to address the problem2 7#d7 the testimony and documentation described in paragraph 7#c7 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 diversity2 and 7#e7 the testimony and documentation described in paragraph 7#c7 provide a strong basis that there is a compelling need for the below amendment to address the historical lack of gender1 racial1 and ethnic diversity in the ,federal ,reserve regional bank presidents selection process in the ,federal ,reserve ,system4 #bjdjc4 ,federal reserve bank presidents 7a7 ,in general ,the provision designated fifth of the fourth undesignated paragraph of section #d of the ,federal ,reserve ,act 7#ab ,u4,s4,c4 #cda7 is amended by inserting after employees4 the following3 ,in making the appointment of a president1 the bank shall interview at least one individual reflective of gender diversity and one individual reflective of racial or ethnic diversity44 7b7 ,report ,not later than ,january #a of each year1 each ,federal reserve bank shall submit to the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate1 the ,committee on ,financial ,services of the ,house of ,representatives1 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 year1 if applicable4 #bjdjd4 ,technical adjustments 7a7 ,american ,competitiveness and ,workforce ,improvement ,act of #aiih ,section #dah7;b7 of the ,american ,competitiveness and ,workforce ,improvement ,act of #aiih 7#h ,u4,s4,c4 #aahd note7 is amended by striking ,chairman of the ,board of ,governors and inserting ,chair of the ,board of ,governors4 7b7 ,bretton ,woods ,agreements ,act ,the ,bretton ,woods ,agreements ,act 7#bb ,u4,s4,c4 #bhf et seq47 is amended-- 7#a7 in section #d7;a71 by striking ,chairman of the ,board of ,governors and inserting ,chair of the ,board of ,governors2 and 7#b7 in section #de7;a77#a71 by striking chairman of the board of ,governors and inserting ,chair of the ,board of ,governors4 7c7 ,dodd-,frank ,wall ,street ,reform and ,consumer ,protection ,act ,the ,dodd-,frank ,wall ,street ,reform and ,consumer ,protection ,act 7#ab ,u4,s4,c4 #ecja et seq47 is amended by striking ,chairman of the ,board each place such term appears and inserting ,chair of the ,board4 7d7 ,emergency ,economic ,stabilization ,act of #bjjh ,the ,emergency ,economic ,stabilization ,act of #bjjh 7#ab ,u4,s4,c4 #ebja et seq47 is amended by striking ,chairman of the ,board each place such term appears and inserting ,chair of the ,board4 7e7 ,emergency ,loan ,guarantee ,act ,section #b of the ,emergency ,loan ,guarantee ,act 7#ae ,u4,s4,c4 #ahda7 is amended by striking ,chairman of the ,board of ,governors and inserting ,chair of the ,board of ,governors4 7f7 ,emergency ,steel ,loan ,guarantee and ,emergency ,oil and ,gas ,guaranteed ,loan ,act of #aiii ,the ,emergency ,steel ,loan ,guarantee and ,emergency ,oil and ,gas ,guaranteed ,loan ,act of #aiii 7#ae ,u4,s4,c4 #ahda note7 is amended-- 7#a7 in section #aja7;e77#b7-- 7,a7 by striking ,chairman of the ,board of ,governors and inserting ,chair of the ,board of ,governors2 and 7,b7 by striking ,chairman1 and inserting ,chair12 and 7#b7 in section #bja7;d77#b77;,b7-- 7,a7 by striking ,chairman of the ,board of ,governors and inserting ,chair of the ,board of ,governors2 and 7,b7 by striking ,chairman1 and inserting ,chair14 7g7 ,farm ,credit ,act of #aiga ,section #d4i7;d77#a77;,c7 of the ,farm ,credit ,act of #aiga 7#ab ,u4,s4,c4 #bafj7;d77#a77;,c77 is amended by striking ,chairman of the ,board of ,governors and inserting ,chair of the ,board of ,governors4 7h7 ,federal ,deposit ,insurance ,act ,the ,federal ,deposit ,insurance ,act 7#ab ,u4,s4,c4 #ahaa et seq47 is amended-- 7#a7 in section #g7;a77#c71 by striking ,chairman of the ,board of ,governors and inserting ,chair of the ,board of ,governors2 and 7#b7 in section #aj7k77#e77;,b77ii71 by striking ,chairman of the ,board of ,governors and inserting ,chair of the ,board of ,governors4 7i7 ,federal ,reserve ,act ,the ,federal ,reserve ,act 7#ab ,u4,s4,c4 #bbf et seq47 is amended-- 7#a7 by striking chairman each place such term appears and inserting chair2 7#b7 by striking ,chairman each place such term appears other than in section #aa7r77#b77;,b7 and inserting ,chair2 7#c7 in section #b1 in the sixth undesignated paragraph-- 7,a7 in the second sentence1 by striking his and inserting the ,comptroller of the ,currency's2 and 7,b7 in the third sentence1 by striking his and inserting the director's2 7#d7 in section #d-- 7,a7 in the third undesignated paragraph1 by striking his office and inserting the ,office of the ,comptroller of the ,currency2 7,b7 in the fourth undesignated paragraph1 in the provision designated fifth1 by striking his and inserting the person's2 7,c7 in the eighth undesignated paragraph1 by striking his and inserting the chair's2 7,d7 in the seventeenth undesignated paragraph-- 7i7 by striking his and inserting the officer's2 and 7ii7 by striking he and inserting the individual2 7,e7 in the twentieth undesignated paragraph-- 7i7 by striking ,he each place such term appears and inserting ,the chair2 7ii7 in the third sentence-- 7,i7 by striking his and inserting the2 and 7,,ii7 by striking he and inserting a comma2 and 7iii7 in the fifth sentence1 by striking he and inserting the chair2 and 7,f7 in the twenty-first undesignated paragraph1 by striking his each place such term appears and inserting the agent's2 7#e7 in section #f1 in the second undesignated paragraph1 by striking he and inserting the ,comptroller of the ,currency2 7#f7 in section #i;,a7c77#b77;,c71 by striking he and inserting the participant2 7#g7 in section #aj-- 7,a7 by striking he each place such term appears and inserting the member2 7,b7 in the second undesignated paragraph1 by striking his and inserting the member's2 and 7,c7 in the fourth undesignated paragraph-- 7i7 in the second sentence1 by striking his and inserting the chair's2 7ii7 in the fifth sentence1 by striking his and inserting the member's2 and 7iii7 in the sixth sentence1 by striking his and inserting the member's2 7#h7 in section #ab1 by striking his and inserting the member's2 7#i7 in section #ac1 in the tenth undesignated paragraph1 by striking his and inserting the assured's2 7#aj7 in section #af-- 7,a7 by striking he each place such term appears and inserting the agent2 7,b7 in the seventh undesignated paragraph-- 7i7 by striking his and inserting the agent's2 and 7ii7 by striking himself and inserting the agent2 7,c7 in the tenth undesignated paragraph1 by striking his and inserting the ,secretary's2 and 7,d7 in the fifteenth undesignated paragraph1 by striking his and inserting the agent's2 7#aa7 in section #ah1 in the eighth undesignated paragraph1 by striking he and inserting the ,secretary of the ,treasury2 7#ab7 in section #bb-- 7,a7 in subsection 7f71 by striking his and inserting the director's or officer's2 and 7,b7 in subsection 7g7-- 7i7 in paragraph 7#a77;,d7-- 7,i7 by striking him and inserting the officer2 and 7,,ii7 by striking he and inserting the officer2 and 7ii7 in paragraph 7#b77;,a71 by striking him as his and inserting the officer as the officer's2 and 7#ac7 in section #be;,a-- 7,a7 in the twelfth undesignated paragraph-- 7i7 by striking he each place such term appears and inserting the member2 and 7ii7 by striking his and inserting the member's2 7,b7 in the fourteenth undesignated paragraph1 by striking his and inserting the director's or officer's2 and 7,c7 in the twenty-second undesignated paragraph1 by striking his each place such term appears and inserting such individual's4 7j7 ,federal ,reserve ,reform ,act of #aigg ,section #bjd7;b7 of the ,federal ,reserve ,reform ,act of #aigg 7#ab ,u4,s4,c4 #bdb note7 is amended by striking ,chairman or ,vice ,chairman of the ,board of ,governors and inserting ,chair or ,vice ,chair of the ,board of ,governors4 7k7 ,financial ,institutions ,reform1 ,recovery1 and ,enforcement ,act of #aihi ,the ,financial ,institutions ,reform1 ,recovery1 and ,enforcement ,act of #aihi is amended-- 7#a7 in section #cjh 7#ab ,u4,s4,c4 #adfc note7-- 7,a7 in subsection 7a71 by striking ,chairman of the ,board of ,governors and inserting ,chair of the ,board of ,governors2 and 7,b7 in subsection 7c71 by striking ,chairman of the ,board of ,governors and inserting ,chair of the ,board of ,governors2 7#b7 in section #ajja7;a7 7#ab ,u4,s4,c4 #ahaa note71 by striking ,chairman of the ,board of ,governors and inserting ,chair of the ,board of ,governors2 and 7#c7 in section #abje7;b77#a77;,a7 7#ab ,u4,s4,c4 #ahah note7-- 7,a7 by striking ,chairman of the ,board of ,governors and inserting ,chair of the ,board of ,governors2 and 7,b7 by striking ,chairman's and inserting ,chair's4 7l7 ,food1 ,conservation1 and ,energy ,act of #bjjh ,section #acajf7;a7 of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7#g ,u4,s4,c4 #b note7 is amended by striking ,chairman of the ,board of ,governors and inserting ,chair of the ,board of ,governors4 7m7 ,housing and ,community ,development ,act of #aiib ,section #acac7;a77#c7 of the ,housing and ,community ,development ,act of #aiib 7#ab ,u4,s4,c4 #deac7;a77#c77 is amended-- 7#a7 in the heading1 by striking chairman and inserting chair2 7#b7 by striking ,chairman of the ,board of ,governors and inserting ,chair of the ,board of ,governors2 and 7#c7 by striking ,chairman regarding and inserting ,chair regarding4 7n7 ,inspector ,general ,act of #aigh ,section #h;,g of the ,inspector ,general ,act of #aigh is amended by striking ,chairman of the ,board of ,governors each place such term appears and inserting ,chair of the ,board of ,governors4 7o7 ,international ,lending ,supervision ,act of #aihc ,section #ijh7;b77#c77;,c7 of the ,international ,lending ,supervision ,act of #aihc 7#ab ,u4,s4,c4 #cijg7;b77#c77;,c77 is amended by striking ,chairman of the ,board of ,governors and inserting ,chair of the ,board of ,governors4 7p7 ,neighborhood ,reinvestment ,corporation ,act ,section #fjd7;a77#c7 of the ,neighborhood ,reinvestment ,corporation ,act 7#db ,u4,s4,c4 #hajc7;a77#c77 is amended by striking ,chairman each place it appears and inserting ,chair4 7q7 ,public ,law #ic-die ,section #bjb7;a77#a7 of ,public ,law #ic-die 7#ab ,u4,s4,c4 #bdjb7;a77#a77 is amended-- 7#a7 by striking ,chairman of the ,board of ,governors and inserting ,chair of the ,board of ,governors2 and 7#b7 by striking his and inserting the ,chair's4 7r7 ,sarbanes-,oxley ,act of #bjjb ,section #aja7;e77#d77;,a7 of the ,sarbanes-,oxley ,act of #bjjb 7#ae ,u4,s4,c4 #gbaa7;e77#d77;,a77 is amended by striking ,chairman of the ,board of ,governors and inserting ,chair of the ,board of ,governors4 7s7 ,securities ,exchange ,act of #aicd ,section #ag;,a7f77#d77;,c7 of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #ghq-#a7;f77#d77;,c77 is amended by striking ,chairman of the ,board of ,governors and inserting ,chair of the ,board of ,governors4 7t7 ,title #ca ,title #ca1 ,united ,states ,code1 is amended-- 7#a7 in section #acdd7;b77#g71 by striking ,chairman of the ,board of ,governors and inserting ,chair of the ,board of ,governors2 and 7#b7 in section #ecah;,a1 by striking ,chairman of the ,board of ,governors each place such term appears and inserting ,chair of the ,board of ,governors4 7u7 ,trade ,act of #aigd ,section #afc7;b77#c7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbac7;b77#c77 is amended by striking ,chairman of the ,board of ,governors and inserting ,chair of the ,board of ,governors4 7v7 ,deeming of name ,any reference in a law1 regulation1 document1 paper1 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 ,system4 ,e ,startup ,opportunity ,accelerator #bjeja4 ,short title ,this subtitle may be cited as the ,startup ,opportunity ,accelerator ,act of #bjbj or the ,,soar ,act4 #bjejb4 ,findings ,congress finds that-- 7#a7 startups have contributed greatly to the ,united ,states economy1 with research showing that between #aihb and #bjaa1 businesses #e years or younger were responsible for nearly every net new job created2 7#b7 startups face common challenges as they seek to transform their ideas into successful1 high-growth businesses2 7#c7 #d metropolitan areas in #c ,states--the ,san ,francisco ,bay ,area1 ,new ,york ,city1 ,boston1 and ,los ,angeles--receive nearly #ge percent of all venture capital investment1 which is a critical source of funding for high-growth startups2 7#d7 of startups that receive venture capital funding1 #b percent are ,african-,american-owned1 #f percent are ,latino-owned1 and only #ac percent are owned solely by women2 7#e7 incubators and accelerators are new models of growth that drive innovation by connecting entrepreneurial individuals and teams to create viable business ventures and social initiatives2 7#f7 incubators and accelerators support promising startups through partnerships1 mentoring1 and resources connecting them with seasoned entrepreneurs2 7#g7 the goal of an incubator or an accelerator is to help create and grow young businesses by providing them with necessary financial1 technical1 and industry support and financial and technical services2 and 7#h7 startups offer unique opportunities for growth and development for women1 minority1 and veterans to become successful entrepreneurs and leaders in new and developed fields4 #bjejc4 ,funding for organizations that support startup businesses 7a7 ,in general ,the ,small ,business ,act 7#ae ,u4,s4,c4 #fca et seq47 is amended-- 7#a7 by redesignating section #di 7#ae ,u4,s4,c4 #fca note7 as section #ej2 and 7#b7 by inserting after section #dh the following3 #di4 ,funding for organizations that support startup businesses 7a7 ,definitions ,in this section-- 7#a7 the term accelerator means an organization that-- 7,a7 frequently provides1 but is not exclusively designed to provide1 seed investment in exchange for a small amount of equity2 7,b7 works with a startup for a predetermined amount of time2 7,c7 provides mentorship and instruction to scale businesses2 or 7,d7 offers startup capital or the opportunity to raise capital from outside investors2 7#b7 the term disability has the meaning given the term in section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb72 7#c7 the term eligible entity means an organization-- 7,a7 that is located in the ,united ,states2 7,b7 the primary purpose of which is to support new small business concerns2 and 7,c7 that is often classified as an accelerator2 7#d7 the term new small business concern means a small business concern that has been in operation for not more than #e years2 7#e7 the term small business concern owned and controlled by socially and economically disadvantaged individuals has the meaning given the term in section #h7;d77#c77;,c72 and 7#f7 the term ,state means any ,state of the ,united ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 and any territory or possession of the ,united ,states4 7b7 ,funding 7#a7 ,in general ,not later than #a year after the date of enactment of this section1 the ,administrator shall develop and begin implementing a program to award cash grants of not more than #ajj1jjj to eligible entities to support new small business concerns4 7#b7 ,use of funds ,a grant under this section-- 7,a7 may be used for construction costs1 space acquisition1 and programmatic purposes2 and 7,b7 may not be used to provide capital or professional services to new small business concerns directly or through the subaward of funds4 7#c7 ,disbursal of funds ,in disbursing funds under this section1 the ,administrator may use incremental or scheduled payments4 7c7 ,application 7#a7 ,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 #aj new small business concerns per year4 7#b7 ,requirements ,in soliciting applications and awarding grants to eligible entities under this section1 the ,administrator shall employ a streamlined and inclusive approach that-- 7,a7 widely publicizes funding opportunities to a broad audience1 including through the use of digital resources such as the website of the ,administration and social media2 7,b7 utilizes an easily accessible submission process or platform2 7,c7 shall make every effort to minimize-- 7i7 the use of forms1 detailed budgets1 supporting documentation1 or written submissions2 and 7ii7 any other burdensome requirement2 7,d7 focuses on solution-based approaches and results-based outcomes2 7,e7 encourages innovation2 and 7,f7 allows proposals or pitches to be presented using various formats or media4 7d7 ,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-- 7#a7 office1 manufacturing1 or warehouse space1 including appropriate operations infrastructure2 7#b7 access to capital either directly from the eligible entity 7using amounts other than the amounts provided under the grant7 or through guidance and contacts for acquiring capital from outside investors2 7#c7 access to professional services either directly from the eligible entity 7using amounts other than the amounts provided under the grant7 or through guidance and contacts for acquiring professional services1 including accounting and legal services2 or 7#d7 a formal structured mentorship or developmental program that assists new small business concerns with building business skills and competencies4 7e7 ,considerations in choosing recipients ,in determining whether to award a grant under this section to an eligible entity1 the ,administrator shall take into account-- 7#a7 for eligible entities that have in operation a program to support new small business concerns1 the record of the eligible entity in assisting new small business concerns1 including1 for each of the #c full years before the date on which the eligible entity applies for a grant under this section-- 7,a7 the retention rate of new small business concerns in the program of the eligible entity2 7,b7 the average period of participation by new small business concerns in the program of the eligible entity2 7,c7 the total1 average1 and median capital raised by new small business concerns participating in the program of the eligible entity2 and 7,d7 the total1 average1 and median number of employees of new small business concerns participating in the program of the eligible entity2 7#b7 for all eligible entities-- 7,a7 the number of new small business concerns assisted or anticipated to be assisted by the eligible entity2 7,b7 the number of new small business concerns applying or anticipated to apply for assistance from the eligible entity2 7,c7 whether the program of the eligible entity provides or would provide assistance to individuals in gender1 racial1 or ethnic groups underrepresented by existing programs to assist new small business concerns2 and 7,d7 other metrics determined appropriate by the ,administrator2 7#c7 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 concerns1 if the area has sufficient population density1 as determined by the ,administrator2 7#d7 the level of experience of the entrepreneurial leadership of the eligible entity2 and 7#e7 the ability of the eligible entity to use and leverage local strengths1 including human resources1 infrastructure1 and educational institutions4 7f7 ,requirement ,to award grants to certain accelerators ,in order to promote diversity in entrepreneurship1 the ,administrator shall award not less than #ej percent of amounts appropriated for grants in a given fiscal year to-- 7#a7 accelerators located in an area described in subparagraph 7,a71 7,b71 or 7,c7 of section #c7p77#a72 and 7#b7 accelerators for which not less than #ej percent of the small business concerns served by the accelerator are small business concerns-- 7,a7 owned and controlled by socially and economically disadvantaged individuals2 7,b7 owned and controlled by women2 or 7,c7 that are not less than #ea percent owned by one or more-- 7i7 ,native ,americans2 7ii7 individuals participating in the ,transition ,assistance ,program of the ,department of ,defense2 7iii7 individuals who-- 7,i7 served on active duty in any branch of the ,armed ,forces1 including the ,national ,guard and ,reserves2 and 7,,ii7 were discharged or released from such service under conditions other than dishonorable2 7iv7 formerly incarcerated individuals2 or 7v7 individuals with a disability4 7g7 ,matching nonpublic funding requirement 7#a7 ,in general ,an eligible entity receiving a grant under this section shall obtain funds from a private individual or entity 7including a for-profit or nonprofit entity7 that are-- 7,a7 for the same purposes as a grant may be made under this section2 7,b7 used to carry out the program of the eligible entity carried out using the grant under this section2 and 7,c7 in an amount that is not to be less than #ej percent of the amount of the grant under this section4 7#b7 ,form of non-,federal share ,not more than #be percent of the funds obtained under paragraph 7#a7 may be in the form of in-kind contributions4 7h7 ,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 may1 in the discretion of the ,administrator and in addition to any other civil or criminal consequences1 result in the ,administrator withholding payments or ordering the eligible entity to return the grant funds4 7i7 ,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 grant1 including-- 7#a7 the number of new small business concerns participating in the program during each of the #c years preceding the report2 7#b7 the number of new small business concerns applying to participate in the program during each of the #c years preceding the report2 7#c7 the retention rate of new small business concerns in the program2 7#d7 the average period of participation in the program by new small business concerns2 7#e7 the total1 average1 and median capital raised by new small business concerns participating in the program2 7#f7 the total1 average1 and median number of employees of new small business concerns participating in the program2 7#g7 the number of new small business concerns-- 7,a7 owned and controlled by socially and economically disadvantaged individuals2 7,b7 owned and controlled by women2 or 7,c7 that are not less than #ea percent owned by one or more-- 7i7 ,native ,americans2 7ii7 individuals participating in the ,transition ,assistance ,program of the ,department of ,defense2 7iii7 individuals who-- 7,i7 served on active duty in any branch of the ,armed ,forces1 including the ,national ,guard and ,reserves2 and 7,,ii7 were discharged or released from such service under conditions other than dishonorable2 7iv7 formerly incarcerated individuals2 or 7v7 individuals with a disability2 and 7#h7 other metrics determined appropriate by the ,administrator4 7j7 ,report to congress ,the ,administrator shall submit to ,congress an annual report on the program under this section1 which shall include an assessment of the effectiveness of the program1 including an assessment based on the metrics listed in subsection 7i74 7k7 ,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 ,administration1 such as small business development centers1 small business investment companies1 loans under section #g7;a71 assistance under title ,v of the ,small ,business ,investment ,act of #aieh 7#ae ,u4,s4,c4 #fie et seq471 and resource partners of the ,administration1 including women's business centers and veteran's business outreach centers4 7l7 ,coordination with the ,department of ,veterans ,affairs ,in consultation with the ,secretary of ,veteran ,affairs1 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 ,affairs4 7m7 ,listing on website ,the ,administrator shall include a list of eligible entities receiving a grant under this section on the website of the ,administration4 7n7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section #f1jjj1jjj for each of the first #e fiscal years beginning after the date of enactment of this section4 4 7b7 ,technical and conforming amendment ,effective on ,january #a1 #bjba1 section #di7;f77#a7 of the ,small ,business ,act1 as added by subsection 7a71 is amended to read as follows3 7#a7 accelerators located in an area described in subparagraph 7,a71 7,b71 or 7,c7 of section #ca7;b72 and 4 ,f ,new ,markets ,tax ,credit ,extension #bjfja4 ,short title ,this subtitle may be cited as the ,new ,markets ,tax ,credit ,extension ,act of #bjbj4 #bjfjb4 ,permanent extension of new markets tax credit 7a7 ,extension 7#a7 ,in general ,subparagraph 7,g7 of section #de;,d7f77#a7 of the ,internal ,revenue ,code of #aihf is amended by striking for each of calendar years #bjaj through #bjai and inserting for calendar year #bjaj and each calendar year thereafter4 7#b7 ,conforming amendment ,section #de;,d7f77#c7 of such ,code is amended by striking the last sentence4 7b7 ,inflation adjustment ,subsection 7f7 of section #de;,d of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new paragraph3 7#d7 ,inflation adjustment 7,a7 ,in general ,in the case of any calendar year beginning after #bjba1 the dollar amount in paragraph 7#a77;,g7 shall be increased by an amount equal to-- 7i7 such dollar amount1 multiplied by 7ii7 the cost-of-living adjustment determined under section #a7;f77#c7 for the calendar year1 determined by substituting calendar year #bjjj for calendar year #bjbj in subparagraph 7,a77ii7 thereof4 7,b7 ,rounding rule ,any increase under subparagraph 7,a7 which is not a multiple of #a1jjj1jjj shall be rounded to the nearest multiple of #a1jjj1jjj4 4 7c7 ,alternative minimum tax relief ,subparagraph 7,b7 of section #ch7;c77#d7 of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 by redesignating clauses 7v7 through 7xii7 as clauses 7vi7 through 7xiii71 respectively1 and 7#b7 by inserting after clause 7iv7 the following new clause3 7v7 the credit determined under section #de;,d1 but only with respect to credits determined with respect to qualified equity investments 7as defined in section #de;,d7b77 initially made after ,december #ca1 #bjah1 4 7d7 ,effective dates 7#a7 ,in general ,except as provided in paragraph 7#b71 the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjah4 7#b7 ,alternative minimum tax relief ,the amendments made by subsection 7c7 shall apply to credits determined with respect to qualified equity investments 7as defined in section #de;,d7b7 of the ,internal ,revenue ,code of #aihf7 initially made after ,december #ca1 #bjah4 ,g ,extension of the ,caribbean ,basin ,economic ,recovery #bjgja4 ,short title ,this subtitle may be cited as the ,extension of the ,caribbean ,basin ,economic ,recovery ,act4 #bjgjb4 ,extension of the ,caribbean ,basin ,economic ,recovery ,act ,section #bac of the ,caribbean ,basin ,economic ,recovery ,act 7#ai ,u4,s4,c4 #bgjc7 is amended as follows3 7#a7 ,extension for certain knit apparel articles ,in clause 7iii7 of subsection 7b77#b77;,a7-- 7,a7 in subclause 7,,ii77cc71 by striking ,september #cj1 #bjbj and inserting ,september #cj1 #bjcj2 and 7,b7 in subclause 7,,iv77dd71 by striking ,september #cj1 #bjbj and inserting ,september #cj1 #bjcj4 7#b7 ,extension of limitation with respect to certain other apparel articles ,in clause 7iv77,,ii7 of such subsection1 by striking #ah and inserting #bh4 7#c7 ,extension of transition period ,in subsection 7b77#e77;,d77i71 by striking ,september #cj1 #bjbj and inserting ,september #cj1 #bjcj4 ,h ,automotive ,jobs #bjhja4 ,short title ,this subtitle may be cited as the ,automotive ,jobs ,act of #bjbj4 #bjhjb4 ,study of well-being of ,united ,states automotive industry2 stay of action on certain investigation 7a7 ,study required ,the ,united ,states ,international ,trade ,commission 7in this section referred to as the ,commission7 shall conduct a study of the economic well-being1 health1 and vitality of the ,united ,states automotive industry1 which shall include an assessment of the following3 7#a7 ,the number of automotive jobs in the ,united ,states1 regardless of whether the parent entity of the ,united ,states automotive producer is headquartered in the ,united ,states or another country4 7#b7 ,any growth or decline in number of automobile manufacturing facilities and automotive parts suppliers in the ,united ,states since #aihj4 7#c7 ,the effect an automotive plant has on the unemployment rate1 per capita income1 and education level in the community in which the plant is located4 7#d7 ,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 jobs4 7#e7 ,the number of automobiles assembled in the ,united ,states that are exported each year and to which countries4 7#f7 ,the percentage of component parts of automobiles assembled in the ,united ,states that are imported4 7#g7 ,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 parts4 7#h7 ,the effect an increase in automotive manufacturing costs would have on jobs in the ,united ,states4 7b7 ,report ,not earlier than #ahj days after the date of the enactment of this ,act1 and not later than one year after such date of enactment1 the ,commission shall submit to the ,president and ,congress a report on-- 7#a7 the findings of the study required by subsection 7a72 and 7#b7 any recommendations relating to the automotive industry that the ,commission considers appropriate based on the study4 7c7 ,stay of action relating to investigation into national security effects of automotive imports ,for purposes of the requirements of subsection 7c7 of section #bcb of the ,trade ,expansion ,act of #aifb 7#ai ,u4,s4,c4 #ahfb71 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 #bc1 #bjah1 shall not be deemed to be submitted until the date on which-- 7#a7 the ,commission submits to the ,president and ,congress the report required by subsection 7b7 of this section2 and 7#b7 the ,president1 after reviewing the report and considering the findings and recommendations of the ,commission included in the report1 determines not to reopen the investigation of the ,department of ,commerce4 7d7 ,united ,states automotive producer defined ,in this section1 the term ,united ,states automotive producer means an entity that manufactures or assembles automobiles or component parts for automobiles in the ,united ,states4 ,i ,revitalizing ,underdeveloped ,rural ,areas and ,lands #bjija4 ,short title ,this subtitle may be cited as the ,revitalizing ,underdeveloped ,rural ,areas and ,lands ,act of #bjbj or as the ,,rural ,act of #bjbj4 #bjijb4 ,modification of income for purposes of determining tax-exempt status of certain mutual or cooperative telephone or electric companies 7a7 ,in general ,section #eja7;c77#ab7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new subparagraph3 7,j7 ,in the case of a mutual or cooperative telephone or electric company described in this paragraph1 subparagraph 7,a7 shall be applied without taking into account any income received or accrued from-- 7i7 any grant1 contribution1 or assistance provided pursuant to the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act or any similar grant1 contribution1 or assistance by any local1 ,state1 or regional governmental entity for the purpose of relief1 recovery1 or restoration from1 or preparation for1 a disaster or emergency1 or 7ii7 any grant or contribution by any governmental entity 7other than a contribution in aid of construction or any other contribution as a customer or potential customer7 the purpose of which is substantially related to providing1 constructing1 restoring1 or relocating electric1 communication1 broadband1 internet1 or other utility facilities or services4 4 7b7 ,effective date ,the amendment made by this section shall apply to taxable years beginning after ,december #ca1 #bjag4 ,j ,consumer ,financial ,education and ,empowerment #bajja4 ,short title ,this subtitle may be cited as the ,consumer ,financial ,education and ,empowerment ,act4 #bajjb4 ,financial literacy grant program 7a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 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 7d74 7b7 ,application requirements ,to be eligible to be awarded a grant under the program established under subsection 7a71 an eligible entity shall submit an application to the ,director at such time1 in such manner1 and containing such information as the ,director may require1 including information on-- 7#a7 the curriculum and design of the financial literacy program proposed by the eligible entity1 including a description of how such program meets the requirements of subsection 7d72 7#b7 expected participants in the proposed financial literacy program2 7#c7 who is expected to be employed or otherwise involved with the proposed financial literacy program1 including-- 7,a7 administrators2 7,b7 consultants2 and 7,c7 financial advisors2 and 7#d7 a prospective budget for the proposed financial literacy program4 7c7 ,grants 7#a7 ,amounts ,the ,director shall determine the amount of each grant awarded under the program established under subsection 7a74 7#b7 ,term ,a grant awarded under the program established under subsection 7a7 shall be for a term of #ab months4 7#c7 ,considerations ,in awarding grants under the program established under subsection 7a71 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 #ajag7;d7 of the ,dodd-,frank ,wall ,street ,reform and ,consumer ,protection ,act 7#ab ,u4,s4,c4 #edig7;d774 7#d7 ,renewal ,an eligible entity may apply to renew a grant awarded under the program established under subsection 7a7 by submitting to the ,director a simplified renewal application that shall receive expedited review4 7#e7 ,bureau of ,consumer ,financial ,protection annual financial literacy report ,in awarding grants under this section1 the ,director shall consider information provided by the annual report that is required under section #ajac7;d77#d7 of the ,dodd-,frank ,wall ,street ,reform and ,consumer ,protection ,act 7#ab ,u4,s4,c4 #edic7;d77#d774 7d7 ,financial literacy program described ,a financial literacy program described in this subsection is a program that provides the following3 7#a7 ,instruction to participants1 including individuals who provide instruction with respect to financial literacy education1 on one or more of the following3 7,a7 ,personal financial wellness4 7,b7 ,credit and alternatives to credit4 7,c7 ,management of student loan debt4 7,d7 ,financial counseling for individuals who seek to attend a college1 university1 or vocational school4 7,e7 ,preparation for homeownership4 7,f7 ,basic investing4 7,g7 ,financial saving1 planning1 and management4 7,h7 ,tax planning4 7,i7 ,personal information security4 7,j7 ,preparation for retirement4 7,k7 ,entrepreneurship assistance or assistance in starting a business4 7,l7 ,other topics as determined by the ,director4 7#b7 ,an in-person instruction component that-- 7,a7 may be provided as a webinar1 an in-classroom experience1 or one-on-one financial coaching2 7,b7 includes-- 7i7 live1 real-time instruction2 and 7ii7 an opportunity for students to engage with an instructor2 and 7,c7 is not primarily comprised of self-taught instruction4 7e7 ,funding 7#a7 ,in general ,the ,director shall1 in accordance with section #ajag7;d7 of the ,dodd-,frank ,wall ,street ,reform and ,consumer ,protection ,act 7#ab ,u4,s4,c4 #edig7;d771 use amounts in the ,consumer ,financial ,civil ,penalty ,fund to carry out this subtitle4 7#b7 ,amounts ,to carry out this subtitle1 the ,director shall use until expended not less than-- 7,a7 in fiscal year #bjbb1 #ej1jjj1jjj2 and 7,b7 in each allocation period starting after fiscal year #bjbb1 the lessor of-- 7i7 #be1jjj1jjj2 or 7ii7 after allocation to victims has been determined for the prior allocation period1 #ej percent of the remaining amounts collected during the prior allocation period4 7#c7 ,conforming amendment ,section #ajag7;d77#b7 of the ,dodd-,frank ,wall ,street ,reform and ,consumer ,protection ,act 7#ab ,u4,s4,c4 #edig7;d77#b77 is amended-- 7,a7 by striking 1 the ,bureau may use and inserting 1 the ,bureau-- 7,a7 may use 2 7,b7 by striking programs4 and inserting programs2 and2 and 7,c7 by adding at the end the following3 7,b7 shall use such funds for the grant program established by the ,consumer ,financial ,education and ,empowerment ,act4 4 7f7 ,financial ,literacy and ,education ,commission report ,not later than #b years after the ,director establishes the program under subsection 7a71 and every #e years thereafter1 the ,financial ,literacy and ,education ,commission shall submit to ,congress and the ,director a report that provides recommendations on how to improve such program4 7g7 ,definitions ,in this section3 7#a7 ,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 #ajge4aje7;b7 of title #ab1 ,code of ,federal ,regulations 7or any successor regulation74 7#b7 ,commission ,the term ,commission means the ,financial ,literacy and ,education ,commission1 established under title ,v of the ,fair and ,accurate ,credit ,transactions ,act of #bjjc 7#bj ,u4,s4,c4 #igja et seq474 7#c7 ,director ,the term ,director means the ,director of the ,bureau of ,consumer ,financial ,protection4 7#d7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,state government1 local government1 or agency of a ,state or local government2 or 7,b7 a nonprofit organization that-- 7i7 has knowledge of personal financial management2 7ii7 has experience providing financial education2 and 7iii7 has a history of achieving goals and objectives of financial literacy programs4 7#e7 ,nonprofit organization ,the term nonprofit organization means an organization that is described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #eja7;c77#c77 and is exempt from taxation under section #eja7;a7 of such ,code4 7#f7 ,state ,the term ,state means each ,state of the ,united ,states1 the ,district of ,columbia1 each territory or possession of the ,united ,states1 and each federally recognized ,indian ,tribe4 ,k ,department of ,homeland ,security ,mentor-,protg ,program #baaja4 ,short title ,this subtitle may be cited as the ,department of ,homeland ,security ,mentor-,protg ,program ,act of #bjbj4 #baajb4 ,department of ,homeland ,security mentor-protg program 7a7 ,in general ,subtitle ,h of title ,,viii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #dea et seq47 is amended by adding at the end the following new section3 #hij;,b4 ,mentor-protg program 7a7 ,establishment ,there is established in the ,department a mentor-protg program 7in this section referred to as the ,program7 under which a mentor firm enters into an agreement with a protg firm for the purpose of assisting the protg firm to compete for prime contracts and subcontracts of the ,department4 7b7 ,eligibility ,the ,secretary shall establish criteria for mentor firms and protg firms to be eligible to participate in the ,program1 including a requirement that a firm is not included on any list maintained by the ,federal ,government of contractors that have been suspended or debarred4 7c7 ,program application and approval 7#a7 ,application ,the ,secretary1 acting through the ,office of ,small and ,disadvantaged ,business ,utilization of the ,department1 shall establish a process for submission of an application jointly by a mentor firm and the protg firm selected by the mentor firm4 ,the application shall include each of the following3 7,a7 ,a description of the assistance to be provided by the mentor firm1 including1 to the extent available1 the number and a brief description of each anticipated subcontract to be awarded to the protg firm4 7,b7 ,a schedule with milestones for achieving the assistance to be provided over the period of participation in the ,program4 7,c7 ,an estimate of the costs to be incurred by the mentor firm for providing assistance under the ,program4 7,d7 ,attestation that ,program participants will submit to the ,secretary reports at times specified by the ,secretary to assist the ,secretary in evaluating the protg firm's developmental progress4 7,e7 ,attestations that ,program participants will inform the ,secretary in the event of change in eligibility or voluntary withdrawal from the ,program4 7#b7 ,approval ,not later than #fj days after receipt of an application pursuant to paragraph 7#a71 the head of the ,office of ,small and ,disadvantaged ,business ,utilization shall notify applicants of approval or1 in the case of disapproval1 the process for resubmitting an application for reconsideration4 7#c7 ,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 ,department4 7d7 ,program duration ,a mentor firm and protg firm approved under subsection 7c7 shall enter into an agreement to participate in the ,program for a period of not less than #cf months4 7e7 ,program benefits ,a mentor firm and protg firm that enter into an agreement under subsection 7d7 may receive the following ,program benefits3 7#a7 ,with respect to an award of a contract that requires a subcontracting plan1 a mentor firm may receive evaluation credit for participating in the ,program4 7#b7 ,with respect to an award of a contract that requires a subcontracting plan1 a mentor firm may receive credit for a protg 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 protg firm4 7#c7 ,a protg firm may receive technical1 managerial1 financial1 or any other mutually agreed upon benefit from a mentor firm1 including a subcontract award4 7#d7 ,any other benefits identified by the ,secretary4 7f7 ,reporting ,not later than #a year after the date of the enactment of this ,act1 and annually thereafter1 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-- 7#a7 identifies each agreement between a mentor firm and a protg firm entered into under this section1 including number of protg firm participants that are-- 7,a7 small business concerns2 7,b7 small business concerns owned and controlled by veterans2 7,c7 small business concerns owned and controlled by service-disabled veterans2 7,d7 qualified ,h,u,b,zone small business concerns2 7,e7 small business concerns owned and controlled by socially and economically disadvantaged individuals2 7,f7 women-owned small business concerns2 7,g7 historically ,black colleges and universities2 and 7,h7 minority institutions of higher education2 7#b7 describes the type of assistance provided by mentor firms to protg firms2 7#c7 identifies contracts within the ,department in which a mentor firm serving as the prime contractor provided subcontracts to a protg firm under the ,program2 and 7#d7 assesses the degree to which there has been-- 7,a7 an increase in the technical capabilities of protg firms2 and 7,b7 an increase in the quantity and estimated value of prime contract and subcontract awards to protg firms for the period covered by the report4 7g7 ,definitions ,in this section3 7#a7 ,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 #bcbc of title #aj1 ,united ,states ,code1 as in effect on ,march #a1 #bjah4 7#b7 ,mentor firm ,the term mentor firm means a for-profit business concern that is not a small business concern that-- 7,a7 has the ability to assist and commits to assisting a protg to compete for ,federal prime contracts and subcontracts2 and 7,b7 satisfies any other requirements imposed by the ,secretary4 7#c7 ,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 #cab7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajeh7;b774 7#d7 ,protg firm ,the term protg firm means a small business concern1 a historically ,black college or university1 or a minority institution of higher education that-- 7,a7 is eligible to enter into a prime contract or subcontract with the ,department2 and 7,b7 satisfies any other requirements imposed by the ,secretary4 7#e7 ,small ,business ,act definitions ,the terms small business concern1 small business concern owned and controlled by veterans1 small business concern owned and controlled by service-disabled veterans1 qualified ,h,u,b,zone small business concern1 and small business concern owned and controlled by women have the meaning given such terms1 respectively1 under section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb74 ,the term small business concern owned and controlled by socially and economically disadvantaged individuals has the meaning given such term in section #h7;d77#c77;,c7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcg7;d77#c77;,c774 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by inserting after the item relating to section #hij;,a the following new item3 ,sec4 #hij;,b4 ,mentor-protg program4 4 ,l ,borderland ,takings ,defense ,fund #babja4 ,short title ,this subtitle may be cited as the ,borderland ,takings ,defense ,fund ,act4 #babjb4 ,defense fund for private landowners 7a7 ,in general ,subtitle ,h of title ,,viii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #dea et seq47 is amended by adding at the end the following new section3 #hij;,b4 ,defense fund for private landowners 7a7 ,establishment 7#a7 ,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 ,mexico4 7#b7 ,administration 7,a7 ,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 7#a74 7,b7 ,qualifications ,the individual appointed under subparagraph 7,a7 to serve as the administrator of the fund shall be an individual who-- 7i7 has at least three years of relevant experience in pro bono legal assistance2 and 7ii7 to the maximum extent practicable1 has a demonstrated record of advocacy on behalf of litigants in actions brought by or against the ,federal ,government4 7b7 ,prohibition ,notwithstanding section #ajb of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #aajc note71 the ,secretary may not take such actions1 such as the removal of obstacles1 to construct or install additional physical barriers or roads between ports of entry along the land border with ,mexico until-- 7#a7 the fund described in subsection 7a7 is established and made available to eligible property described in such subsection2 and 7#b7 such property owners are provided information on how to access legal support through such fund4 7c7 ,eligibility ,to be eligible for assistance through the fund referred to in subsection 7a71 a property owner shall-- 7#a7 own property along the land border with ,mexico that-- 7,a7 is subject to the condemnation or acquisition referred to in such subsection2 or 7,b7 is determined by the ,administrator to be at risk of such action2 and 7#b7 7,a7 be the head of a low-income household2 or 7,b7 if such property owner is not the head of a low-income household1 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 ,government4 7d7 ,outreach ,the ,secretary1 acting through the administrator of the fund1 shall-- 7#a7 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 ,mexico2 and 7#b7 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 strategy4 7e7 ,definitions ,in this section3 7#a7 ,low-income household ,the term low-income household means a household-- 7,a7 in which one or more individuals are receiving-- 7i7 assistance under a ,state program funded under part ,a of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fja et seq472 7ii7 supplemental security income payments under title ,,xvi of the ,social ,security ,act 7#db ,u4,s4,c4 #acha et seq472 7iii7 supplemental nutrition assistance program benefits under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq472 or 7iv7 payments under-- 7,i7 section #acae1 #aeba1 #aeda1 or #aedb of title #ch1 ,united ,states ,code2 or 7,,ii7 section #cjf of the ,veterans' and ,survivors' ,pension ,improvement ,act of #aigh 7#ch ,u4,s4,c4 #aeba note2 ,public ,law #ie-ehh72 or 7,b7 that has an income that1 as determined by the ,state in which such household is located1 does not exceed the greater of-- 7i7 an amount equal to #aej percent of the poverty level for such ,state2 and 7ii7 an amount equal to #fj percent of the median income for such ,state4 7#b7 ,property ,the term property means land1 including an estate or interest in land1 including an easement or right of way in land4 7f7 ,authorization of appropriations ,in addition to any amounts otherwise authorized to be appropriated for such purpose1 there is authorized to be appropriated #bj1jjj1jjj for each of fiscal years #bjbb through #bjbh to carry out this section4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by inserting after the item relating to section #hij;,a the following new item3 ,sec4 #hij;,b4 ,defense fund for private landowners4 4 ,m ,examining ,educational ,redlining and ,lending ,act #bacja4 ,short title ,this subtitle may be cited as the ,examining ,educational ,redlining in ,lending ,act4 #bacjb4 ,assessment of certain educational data 7a7 ,assessment ,not later than #ahj days after the date of the enactment of this ,act and annually thereafter1 the ,bureau of ,consumer ,financial ,protection 7referred to in this section as the ,bureau7 shall1 in coordination with relevant executive agencies and national civil rights stakeholders1 assess-- 7#a7 the use of certain educational data by covered persons in determining the creditworthiness of an applicant2 7#b7 the use of an underwriting process that involves gathering data points and creating applicant profiles1 including automated or algorithmic processes1 and the risks of such use1 by covered persons to determine the creditworthiness of an applicant2 and 7#c7 what policies and guidelines are in place to ensure decisions do not result in a disparate impact on a protected class4 7b7 ,report to ,congress ,not later than #fj days after the completion of each assessment required under subsection 7a7 and annually thereafter1 the ,bureau shall submit to the ,committee on ,financial ,services of the ,house of ,representatives and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate the findings of such assessment and any recommendations based on such findings4 7c7 ,publication ,not later than #cj days after the completion of the assessment required under subsection 7a71 the ,bureau shall make available on a publicly accessible website-- 7#a7 the findings of the assessment under subsection 7a72 7#b7 a list of all covered persons that use certain educational data2 and 7#c7 a list of all covered persons that use an underwriting process that involves gathering data points and creating applicant profiles1 including automated or algorithmic processes1 to determine the creditworthiness of an applicant4 7d7 ,definitions ,in this section3 7#a7 ,applicant's background ,the term applicant's background includes data related to or derived from the following3 7,a7 ,attendance at an academic institution4 7,b7 ,academic majors pursued at an academic institution4 7,c7 ,grades or test scores from or used for admission into an academic institution4 7,d7 ,educational attainment4 7#b7 ,certain educational data ,the term certain educational data means data1 including non-individualized data1 that indicates or is created1 derived1 or inferred from an applicant's background including whether an applicant has attended any of the following3 7,a7 ,an eligible institution4 7,b7 ,a junior or community college4 7#c7 ,covered person ,the term covered person has the meaning given such term in section #ajjb of the ,consumer ,financial ,protection ,act of #bjaj 7#ab ,u4,s4,c4 #edha74 7#d7 ,eligible institution ,the term eligible institution has the meaning given that term in section #cga7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7a774 7#e7 ,junior or community college ,the term junior or community college has the meaning given that term in section #cab7;f7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajeh7;f774 ,,iii ,poverty ,alleviation ,a #aj-bj-cj #cjaja4 ,short title ,this subtitle may be cited as the #aj-bj-cj ,act of #bjbj4 #cjajb4 ,allocation of funds for assistance in persistent poverty counties 7a7 ,in general ,notwithstanding any other provision of law1 of the funds made available 7if any7 in each of fiscal years #bjae through #bjcj in any appropriations ,act for each of the following accounts or activities1 #aj percent of such funds shall be allocated for assistance in persistent poverty counties3 7#a7 ,department of ,agriculture1 ,rural ,development ,programs4 7#b7 ,department of ,commerce1 ,economic ,development ,administration1 ,economic ,development ,assistance ,programs4 7#c7 ,department of ,commerce1 ,national ,institute of ,standards and ,technology1 ,construction4 7#d7 ,department of ,education1 ,fund for the ,improvement of ,education4 7#e7 ,department of ,education1 ,fund for the ,improvement of ,postsecondary ,education4 7#f7 ,department of ,labor1 ,employment and ,training ,administration1 ,training and ,employment ,services4 7#g7 ,department of ,health and ,human ,services1 ,health ,resources and ,services ,administration4 7#h7 ,department of ,housing and ,urban ,development1 ,economic ,development ,initiative4 7#i7 ,department of ,justice1 ,office of ,justice ,programs4 7#aj7 ,environmental ,protection ,agency1 ,state and ,tribal ,assistance ,grants1 ,water and ,wastewater4 7#aa7 ,department of ,transportation1 ,federal ,highway ,administration1 ,transportation ,community and ,system ,preservation4 7#ab7 ,department of the ,treasury1 ,community ,development ,financial ,institutions4 7b7 ,determination of persistent poverty counties ,for purposes of this section1 the term persistent poverty counties means any county with a poverty rate of at least #bj percent1 as determined in each of the #aiij1 #bjjj1 and #bjaj decennial censuses and the ,bureau of the ,census's ,small ,area ,income and ,poverty ,estimates 7,,saipe7 for the most recent year for which ,,saipe data is available4 7c7 ,reports ,not later than six months after the date of the enactment of this ,act1 each department or agency listed in subsection 7a7 shall submit to ,congress a progress report on the implementation of this section4 ,b ,,eitc ,modernization #cjbja4 ,short title ,this subtitle may be cited as the ,,eitc ,modernization ,act of #bjbj4 #cjbjb4 ,findings ,congress finds the following3 7#a7 ,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 threshold4 7#b7 ,since its establishment in #aige1 the credit has increased family income1 reduced child poverty1 and promoted employment by supplementing the earnings of low-wage workers1 including military families4 7#c7 ,the credit has a positive impact on the education and health of children living in poverty4 7#d7 ,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 needs1 such as groceries1 school supplies1 car repairs1 rent1 and health care4 7#e7 ,the widening gap between the incomes of the wealthiest ,americans and those of middle- and lower-income ,americans is alarming4 7#f7 ,there is an urgent need to address that gap1 including through measures like this legislation and by raising the ,federal minimum wage which together increase the wages of working ,americans1 widen the path to income stability1 and narrow income inequality4 #cjbjc4 ,modifications of the earned income tax credit 7a7 ,inclusion of individuals with qualifying dependents 7#a7 ,in general ,section #cb7;c77#a7 of the ,internal ,revenue ,code of #aihf is amended-- 7,a7 in subparagraph 7,a71 by striking qualifying child each place such term appears and inserting qualifying dependent1 and 7,b7 by striking subparagraphs 7,b7 and 7,f7 and by redesignating subparagraphs 7,c71 7,d71 and 7,e7 as subparagraphs 7,b71 7,c71 and 7,d71 respectively4 7#b7 ,qualifying dependent defined ,section #cb7;c7 of such ,code is amended by redesignating paragraphs 7#c7 and 7#d7 as paragraphs 7#e7 and 7#f71 and by inserting after paragraph 7#b7 the following new paragraphs3 7#c7 ,qualifying dependent 7,a7 ,in general ,the term qualifying dependent means1 with respect to a taxable year-- 7i7 a qualifying child1 7ii7 an aged dependent1 or 7iii7 a qualifying individual described in subparagraph 7,b7 or 7,c7 of section #ba7;b77#a74 7,b7 ,identification requirements ,no credit shall be allowed under this section with respect to a qualifying dependent unless the taxpayer includes the name1 age1 and ,,tin of the individual on the return of tax for the taxable year4 7,c7 ,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 year4 7#d7 ,aged dependent ,the term aged dependent means a dependent for whom a deduction is allowable under section #aea who has attained the age of #fe before the close of the taxable year4 4 7#c7 ,conforming amendments 7,a7 ,the tables in paragraphs 7#a7 and 7#b7 of section #cb7;b7 of such ,code are each amended-- 7i7 by striking qualifying child each place it appears and inserting qualifying dependent1 and 7ii7 by striking qualifying children each place it appears and inserting qualifying dependents4 7,b7 ,section #cb7;c77#e7 of such ,code1 as redesignated by this ,act1 is amended by striking subparagraphs 7,c7 and 7,d74 7,c7 ,section #cb7m7 of such ,code is amended by striking 7c77#c77;,d7 and inserting 7c77#c77;,b74 7b7 ,inclusion of qualifying students 7#a7 ,in general ,section #cb7;c77#a77;,a7 of such ,code is amended by striking or at the end of clause 7i71 by striking the period at the end of clause 7ii77,,iii7 and inserting 1 or1 and by inserting after clause 7ii77,,iii7 the following new clause3 7iii7 any individual who is a qualifying student4 4 7#b7 ,qualifying student defined ,section #cb7;c77#a7 of such ,code1 as amended by subsection 7a71 is further amended by adding at the end the following new subparagraph3 7,e7 ,qualifying student ,the term qualifying student means1 with respect to a taxable year1 an individual who is an eligible student 7as defined in section #be;,a7b77#c77 with respect to an institution of higher education 7as defined in section #aja of the ,higher ,education ,act of #aife7 who-- 7i7 is not a dependent for whom a deduction is allowable under section #aea to another taxpayer for any taxable year beginning in the same calendar year as such taxable year1 and 7ii7 either-- 7,i7 is qualified for a ,federal ,pell ,grant with respect to the academic year beginning in such taxable year1 or 7,,ii7 has modified adjusted gross income of less than #bej percent of the poverty line for the size of the family involved for the taxable year4 7,f7 ,definitions ,for purposes of this subparagraph3 7i7 ,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 #iaa1 #ica1 or #icc4 7ii7 ,poverty line 7,i7 ,in general ,the term poverty line has the meaning given such term in section #fgc7b7 of the ,community ,services ,block ,grant ,act 7#db ,u4,s4,c4 #iijb7b771 including any revision required by such section4 7,,ii7 ,family size ,for purposes of determining the poverty line applicable to the taxpayer1 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 #aea 7relating to allowance of deduction for personal exemptions7 for the taxable year4 4 7#c7 ,conforming amendment ,section #cb7;c77#a77;,a77ii7 of such ,code is amended by inserting 7other than a qualifying student7 after any other individual4 7c7 ,minimum credit for students and for individuals with certain qualifying dependents ,section #cb7;a7 of such ,code is amended by adding at the end the following new paragraph3 7#c7 ,minimum credit for students and for individuals with certain qualifying dependents 7,a7 ,in general ,in the case of a qualifying student1 or an eligible individual who has a specified dependent for the taxable year1 the amount determined under paragraph 7#a7 7before the application of paragraph 7#b77 and the amount determined under paragraph 7#b77;,a7 shall not be less than #a1bjj4 7,b7 ,specified dependent ,for purposes of this paragraph1 the term specified dependent means any qualifying dependent 7other than a qualifying child who has attained the age of #g before the close of the taxable year74 4 7d7 ,monthly payment ,section #cb of such ,code1 as amended by this subtitle1 is further amended by adding at the end the following new subsection3 7n7 ,monthly payment 7#a7 ,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 #bdj 7but only to the extent such refund does not exceed the credit allowed under this section7 such individual may elect to have the ,secretary1 in lieu of such refund1 make a payment equal to-- 7,a7 #b_/ac of such refund 7with interest7 during the earlier of the first practicable month or the second month that begins after the date the return was filed1 and 7,b7 #a_/ac of such refund 7with interest7 during each of the #aa months subsequent to the month determined under subparagraph 7,a74 7#b7 ,method of payment ,a payment made under this subsection shall be made by direct deposit or by general-use prepaid card1 or by such other method 7other than by check7 as the ,secretary may prescribe and the taxpayer may elect4 7#c7 ,one-time increase ,the first time an individual receives a payment under this subsection1 paragraph 7#a77;,a7 shall be applied by substituting #d_/ac for #b_/ac4 4 7e7 ,special rule for new low-,income parents ,section #cb of such ,code1 as amended by this subtitle1 is further amended by adding at the end the following new subsection3 7o7 ,special rule for new low-,income parents 7#a7 ,in general ,in the case of an individual who-- 7,a7 is eligible for payments under subsection 7o77#a7 with respect to a refund for a taxable year1 and 7,b7 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 payments1 the amount of any such payments made after such birth or adoption shall be adjusted to the amount such payments would be if such qualifying child were a qualifying child of the taxpayer under this section for the taxable year to which such payments relate4 7#b7 ,qualifying child determination ,for purposes of determining if a child is a qualifying child for purposes of this subsection1 subsection 7m7 shall be applied by inserting or1 in the case of an adoption1 such other identifying information as specified by the ,secretary before the period at the end4 4 7f7 ,age of eligible individuals without dependents ,section #cb7;c77#a77;,a77ii77,,ii7 of such ,code is amended by striking age #be but not attained age #fe and inserting age #ah4 7g7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after the date of the enactment of this ,act4 #cjbjd4 ,return preparation programs for low-income taxpayers 7a7 ,in general ,chapter #gg of such ,code is amended by inserting after section #gebf the following new section3 #gebf;,a4 ,return preparation programs for low-income taxpayers 7a7 ,establishment of volunteer income tax assistance matching grant program ,the ,secretary1 through the ,internal ,revenue ,service1 shall establish a ,community ,volunteer ,income ,tax ,assistance ,matching ,grant ,program under which the ,secretary may1 subject to the availability of appropriated funds1 make grants to provide matching funds for the development1 expansion1 or continuation of qualified return preparation programs assisting low-income taxpayers and members of underserved populations4 7b7 ,use of funds 7#a7 ,in general ,qualified return preparation programs may use grants received under this section for-- 7,a7 ordinary and necessary costs associated with program operation in accordance with cost principles under the applicable ,office of ,management and ,budget circular1 including-- 7i7 wages or salaries of persons coordinating the activities of the program1 7ii7 developing training materials1 conducting training1 and performing quality reviews of the returns prepared under the program1 7iii7 equipment purchases1 and 7iv7 vehicle-related expenses associated with remote or rural tax preparation services1 7,b7 outreach and educational activities described in subsection 7c77#b77;,b71 and 7,c7 services related to financial education and capability1 asset development1 and the establishment of savings accounts in connection with tax return preparation4 7#b7 ,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 program4 7c7 ,application 7#a7 ,in general ,each applicant for a grant under this section shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may reasonably require4 7#b7 ,priority ,in awarding grants under this section1 the ,secretary shall give priority to applications which demonstrate-- 7,a7 assistance to low-income taxpayers1 with emphasis on outreach to1 and services for1 such taxpayers1 7,b7 taxpayer outreach and educational activities relating to eligibility and availability of income supports available through the ,internal ,revenue ,code of #aihf1 including the earned income tax credit1 and 7,c7 specific outreach and focus on one or more underserved populations4 7#c7 ,amounts taken into account ,in determining matching grants under this section1 the ,secretary shall only take into account amounts provided by the qualified return preparation program for expenses described in subsection 7b74 7d7 ,accuracy reviews 7#a7 ,in general ,the ,secretary shall establish procedures for1 and shall conduct1 periodic site visits of qualified return preparation programs operating under a grant under this section-- 7,a7 to ensure such programs are carrying out the purposes of this section1 and 7,b7 to determine the return preparation accuracy rate of the program4 7#b7 ,additional requirements for grant recipients not meeting minimum standards ,in the case of any qualified return preparation program which-- 7,a7 is awarded a grant under this section1 and 7,b7 is subsequently determined-- 7i7 to have a less than #ij percent average accuracy rate for preparation of tax returns1 or 7ii7 not to be otherwise carrying out the purposes of this section1 such program shall not be eligible for any additional grants under this section unless such program provides sufficient documentation of corrective measures established to address any such deficiencies determined4 7e7 ,definitions ,for purposes of this section-- 7#a7 ,qualified return preparation program ,the term qualified return preparation program means any program-- 7,a7 which provides assistance to individuals1 not less than #ij percent of whom are low-income taxpayers1 in preparing and filing ,federal income tax returns1 7,b7 which is administered by a qualified entity1 7,c7 in which all volunteers who assist in the preparation of ,federal income tax returns meet the training requirements prescribed by the ,secretary1 and 7,d7 which uses a quality review process which reviews #ajj percent of all returns4 7#b7 ,qualified entity 7,a7 ,in general ,the term qualified entity means any entity which-- 7i7 is an eligible organization1 7ii7 is in compliance with ,federal tax filing and payment requirements1 7iii7 is not debarred or suspended from ,federal contracts1 grants1 or cooperative agreements1 and 7iv7 agrees to provide documentation to substantiate any matching funds provided pursuant to the grant program under this section4 7,b7 ,eligible organization ,the term eligible organization means-- 7i7 an institution of higher education which is described in section #ajb 7other than subsection 7a77#a77;,c7 thereof7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb71 as in effect on the date of the enactment of this section1 and which has not been disqualified from participating in a program under title ,,iv of such ,act1 7ii7 an organization described in section #eja7;c7 and exempt from tax under section #eja7;a71 7iii7 a local government agency1 including-- 7,i7 a county or municipal government agency1 and 7,,ii7 an ,indian tribe1 as defined in section #d7ac7 of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dajc7ac771 including any tribally designated housing entity 7as defined in section #d7bb7 of such ,act 7#be ,u4,s4,c4 #dajc7bb7771 tribal subsidiary1 subdivision1 or other wholly owned tribal entity1 7iv7 a local1 ,state1 regional1 or national coalition 7with one lead organization which meets the eligibility requirements of clause 7i71 7ii71 or 7iii7 acting as the applicant organization71 or 7v7 in the case of a targeted population or community with respect to which no organizations described in the preceding clauses are available-- 7,i7 a ,state government agency1 or 7,,ii7 an office providing ,cooperative ,extension services 7as established at the land-grant colleges and universities under the ,smith-,lever ,act of ,may #h1 #aiad74 7#c7 ,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 #cb7;b7 for a married couple filing a joint return with #c or more qualifying children1 as determined in a revenue procedure or other published guidance4 7#d7 ,underserved population ,the term underserved population includes populations of persons with disabilities1 persons with limited ,english proficiency1 ,native ,americans1 individuals living in rural areas1 members of the ,armed ,forces and their spouses1 and the elderly4 7f7 ,special rules and limitations 7#a7 ,duration of grants ,upon application of a qualified return preparation program1 the ,secretary is authorized to award a multi-year grant not to exceed #c years4 7#b7 ,aggregate limitation ,unless otherwise provided by specific appropriation1 the ,secretary shall not allocate more than #cj1jjj1jjj per fiscal year 7exclusive of costs of administering the program7 to grants under this section4 7g7 ,promotion and referral 7#a7 ,promotion ,the ,secretary shall promote tax preparation through qualified return preparation programs through the use of mass communications1 referrals1 and other means4 7#b7 ,internal revenue service referrals ,the ,secretary may refer taxpayers to qualified return preparation programs receiving grants under this section4 7#c7 ,,vita grantee referral ,qualified return preparation programs receiving a grant under this section are encouraged to refer1 as appropriate1 to local or regional ,low-,income ,taxpayer ,clinics individuals who are eligible for such clinics4 4 7b7 ,clerical amendment ,the table of sections for chapter #gg is amended by inserting after the item relating to section #gebf the following new item3 #gebf;,a4 ,return preparation programs for low-income taxpayers4 4 7c7 ,effective date ,the amendments made by this section shall apply with respect to taxable years beginning after the date of enactment of this ,act4 ,c ,end ,diaper ,need #cjcja4 ,short title ,this subtitle may be cited as the ,end ,diaper ,need ,act of #bjbj4 #cjcjb4 ,diaper distribution demonstration project ,part ,p of title ,,iii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bhj;g et seq47 is amended by adding at the end the following3 #cii,v-#g4 ,diaper distribution demonstration program 7a7 ,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 toddlers4 7b7 ,design of program ,in carrying out the grant program under subsection 7a71 the ,secretary shall-- 7#a7 consult with relevant stakeholders1 including agencies1 professional associations1 and nonprofit organizations1 on the design of the program2 and 7#b7 design the program in such a way that the program-- 7,a7 decreases diaper need in low-income families and meets the unmet diaper needs of infants and toddlers in such families through-- 7i7 the distribution of free diapers and diapering supplies2 7ii7 community outreach to assist in participation in existing diaper distribution programs2 or 7iii7 improving access to diapers and diapering supplies as part of a comprehensive service2 and 7,b7 increases the abilities of communities and low-income families in those communities to provide for the diaper needs of infants and toddlers in those communities4 7c7 ,eligible entities ,to be eligible for a grant under this section1 an entity shall-- 7#a7 be a ,state or local governmental entity1 an ,indian ,tribe or tribal organization 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act71 or a nonprofit organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and exempt from taxation under section #eja7;a7 of such ,code2 7#b7 have experience in the area of-- 7,a7 community distributions of basic need services1 including experience collecting1 warehousing1 and distributing basic necessities such as diapers1 food1 or menstrual products2 7,b7 child care2 7,c7 child development activities in low-income communities2 or 7,d7 motherhood1 fatherhood1 or parent-education efforts serving low-income parents of young children2 7#c7 demonstrate competency to implement a project1 provide fiscal accountability1 collect data1 and prepare reports and other necessary documentation2 7#d7 demonstrate a willingness to share information with researchers1 practitioners1 and other interested parties2 and 7#e7 submit to the ,secretary a description of the design of the evaluation to be carried out under subsection 7d77#b7 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 ,states4 7d7 ,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 toddlers1 which use may include any of the following3 7#a7 ,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 #c years of age or younger4 7#b7 ,using not more than #be percent of the funds received by the grantee under this section1 to evaluate the effect of activities under paragraph 7#a7 on mitigating the health and developmental risks of unmet diaper need among infants1 toddlers1 and other family members in low-income families1 including the risks of diaper dermatitis1 urinary tract infections1 and parental and child depression and anxiety4 7#c7 ,to integrate activities under paragraph 7#a7 with other basic needs assistance programs serving eligible children and their families1 including the following3 7,a7 ,programs funded by the ,temporary ,assistance for ,needy ,families program1 including its ,state maintenance of effort provisions4 7,b7 ,programs designed to support the health of eligible children1 such as the ,children's ,health ,insurance ,program under title ,,xxi of the ,social ,security ,act1 the ,medicaid program under title ,,xix of such ,act1 or ,state-funded health care programs4 7,c7 ,programs funded through the ,special ,supplemental ,nutrition ,program for ,women1 ,infants1 and ,children4 7,d7 ,programs that offer early home visiting services1 including the ,nurse-,family ,partnership and the ,maternal1 ,infant1 and ,early ,childhood ,home ,visiting 7,,miechv7 ,program 7including the ,tribal ,home ,visiting ,program74 7,e7 ,programs to provide improved and affordable access to child care1 including programs funded through the ,child ,care and ,development ,fund1 the ,temporary ,assistance for ,needy ,families program1 or a ,state-funded program4 7e7 ,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 for1 or amount of1 benefits under any other ,federal needs-based programs4 7f7 ,reports ,as a condition of receiving a grant under this section for a fiscal year1 the grantee shall submit to the ,secretary1 not later than #f months after the end of the fiscal year1 a report that specifies1 by month and fiscal year1 the following3 7#a7 ,the number of infants and toddlers and the age of the infant and toddlers who received assistance from the grantee's diaper distribution project4 7#b7 ,the number of families that have received assistance from the grantee's diaper distribution project4 7#c7 ,the number of diapers1 and the number of each type of diapering supply1 distributed under the grantee's diaper distribution project4 7#d7 ,the ,,zip ,code or ,,zip ,codes where the grantee distributed diapers and diaper supplies4 7#e7 ,the method or methods the grantee uses to distribute diapers and diapering supplies4 7#f7 ,such other information as the ,secretary may specify4 7g7 ,evaluation ,the ,secretary1 in consultation with each grantee under this section1 shall-- 7#a7 not later than #b years after the date of enactment of the ,end ,diaper ,need ,act of #bjbj-- 7,a7 complete an evaluation of the effectiveness of the program carried out pursuant to this section2 7,b7 submit to the relevant congressional committees a report on the results of such evaluation2 and 7,c7 publish the results of the evaluation on the internet website of the ,department of ,health and ,human ,services2 and 7#b7 7,a7 not later than #c years after the date of enactment of the ,end ,diaper ,need ,act of #bjbj1 update the evaluation required by paragraph 7#a77;,a72 and 7,b7 not later than #ij days after completion of the updated evaluation under subparagraph 7,a7-- 7i7 submit to the relevant congressional committees a report describing the results of such updated evaluation2 and 7ii7 publish the results of such evaluation on the internet website of the ,department of ,health and ,human ,services4 7h7 ,definitions ,in this section3 7#a7 ,diaper ,the term diaper means an absorbent garment that-- 7,a7 is washable or disposable that may be worn by an infant or toddler who is not toilet-trained2 and 7,b7 if disposable-- 7i7 does not use any latex or common allergens2 and 7ii7 meets or exceeds the quality standards for diapers commercially available through retail sale in the following categories3 7,i7 ,absorbency 7with acceptable rates for first and second wetting74 7,,ii7 ,waterproof outer cover4 7,,iii7 ,flexible leg openings4 7,,iv7 ,refastening closures4 7#b7 ,diapering supplies ,the term diapering supplies means items1 including diaper wipes and diaper cream1 necessary to ensure that a child using a diaper is properly cleaned and protected from diaper rash4 7#c7 ,eligible child ,the term eligible child means a child who-- 7,a7 has not attained #d years of age2 and 7,b7 is a member of a family whose self-certified income is not more than #bjj percent of the ,federal poverty line4 7#d7 ,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 #fgc7b7 of the ,omnibus ,budget ,reconciliation ,act of #aiha applicable to a family of the size involved4 7#e7 ,low-income ,the term low-income1 with respect to a family1 means a family whose self-certified income is not more than #bjj percent of the ,federal poverty line4 7i7 ,authorization of appropriations 7#a7 ,in general ,to carry out this section1 there is authorized to be appropriated #ajj1jjj1jjj for each of fiscal years #bjbb through #bjbe4 7#b7 ,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 year4 4 #cjcjc4 ,improving access to diapers for medically complex children ,section #aiae7;c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifn7c77 is amended by adding at the end the following new paragraph3 7#aa7 7,a7 ,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 incontinence1 a bowel or bladder condition that causes excess urine or stool 7such as short gut syndrome or diabetes insipidus71 or a severe skin condition that causes skin erosions 7such as epidermolysis bullosa71 such medical assistance shall include1 for the duration of the waiver1 the provision of #bjj medically necessary diapers per month and diapering supplies4 ,such medical assistance may include the provision of medically necessary diapers in amounts greater than #bjj if a licensed health care provider 7such as a physician1 nurse practitioner1 or physician assistant7 specifies that such greater amounts are necessary for such medically complex child4 7,b7 ,for purposes of this paragraph-- 7i7 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 conditions2 7ii7 the term medically necessary diaper means an absorbent garment that is-- 7,i7 washable or disposable2 and 7,,ii7 worn by a medically complex child who has been diagnosed with a condition described in subparagraph 7,a7 and needs such garment to correct or ameliorate such condition2 and 7iii7 the term diapering supplies means items1 including diaper wipes and diaper creams1 necessary to ensure that a medically complex child who has been diagnosed with a condition described in subparagraph 7,a7 and uses a medically necessary diaper is properly cleaned and protected from diaper rash4 4 #cjcjd4 ,inclusion of diapers and diapering supplies as qualified medical expenses 7a7 ,health savings accounts ,section #bbc7;d77#b7 of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 by adding at the end of subparagraph 7,a7 the following3 ,for purposes of this subparagraph1 amounts paid for medically necessary diapers and diapering supplies shall be treated as paid for medical care42 and 7#b7 by adding at the end the following new subparagraph3 7,d7 ,medically necessary diapers and diapering supplies ,for purposes of this paragraph-- 7i7 ,medically necessary diapers ,the term medically necessary diaper means an absorbent garment that is washable or disposable worn by an individual who has attained #c years of age and needs diapers because they are medically necessary1 serve a preventative medical purpose1 or are needed to correct or ameliorate defects or physical or mental illnesses or conditions which are diagnosed by a licenced health care provider4 7ii7 ,diapering supplies ,the term diapering supplies means items1 including diaper wipes and diaper creams necessary to ensure that a child using a medically necessary diaper is properly cleaned and protected from diaper rash4 4 7b7 ,archer ,m,s,as ,section #bbj7;d77#b77;,a7 of such ,code is amended by adding at the end the following3 ,for purposes of this subparagraph1 amounts paid for medically necessary diapers and diapering supplies 7as defined in section #bbc7;d77#b77;,d77 shall be treated as paid for medical care44 7c7 ,health flexible spending arrangements and health reimbursement arrangements ,section #ajf of such ,code is amended by adding at the end the following new subsection3 7f7 ,reimbursements for medically necessary diapers and diapering supplies ,for purposes of this section and section #aje1 expenses incurred for medically necessary diapers and diapering supplies 7as defined in section #bbc7;d77#b77;,d77 shall be treated as incurred for medical care4 4 7d7 ,effective dates 7#a7 ,distributions from health savings accounts ,the amendments made by subsections 7a7 and 7b7 shall apply to amounts paid after ,december #ca1 #bjbj4 7#b7 ,reimbursements ,the amendment made by subsection 7c7 shall apply to expenses incurred after ,december #ca1 #bjbj4 ,d ,closing the ,meal ,gap #cjdja4 ,short title ,this subtitle may be cited as the ,closing the ,meal ,gap ,act of #bjbj4 #cjdjb4 ,amendments 7a7 ,calculation of program benefits ,the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq47 is amended-- 7#a7 in section #c 7#g ,u4,s4,c4 #bjab7-- 7,a7 by striking subsection 7u71 7,b7 by redesignating subsections 7n7 through 7t7 as subsections 7o7 through 7u71 respectively1 and 7,c7 by inserting after subsection 7m7 the following3 7n7 ,low-cost food plan means the diet required to feed a family of four persons1 consisting of a man and a woman nineteen through fifty1 a child six through eight1 and a child nine through eleven years of age1 determined in accordance with the ,secretary's calculations4 ,the cost of such diet shall be the basis for uniform allotments for all households regardless of their actual composition1 except that the ,secretary shall-- 7#a7 make household-size adjustments 7based on the unrounded cost of such diet7 taking into account economies of scale2 7#b7 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 ,alaska2 7#c7 make cost adjustments in the separate low-cost food plans for ,guam1 and the ,virgin ,islands of the ,united ,states1 to reflect the cost of food in those ,states1 but not to exceed the cost of food in the #ej ,states and the ,district of ,columbia2 and 7#d7 on ,october #a1 #bjba1 and each ,october #a thereafter1 adjust the cost of the diet to reflect the cost of the diet in the immediately preceding ,june1 and round the result to the nearest lower dollar increment for each household size4 1 7#b7 in section #h7;a7 7#g ,u4,s4,c4 #bjag7;a77-- 7,a7 by striking thrifty food plan each place it appears1 and inserting low-cost food plan1 and 7,b7 by striking #h percent and inserting #aj percent1 7#c7 in section #af7;c77#a77;,a77ii7 7#g ,u4,s4,c4 #bjbe7;c77#a77;,a77ii77-- 7,a7 in subclause 7,i7 by striking for fiscal year #bjad1 at an amount not greater than #cg and inserting for fiscal year #bjba1 at an amount not greater than #ej1 and 7,b7 in subclause 7,,ii7-- 7i7 by striking ,june #cj1 #bjac and inserting ,june #cj1 #bjba1 and 7ii7 by striking thrifty food plan and inserting low-cost food plan1 and 7#d7 in section #ai7;a77#b77;,a7 7#g ,u4,s4,c4 #bjbh7;a77#b77;,a77-- 7,a7 in clause 7i7 by striking and at the end1 7,b7 in clause 7ii7-- 7i7 by striking each fiscal year thereafter and inserting each of the fiscal years #bjjd through #bjbb1 and 7ii7 by striking the period at the end and inserting a semicolon1 and 7,c7 by adding at the end the following3 7iii7 for fiscal year #bjbb1 #b1fej1jjj1jjj2 and 7iv7 subject to the availability of appropriations under section #ah7;a71 for each fiscal year thereafter1 the amount determined under clause 7iii71 as adjusted by the percentage by which the low-cost food plan has been adjusted under section #c7n77#d7 between ,june #cj1 #bjba1 and ,june #cj of the immediately preceding fiscal year4 4 7b7 ,standard medical expense deduction ,section #e7;e77#e7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjad7;e77#e77 is amended-- 7#a7 in subparagraph 7,a7 by striking an excess medical and all that follows through the period at the end1 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 member1 exclusive of special diets41 and 7#b7 by adding at the end the following3 7,d7 ,the standard medical expense deduction shall be equal to #adj for fiscal year #bjbb1 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 #ab-month period ending the preceding ,june #cj in the ,consumer ,price ,index for ,all ,urban ,consumers3 ,medical ,care published by the ,bureau of ,labor ,statistics of the ,department of ,labor1 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 year4 4 7c7 ,elimination of cap of excess shelter expenses ,section #e7;e77#f7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjad7;e77#f77 is amended-- 7#a7 by striking subparagraph 7,b71 and 7#b7 by redesignating subparagraphs 7,c7 and 7,d7 as subparagraphs 7,b7 and 7,c71 respectively4 7d7 ,snap eligibility for full and part-,time students2 students' responsible for care of disabled members of households ,section #f of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjae7 is amended-- 7#a7 by striking subsection 7e72 and 7#b7 in subsection 7d77#b77;,c7 by striking 7except 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 7e7 of this section74 7e7 ,conforming amendments 7#a7 ,food and ,nutrition ,act of #bjjh ,the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq47 is amended-- 7,a7 in section #aj 7#g ,u4,s4,c4 #bjai7 by striking #c7o77#d7 and inserting #c7p77#d71 7,b7 in section #aa 7#g ,u4,s4,c4 #bjab7-- 7i7 in subsection 7a77#b7 by striking #c7s77#a7 and inserting #c7t77#a71 and 7ii7 in subsection 7d7-- 7,i7 by striking #c7s77#a7 each place it appears and inserting #c7t77#a71 and 7,,ii7 by striking #c7s77#b7 each place it appears and inserting #c7t77#b71 7,c7 in section #ai7;a77#b77;,a77ii7 7#g ,u4,s4,c4 7a77#b77;,a77ii77 by striking #c7u77#d7 and inserting #c7n77#d71 and 7,d7 in section #bg7;a77#b7 7#g ,u4,s4,c4 #bjcf7;a77#b77-- 7i7 in subparagraph 7,c7 by striking #c7u77#d7 and inserting #c7n77#d71 and 7ii7 in subparagraph 7,e7 by striking #c7u77#d7 and inserting #c7n77#d74 7#b7 ,low-,income ,home ,energy ,assistance ,act of #aiha ,section #bfje7;f77#b77;,a7 of the ,low-,income ,home ,energy ,assistance ,act of #aiha 7#db ,u4,s4,c4 #hfbd7;f77#b77;,a77 is amended-- 7,a7 by striking #e7;e77#f77;,c77iv77,i7 and inserting #e7;e77#f77;,b77iv77#a71 and 7,b7 by striking 7#g ,u4,s4,c4 #bjad7;e77#f77;,c77iv77,i77 and inserting 7#g ,u4,s4,c4 #bjad7;e77#f77;,b77iv77,i774 7f7 ,technical corrections ,the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq47 is amended-- 7#a7 in section #e7;a7 7#g ,u4,s4,c4 #bjad7;a77 by striking #c7n77#d7 each place it appears and inserting #c7m77#d71 7#b7 in section #h7;f77#a77;,a77i7 7#g ,u4,s4,c4 #bjag7;f77#a77;,a77i77 by striking #c7n77#e7 and inserting #c7m77#e71 and 7#c7 in section #ag7;b77#a77;,b77iv77,,iii77aa7 7#g ,u4,s4,c4 #bjaf7;b77#a77;,b77iv77,,iii77aa77 by striking #c7n7 and inserting #c7m74 #cjdjc4 ,effective date2 application of amendments 7a7 ,effective date ,except as provided in subsection 7b71 this section and the amendments made by this subtitle shall take effect on ,october #a1 #bjbb4 7b7 ,application of amendments ,the amendments made by subsections 7b71 7c71 and 7f77#b7 shall not apply with respect to certification periods that begin before ,october #a1 #bjbb4 ,e ,american ,opportunity ,accounts #cjeja4 ,short title ,this subtitle may be cited as the ,american ,opportunity ,accounts ,act4 ,i ,american opportunity accounts #cjeaa4 ,definitions ,for purposes of this subtitle-- 7#a7 ,american ,opportunity ,fund ,the term ,american ,opportunity ,fund means the fund established under section #cjeab4 7#b7 ,,ao account ,the term ,,ao account means an ,american opportunity account established under section #cjeac4 7#c7 ,secretary ,the term ,secretary means the ,secretary of the ,treasury or the ,secretary's delegate4 7#d7 ,american ,opportunity ,fund ,board ,the term ,american ,opportunity ,fund ,board means the board established pursuant to section #cjeaf4 7#e7 ,executive ,director ,the term ,executive ,director means the executive director appointed pursuant to section #cjeaf4 #cjeab4 ,american ,opportunity ,fund 7a7 ,establishment ,there is established in the ,treasury of the ,united ,states a fund to be known as the ,american ,opportunity ,fund4 7b7 ,amounts held by ,fund ,the ,american ,opportunity ,fund consists of the sum of all amounts paid into the ,fund under this title1 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 ,fund1 and reduced by the total amount of payments made from the ,fund 7including payments for administrative expenses74 7c7 ,use of ,fund 7#a7 ,in general ,the sums in the ,american ,opportunity ,fund are appropriated and shall remain available without fiscal year limitation-- 7,a7 to make contributions to ,,ao accounts2 7,b7 to invest under section #cjeae2 7,c7 to make distributions in accordance with this title2 7,d7 to pay the administrative expenses of carrying out this title2 and 7,e7 to purchase insurance as provided in section #cjeag7;c77#b74 7#b7 ,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 purpose4 7d7 ,transfers to ,american ,opportunity ,fund ,the ,secretary shall make transfers from the general fund of the ,treasury to the ,american ,opportunity ,fund as follows3 7#a7 ,initial contribution for eligible individuals born after ,december #ca1 #bjai ,upon receipt of a certification under section #ajc7;b77#b7 with respect to an individual born after ,december #ca1 #bjai1 the ,secretary shall transfer #a1jjj to the ,,ao account of the individual4 7#b7 ,annual contributions 7,a7 ,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 #ah1 the ,secretary shall transfer the annual contribution amount to the ,,ao account of the individual4 7,b7 ,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 decrease1 on a sliding scale in a linear manner1 from the initial amount to the final amount specified in such table for such income tier3 ,in the case of household income 7expressed as a percent of the poverty line7 within the following income tier3,the initial amount is--,the final amount is-- ,up to #ajj percent#b1jjjb1jjj #ajj percent up to #abe percent#b1jjja1ejj #abe percent up to #age percent#a1ejja1jjj #age percent up to #bbe percent#a1jjjejj #bbe percent up to #cbe percent#ejjbej #cbe percent up to #ejj percent#bejj #ejj percent or more#jj 7,c7 ,applicable household income2 poverty line ,for purposes of this paragraph-- 7i7 ,applicable household income ,the term applicable household income means household income 7as defined in section #cf;,b7d7 of the ,internal ,revenue ,code of #aihf71 except that-- 7,i7 with respect to any calendar year1 the ,secretary shall use the income of the most recent taxable year for which information is available2 and 7,,ii7 in determining household income the ,secretary shall aggregate the income of married individuals filing separate tax returns4 7ii7 ,poverty line ,the term poverty line has the meaning given such term under section #cf;,b7d7 of the ,internal ,revenue ,code of #aihf4 7,d7 ,authority to provide tax information 7i7 ,in general ,section #fajc7l7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new paragraph3 7#bc7 ,disclosure of return information to carry out eligibility requirements for certain programs 7,a7 ,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 #cjeab of the ,american ,opportunity ,accounts ,act4 ,such return information shall be limited to-- 7i7 taxpayer identity information with respect to such taxpayer1 7ii7 the filing status of such taxpayer1 7iii7 the number of individuals for whom a deduction is allowed under section #aea with respect to the taxpayer 7including the taxpayer and the taxpayer's spouse71 7iv7 the modified adjusted gross income 7as defined in section #cf;,b7 of such taxpayer1 of any spouse of such taxpayer who filed a separate return1 and of each of the other individuals included under clause 7iii7 who are required to file a return of tax imposed by chapter #a for the taxable year1 7v7 such other information as is prescribed by the ,secretary by regulation as might indicate whether the taxpayer is eligible for such an annual contribution 7and the amount thereof71 and 7vi7 the taxable year with respect to which the preceding information relates or1 if applicable1 the fact that such information is not available4 7,b7 ,restriction on use of disclosed information ,return information disclosed under subparagraph 7,a7 may be used by officers and employees of the ,department of ,treasury or the ,american ,opportunity ,fund ,board for the purposes of1 and to the extent necessary in establishing eligibility for1 and verifying the appropriate amount of1 any annual contribution described in subparagraph 7,a74 4 7ii7 ,procedures and recordkeeping related to disclosures ,paragraph 7#d7 of section #fajc7p7 of such ,code is amended by striking or 7#bb7 each place it appears and inserting 7#bb71 or 7#bc74 7,e7 ,study on incorporation of other wealth factors ,not later than #b years after the date of the enactment of this ,act1 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 wealth1 total assets1 and overall net worth4 ,such measure may-- 7i7 include financial assets1 the value of family home1 retirement accounts1 business and entrepreneurial ventures1 potential future inheritances1 and any other assets or debts2 and 7ii7 continue to factor in current or past income to the extent such information is useful in estimating overall household wealth4 7#c7 ,adjustment for inflation 7,a7 ,in general ,for each calendar year beginning after #bjba1 each of the dollar amounts under paragraphs 7#a7 and 7#b77;,b77i7 shall be increased by such dollar amount multiplied by the cost-of-living adjustment determined under section #a7;f77#c7 of the ,internal ,revenue ,code of #aihf determined by substituting calendar year #bjbj for calendar year #bjaf in subparagraph 7,a77ii7 thereof4 7,b7 ,rounding ,if any amount adjusted under paragraph 7#a7 is not a multiple of #ej1 such amount shall be rounded to the next lowest multiple of #ej4 7e7 ,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 system4 ,no amount from any tax on employment may be contributed to the ,american ,opportunity ,fund or ,,ao accounts4 #cjeac4 ,,ao accounts 7a7 ,in general 7#a7 ,establishment ,the ,executive ,director shall establish in the ,american ,opportunity ,fund an account 7to be known as an ,american ,opportunity account or an ,,ao account7 for each eligible individual certified under subsection 7b74 ,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 ,fund4 7#b7 ,account balance ,the balance in an account holder's ,,ao account at any time is the excess of-- 7,a7 the sum of-- 7i7 all deposits made into the ,american ,opportunity ,fund and credited to the account under paragraph 7#c72 and 7ii7 the total amount of allocations made to and reductions made in the account pursuant to paragraph 7#d72 over 7,b7 the amounts paid out of the account with respect to such individual under subsection 7c74 7#c7 ,crediting of contributions ,pursuant to regulations which shall be prescribed by the ,executive ,director1 the ,executive ,director shall credit to each ,,ao account the amounts paid into the ,american ,opportunity ,fund under section #cjeab7;d7 which are attributable to the account holder of such account4 7#d7 ,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 attributable1 on a pro rata basis1 to sums credited to such account1 reduced by an appropriate share of the administrative expenses paid out of the net earnings1 as determined by the ,executive ,director4 7b7 ,eligible individual ,for purposes of this title-- 7#a7 ,in general ,the term eligible individual means any individual who-- 7,a7 was born after ,december #ca1 #bjjc2 7,b7 has not yet attained the age of #ah years2 and 7,c7 has a valid1 unique1 ,federal ,government issued identification number recognized by the ,internal ,revenue ,service4 7#b7 ,certification of account holders 7,a7 ,automatic certification for certain individuals born after ,december #ca1 #bjai ,on any date after ,december #ca1 #bjai1 on which an eligible individual is issued a social security account number under section #cjijc7;c77#b7 of the ,social ,security ,act1 the ,commissioner of ,social ,security shall certify to the ,executive ,director and the ,secretary of the ,treasury the name of1 and social security number issued to1 such eligible individual4 7,b7 ,other individuals ,in the case of an eligible individual who is not certified under subparagraph 7,a71 such individual may request the establishment an ,,ao account under this subparagraph by application to the ,executive ,director1 and the ,executive ,director shall certify such individual under this subparagraph4 7c7 ,restrictions on distributions 7#a7 ,age-related restrictions 7,a7 ,in general ,except as otherwise provided in this paragraph1 no amount may be distributed from an ,,ao account before the date on which the account holder attains the age of #ah4 7,b7 ,higher education expenses ,subparagraph 7,a7 shall not apply to amounts paid for qualified tuition and related expenses 7as defined in section #be;,a7f77#a7 of the ,internal ,revenue ,code of #aihf7 of the account holder if the account holder is an eligible student 7as defined in section #be;,a7b77#c7 of such ,code7 with respect to such expenses4 7,c7 ,authority to provide higher age limit for certain distributions ,the ,secretary1 in consultation with the ,american ,opportunity ,fund ,advisory ,board1 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 appropriate4 7#b7 ,use-related restrictions 7,a7 ,in general ,no amount may be distributed from an ,,ao account unless the account holder establishes1 under rules established by the ,executive ,director in consultation with the ,american ,opportunity ,fund ,advisory ,board1 that such amount shall be used for a qualified expense4 7,b7 ,qualified expense ,for purposes of this subsection-- 7i7 ,in general ,the term qualified expense means expenses for any of the following3 7,i7 ,education of the account holder4 7,,ii7 ,ownership of a home by the account holder4 7,,iii7 ,any expenses paid or incurred on or after the date on which the account holder attains age #ei4 7,,iv7 ,any other investment in financial assets or personal capital that provides long-term gains to wages and wealth1 as established under regulations promulgated by the ,secretary1 in consultation with the ,executive ,director and the ,american ,opportunity ,fund ,advisory ,board4 7ii7 ,exception ,such term shall not include any expense described in clause 7i7 which is paid to a person who does not meet such standards as are prescribed by the ,secretary1 in consultation with the ,executive ,director and the ,american ,opportunity ,fund ,advisory ,board4 7#c7 ,american ,opportunity ,account ,advisory ,board ,for purposes of this subsection1 the term ,american ,opportunity ,fund ,advisory ,board means an advisory board established by the ,secretary consisting of individuals with expertise in savings and asset-building1 home financing1 education financing1 consumer financial protection1 and such other areas as the ,secretary may determine appropriate4 #cjead4 ,assignment1 alienation1 and treatment of deceased individuals 7a7 ,assignment and alienation ,under regulations which shall be prescribed by the ,executive ,director1 rules relating to assignment and alienation applicable under chapter #hd of title #e1 ,united ,states ,code1 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 ,fund4 7b7 ,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 zero1 upon receipt of notification of such individual's death1 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 or1 if there is no such account of a surviving spouse1 to the duly appointed legal representative of the estate of the deceased account holder1 or if there is no such representative1 to the person or persons determined to be entitled thereto under the laws of the domicile of the deceased account holder4 #cjeae4 ,rules governing ,,ao accounts relating to investment1 accounting1 and reporting 7a7 ,investment program ,the ,secretary shall establish1 and the ,american ,opportunity ,fund ,board shall invest in debt obligations of the ,united ,states ,government with a term of #cj years4 7b7 ,independent public accountant 7#a7 ,in general ,under regulations which shall be prescribed by the ,executive ,director1 and subject to the provisions of this title1 section #hdci7;b7 of title #e1 ,united ,states ,code 7relating to engagement of independent qualified public accountant71 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 ,fund4 7#b7 ,application rules ,for purposes of paragraph 7#a71 references in such section #hdci7;b7 to an employee1 ,member1 former employee1 or former ,member shall be deemed references to an account holder of an ,,ao account in the ,american ,opportunity ,fund4 7c7 ,confidentiality and disclosure 7#a7 ,in general ,except as otherwise authorized by ,federal law1 the ,american ,opportunity ,fund ,board1 the ,executive ,director1 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 ,fund4 7#b7 ,disclosure to designee of beneficiary ,the ,executive ,director may1 subject to such requirements and conditions as he may prescribe by regulations1 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 disclosure1 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 person4 #cjeaf4 ,american ,opportunity ,fund ,board 7a7 ,in general ,there is established in the executive branch of the ,government an ,american ,opportunity ,fund ,board4 7b7 ,composition1 duties1 and responsibilities ,subject to the provisions of this title1 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 ,board3 7#a7 ,section #hdgb of title #e1 ,united ,states ,code 7relating to composition of ,federal ,retirement ,thrift ,investment ,board74 7#b7 ,section #hdgd of such title 7relating to ,executive ,director74 7#c7 ,section #hdgf of such title 7relating to administrative provisions74 #cjeag4 ,fiduciary responsibilities 7a7 ,in general ,under regulations of the ,secretary of ,labor1 the provisions of sections #hdgg and #hdgh of title #e1 ,united ,states ,code1 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 ,fund4 7b7 ,investigative authority ,any authority available to the ,secretary of ,labor under section #ejd of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #aacd7 is hereby made available to the ,secretary of ,labor1 and any officer designated by the ,secretary of ,labor1 to determine whether any person has violated1 or is about to violate1 any provision applicable under subsection 7a74 7c7 ,exculpatory provisions2 insurance 7#a7 ,in general ,any provision in an agreement or instrument which purports to relieve a fiduciary from responsibility or liability for any responsibility1 obligation1 or duty under this title shall be void4 7#b7 ,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 therein1 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 obligation4 #cjeah4 ,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 for1 or amount of1 any benefit or service1 paid for in whole or in part with ,federal funds1 including student financial aid4 #cjeai4 ,reports 7a7 ,reports to ,congress ,the ,executive ,director1 in consultation with the ,secretary1 shall annually transmit a written report to the ,congress4 ,such report shall include-- 7#a7 a detailed description of the status and operation of the ,american ,opportunity ,fund and the management of the ,,ao accounts2 and 7#b7 a detailed accounting of the administrative expenses in carrying out this title1 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 accounts4 7b7 ,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 account1 which shall include-- 7#a7 a statement of the balance of individual's ,,ao account2 7#b7 a projection of the account's growth by the time the individual attains the age of #ah2 and 7#c7 such other information as the ,secretary deems relevant4 #cjebj4 ,programs for promoting financial capability ,the ,secretary of the ,treasury1 in coordination with the ,financial ,literacy and ,education ,commission1 shall develop programs to promote the financial capability of account holders of ,,ao accounts4 #cjeba4 ,tax treatment 7a7 ,contributions and distributions ,part ,,iii of subchapter ,b of chapter #a of the ,internal ,revenue ,code of #aihf is amended by inserting after section #aci;,g the following new section3 #aci;,h4 ,contributions to and distributions from ,,ao accounts ,gross income shall not include-- 7#a7 any contribution credited to the ,,ao account of the taxpayer under section #cjeac7;a77#c7 of the ,american ,opportunity ,accounts ,act1 and 7#b7 any distribution from such an ,,ao account4 4 7b7 ,tax treatment of earnings and distributions ,subchapter ,f of chapter #a of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new part3 ,,ix ,american ,opportunity ,fund and ,,ao accounts ,sec4 #ecj;,a4 ,american ,opportunity ,fund and ,,ao accounts4 #ecj;,a4 ,american ,opportunity ,fund and ,,ao accounts 7a7 ,general rule ,the ,american ,opportunity ,fund and ,,ao accounts shall be exempt from taxation under this subtitle4 ,notwithstanding the preceding sentence1 a ,,ao account shall be subject to the taxes imposed by section #eaa 7relating to imposition of tax on unrelated business income of charitable organizations74 7b7 ,definitions ,for purposes of this section1 the terms ,american ,opportunity ,fund and ,,ao account have the meanings given such terms under part ,i of the ,american ,opportunity ,accounts ,act4 4 7c7 ,conforming amendments 7#a7 ,the table of sections for part ,,iii of subchapter ,b of chapter #a of the ,internal ,revenue ,code of #aihf is amended by inserting after the item related to section #aci;,g the following new item3 ,sec4 #aci;,h4 ,contributions to and distributions from ,,ao accounts4 4 7#b7 ,the table of parts for subchapter ,f of chapter #a of such ,code is amended by adding at the end the following new item3 ,part ,,ix--,american ,opportunity ,fund and ,,ao accounts 4 7d7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjbj4 ,,ii ,revenue provisions ,a ,estate and gift tax provisions #cjeca4 ,modification of estate tax rate and basic exclusion amount 7a7 ,permanent extension of maximum estate tax rate and basic exclusion amount as in effect in #bjji 7#a7 ,maximum estate tax rate ,the last row of the table contained in subsection 7c7 of section #bjja of the ,internal ,revenue ,code of #aihf is amended by striking #dj percent and inserting #de percent4 7#b7 ,basic exclusion amount ,paragraph 7#c7 of section #bjaj7;c7 of the ,internal ,revenue ,code of #aihf is amended to read as follows3 7#c7 ,basic exclusion amount ,for purposes of this subsection1 the basic exclusion amount is #c1ejj1jjj4 4 7b7 ,additional taxes for estates over #aj1jjj1jjj ,the table contained in section #bjja7;c71 as amended by subsection 7a71 is amended-- 7#a7 by inserting but not over #aj1jjj1jjj after ,over #a1jjj1jjj in the last row2 and 7#b7 by adding at the end the following3 ,over #aj1jjj1jjj but not over #ej1jjj1jjjd1cie1hjj1 plus #ee percent of the excess of such amount over #aj1jjj1jjj4 ,over #ej1jjj1jjjbf1cie1hjj1 plus #fe percent of the excess of such amount over #ej1jjj1jjj4 4 7c7 ,effective date ,the amendments made by this section shall apply to estates of decedents dying and gifts made after ,december #ca1 #bjai4 #cjecb4 ,required minimum #aj-year term1 etc41 for grantor retained annuity trusts 7a7 ,in general ,subsection 7b7 of section #bgjb is amended-- 7#a7 by redesignating paragraphs 7#a71 7#b71 and 7#c7 as subparagraphs 7,a71 7,b71 and 7,c71 respectively1 and by moving such subparagraphs 7as so redesignated7 #b ems to the right2 7#b7 by striking ,for purposes of and inserting the following3 7#a7 ,in general ,for purposes of 2 7#c7 by striking paragraph 7#a7 or 7#b7 in paragraph 7#a77;,c7 7as so redesignated7 and inserting subparagraph 7,a7 or 7,b72 and 7#d7 by adding at the end the following new paragraph3 7#b7 ,additional requirements with respect to grantor retained annuities ,for purposes of subsection 7a71 in the case of an interest described in paragraph 7#a77;,a7 7determined without regard to this paragraph7 which is retained by the transferor1 such interest shall be treated as described in such paragraph only if-- 7,a7 the right to receive the fixed amounts referred to in such paragraph is for a term of not less than #aj years and not more than the life expectancy of the annuitant plus #aj years1 7,b7 such fixed amounts1 when determined on an annual basis1 do not decrease during the term described in subparagraph 7,a71 and 7,c7 the remainder interest has a value1 as determined as of the time of the transfer1 which is-- 7i7 not less than an amount equal to the greater of-- 7,i7 #be percent of the fair market value of the property in the trust1 or 7,,ii7 #ejj1jjj1 and 7ii7 not greater than the fair market value of the property in the trust4 4 7b7 ,effective date ,the amendments made by this section shall apply to transfers made after the date of the enactment of this ,act4 #cjecc4 ,certain transfer tax rules applicable to grantor trusts 7a7 ,in general ,subtitle ,b is amended by adding at the end the following new chapter3 #af ,special rules for grantor trusts ,sec4 #bija4 ,application of transfer taxes4 #bija4 ,application of transfer taxes 7a7 ,in general ,in the case of any portion of a trust to which this section applies-- 7#a7 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 owner1 7#b7 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 #ab1 and 7#c7 if at any time during the life of the deemed owner of such portion1 such owner ceases to be treated as the owner of such portion under subpart ,e of part #a of subchapter ,j of chapter #a1 all assets attributable to such portion at such time shall be treated for purposes of chapter #ab as a transfer by gift made by the deemed owner4 7b7 ,portion of trust to which section applies ,this section shall apply to-- 7#a7 the portion of a trust with respect to which the grantor is the deemed owner1 and 7#b7 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 #a of subchapter ,j of chapter #a1 and such deemed owner engages in a sale1 exchange1 or comparable transaction with the trust that is disregarded for purposes of subtitle ,a4 ,for purposes of paragraph 7#b71 the portion of the trust described with respect to a transaction is the portion of the trust attributable to the property received by the trust in such transaction1 including all retained income therefrom1 appreciation thereon1 and reinvestments thereof1 net of the amount of consideration received by the deemed owner in such transaction4 7c7 ,exceptions ,this section shall not apply to-- 7#a7 any trust that is includible in the gross estate of the deemed owner 7without regard to subsection 7a77#a771 and 7#b7 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 taxes4 7d7 ,deemed owner defined ,for purposes of this section1 the term deemed owner means any person who is treated as the owner of a portion of a trust under subpart ,e of part #a of subchapter ,j of chapter #a4 7e7 ,reduction for taxable gifts to trust made by owner ,the amount to which subsection 7a7 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 #ab4 7f7 ,liability for payment of tax ,any tax imposed pursuant to subsection 7a7 shall be a liability of the trust4 4 7b7 ,clerical amendment ,the table of chapters for subtitle ,b is amended by adding at the end the following new item3 ,chapter #af4 ,special rules for grantor trusts 4 7c7 ,effective date ,the amendments made by this section shall apply-- 7#a7 to trusts created on or after the date of the enactment of this ,act2 7#b7 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 date2 and 7#c7 to any portion of a trust established before the date of the enactment of this ,act to which section #bija7;a7 of the ,internal ,revenue ,code of #aihf 7as added by subsection 7a77 applies by reason of a transaction described in section #bija7;b77#b7 of such ,code on or after such date4 #cjecd4 ,simplifying gift tax exclusion for annual gifts 7a7 ,in general ,section #bejc of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 by striking paragraph 7#a7 of subsection 7b7 and inserting the following3 7#a7 ,in general 7,a7 ,limit per donee ,in the case of gifts made to any person by the donor during the calendar year1 the first #aj1jjj of such gifts to such person shall not1 for purposes of subsection 7a71 be included in the total amount of gifts made during such year4 7,b7 ,cumulative limit per donor 7i7 ,in general ,the aggregate amount excluded under subparagraph 7,a7 with respect to all transfers described in clause 7ii7 made by the donor during the calendar year shall not exceed #ej1jjj4 7ii7 ,transfers subject to limitation ,the transfers described in this clause are-- 7,i7 a transfer in trust 7with the exception of any transfer to a trust described in section #bfdb7;c77#b771 7,,ii7 a transfer of an interest in a passthrough entity1 7,,iii7 a transfer of an interest subject to a prohibition on sale1 and 7,,iv7 any other transfer of property that1 without regard to withdrawal1 put1 or other such rights in the donee1 cannot immediately be liquidated by the donee4 1 and 7#b7 by striking subsection 7c74 7b7 ,conforming amendments 7#a7 ,subparagraph 7,b7 of section #ebi7;c77#b7 of the ,internal ,revenue ,code of #aihf is amended by striking section #bejc7;b7 and inserting 8section #bejc7;b77#a77;,a74 7#b7 ,clause 7i7 of section #ebi;,a7b77#b77;,b7 of such ,code is amended by striking section #bejc7;b7 and inserting section #bejc7;b77#a77;,a74 7#c7 ,paragraph 7#b7 of section #bebc7;i7 of such ,code is amended by striking section #bejc7;b7 and inserting section #bejc7;b77#a77;,a74 7#d7 ,subsection 7c7 of such ,code of section #bhja is amended by striking #bejc7;b7 and inserting #bejc7;b77#a77;,a74 7c7 ,regulations ,the ,secretary of the ,treasury1 or the ,secretary of the ,treasury's delegate1 may prescribe such regulations or other guidance as may be necessary or appropriate to carry out the amendments made by this section4 7d7 ,effective date ,the amendments made by this section shall apply to any calendar year beginning after the date of the enactment of this ,act4 #cjece4 ,modification of rules for value of certain farm real property 7a7 ,increase in limitation 7#a7 ,in general ,paragraph 7#b7 of section #bjcb;,a7a7 of the ,internal ,revenue ,code of #aihf is amended by striking #gej1jjj and inserting #c1jjj1jjj4 7#b7 ,inflation adjustment ,paragraph 7#c7 of section #bjcb;,a7a7 of such ,code is amended-- 7,a7 by striking #aiih and inserting #bjbj2 7,b7 by striking #gej1jjj and inserting #c1jjj1jjj in subparagraph 7,a72 and 7,c7 by striking calendar year #aiig and inserting calendar year #bjbj in subparagraph 7,b74 7b7 ,qualified use limited to farming purposes 7#a7 ,in general ,section #bjcb;,a7b77#b7 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 purposes44 7#b7 ,conforming amendments 7,a7 ,subsections 7c77#f77;,a71 7h77#c71 and 7i77#c7 of section #bjcb;,a of the such ,code are each amended by striking subparagraph 7,a7 or 7,b7 of4 7,b7 ,the heading of section #bjcb;,a of such ,code 7and the item relating to section #bjcb;,a in the table of sections for part ,,iii of subchapter ,a of chapter #aa of such ,code7 is amended by striking 1 etc414 7c7 ,effective date ,the amendments made by this section shall apply to estates of decedents dying1 and gifts made1 after ,december #ca1 #bjai4 ,b ,reform of taxation of capital income #cjeda4 ,increase in capital gains rate 7a7 ,in general ,section #a7;h77#a77;,d7 of the ,internal ,revenue ,code of #aihf is amended by striking #bj percent and inserting #bd4b percent4 7b7 ,minimum tax ,section #ee7;b77#c77;,d7 of the ,internal ,revenue ,code of #aihf is amended by striking #bj percent and inserting #bd4b percent4 7c7 ,conforming amendments ,the following provisions are each amended by striking #bj percent and inserting #bj4d percent3 7#a7 ,section #eca of the ,internal ,revenue ,code of #aihf4 7#b7 ,section #eda of the ,internal ,revenue ,code of #aihf4 7#c7 ,section #adde7;e77#a7 of the ,internal ,revenue ,code of #aihf4 7#d7 ,section #adde7;e77#f7 of the ,internal ,revenue ,code of #aihf4 7#e7 ,the second sentence of section #geah7;g77#f77;,a7 of the ,internal ,revenue ,code of #aihf4 7#f7 ,section #eceaa7;f77#b7 of title #df1 ,united ,states ,code4 7d7 ,effective dates 7#a7 ,in general ,except as otherwise provided1 the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjai4 7#b7 ,withholding ,the amendments made by paragraphs 7#c7 and 7#d7 of subsection 7c7 shall apply to amounts paid on or after ,january #a1 #bjai4 #cjedb4 ,deemed realization of capital gains at time of gift or death 7a7 ,treatment as sale 7#a7 ,in general ,part ,,iv of subchapter ,p of chapter #a of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new section3 #abfa4 ,gains from certain property transferred by gift or upon death 7a7 ,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 gift1 death1 or transfer4 7b7 ,exceptions 7#a7 ,tangible property ,this section shall not apply to any tangible personal property other than a collectible 7as defined in section #djh7m7 without regard to paragraph 7#c7 thereof74 7#b7 ,spousal exception ,this section shall not apply to any transfer if such transfer is made to the spouse or surviving spouse of the transferor4 7#c7 ,gifts to charity ,this section shall not apply to any transfer if such transfer is made to an organization described in section #agj7;c74 4 7#b7 ,clerical amendment ,the table of sections for part ,,iv of subchapter ,p of chapter #a of such ,code is amended by adding at the end the following new item3 ,sec4 #abfa4 ,gains from certain property transferred by gift or upon death4 4 7b7 ,treatment of basis for gifts and bequests to which tax applies 7#a7 ,elimination of carryover basis for gifts ,subsection 7a7 section #ajae of the ,internal ,revenue ,code of #aihf is amended-- 7,a7 by striking ,if the property and inserting the following3 7#a7 ,gifts before ,january #a1 #bjbj ,if the property 2 7,b7 by inserting and before ,january #a1 #bjbj after after ,december #ca1 #aibj2 and 7,c7 by adding at the end the following new paragraph3 7#b7 ,gifts after ,december #ca1 #bjai 7,a7 ,in general ,if the property was acquired by gift after ,december #ca1 #bjai1 the basis shall be the fair market value of such property at the time of the gift4 7,b7 ,special rules for charitable organizations ,in the case of any property acquired by an organization described in section #agj7;c7 by gift1 subparagraph 7,a7 shall not apply and paragraph 7#a7 shall be applied without regard to the phrase and before ,january #a1 #bjbb4 4 7#b7 ,property acquired from decedent spouses ,section #ajad of such ,code is amended by adding at the end the following new subsection3 7g7 ,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 #ajda7;a77#a71 the basis of such property in the hands of the transferee shall be determined under section #ajda7;b7 and not this section4 4 7#c7 ,rule for transfers between spouses 7,a7 ,in general ,section #ajda7;b7 of the ,internal ,revenue ,code of #aihf is amended to read as follows3 7b7 ,transferee has transferor's basis ,in the case of any transfer of property described in subsection 7a71 the basis of the transferee in the property shall be the adjusted basis of the transferor4 4 7,b7 ,conforming amendment ,section #ajae7;e7 of such ,code is amended by striking #ajda7;b77#b7 and inserting #ajda7;b74 #cjedc4 ,exclusion of certain amounts of realized capital gain 7a7 ,in general ,part ,,iii of subchapter ,b of chapter #a of the ,internal ,revenue ,code of #aihf1 as amended by section #cjeba1 is amended by inserting after section #aci;,h the following new section3 #aci;,i4 ,exclusion gain from transfers of appreciated assets by gift or at death 7a7 ,in general ,gross income shall not include so much of the aggregate gain from transfers at death described in #abfa7;a7 of any capital asset as does not exceed #ajj1jjj4 7b7 ,special rules for real property used for farming 7#a7 ,in general 7,a7 ,application of section ,in the case of qualified real property-- 7i7 subsection 7a7 shall be applied separately to such qualified real property and other property1 and 7ii7 in applying subsection 7a7 to such qualified real property1 the applicable amount shall be substituted for #ajj1jjj4 7,b7 ,applicable amount ,for purposes of subparagraph 7,a71 the applicable amount is an amount equal to the sum of-- 7i7 #a1jjj1jjj1 plus 7ii7 the excess 7not less than zero7 of the amount in effect under subsection 7a7 over the aggregate amount of gain from transfers at death described in section #abfa7;a7 of capital assets other than qualified real property4 7#b7 ,imposition of additional tax 7,a7 ,in general ,the ,secretary shall1 by regulations1 provide for recapturing the benefit under any exclusion allowable under paragraph 7#a7 with respect to any qualified real property if1 within #aj years after the decedent's death and before the death of the qualified heir-- 7i7 the qualified heir disposes of any interest in qualified real property 7other than by a disposition to a member of his family71 or 7ii7 the qualified heir ceases to use for the qualified use the qualified real property which was acquired 7or passed7 from the decedent4 7,b7 ,liability ,the benefit recaptured under subparagraph 7,a7 shall be recaptured from the qualified heir4 7#c7 ,definitions ,any term used in this subsection which is also used in section #bjcb;,a shall have the meaning given such term under section #bjcb;,a4 7c7 ,inflation adjustment 7#a7 ,in general ,in the case of any taxable year beginning after #bjbj1 the #ajj1jjj amount in subsection 7a7 and the #a1jjj1jjj in subsection 7b77#a77;,b77i7 shall each be increased by an amount equal to-- 7,a7 such dollar amount1 multiplied by 7,b7 the cost-of-living adjustment determined under section #a7;f77#c7 for the calendar year in which the taxable year begins1 determined by substituting in subparagraph 7,a77ii7 thereof calendar year #bjai for calendar year #bjaf4 7#b7 ,rounding 7,a7 ,in general ,if the dollar amount in subsection 7a71 after being increased under paragraph 7#a71 is not a multiple of #aj1jjj1 such dollar amount shall be rounded to the next lowest multiple of #aj1jjj4 7,b7 ,qualified real property ,if the dollar amount in subsection 7b77#a77;,b77i71 after being increased under paragraph 7#a71 is not a multiple of #ajj1jjj1 such amount shall be rounded to the next lowest multiple of #ajj1jjj4 4 7b7 ,clerical amendment ,the table of sections for part ,,iii of subchapter ,b of chapter #a of such ,code is amended by inserting after section #aci;,h the following new item3 ,sec4 #aci;,i4 ,exclusion gain from transfers of appreciated assets by gift or at death4 4 7c7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjai4 #cjedd4 ,extension of time for payment of tax 7a7 ,extension of time 7#a7 ,in general ,subpart ,b of chapter #fb of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new section3 #fafh4 ,extension of time for payment of capital gains on certain assets realized by reason of death 7a7 #ae-,year installment payment 7#a7 ,in general ,in the case of any gain with respect to an eligible capital asset that is recognized under section #abfa by reason of the death of the taxpayer1 the taxpayer may elect to pay part or all of tax imposed on such gain in #b or more 7but not exceeding #ae7 equal installments4 7#b7 ,date for payment of installments ,if an election is made under paragraph 7#a71 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 7#a7 occurs is due1 and each succeeding installment shall be paid on or before the date which is #a year after the date prescribed by this paragraph for payment of the preceding installment4 7b7 ,eligible capital asset ,for purposes of this section1 the term eligible capital asset means any capital asset other than personal property of a type which is actively traded 7within the meaning of section #ajib7;d77#a774 7c7 ,portion of tax eligible ,the amount of tax to which this section applies shall not exceed the excess of-- 7#a7 the tax computed under chapter #a 7determined after application of section #abfa71 over 7#b7 the tax computed under chapter #a 7determined without regard to section #abfa74 7d7 ,election ,any election under subsection 7a7 shall be made not later than the time prescribed by section #fjgb for filing the return of tax imposed under chapter #a 7including extensions thereof71 and shall be made in such manner as the ,secretary shall by regulations prescribe4 ,if an election under subsection 7a7 is made1 the provisions of this subtitle shall apply as though the ,secretary were extending the time for payment of the tax4 7e7 ,proration of deficiency to installments ,if an election is made under subsection 7a7 to pay any part of the tax imposed under chapter #a in installments and a deficiency has been assessed1 the deficiency shall 7subject to the limitation provided by subsection 7a77#b77 be prorated to the installments payable under subsection 7a74 ,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 as1 and as a part of1 such installment4 ,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 ,secretary4 ,this subsection shall not apply if the deficiency is due to negligence1 to intentional disregard of rules and regulations1 or to fraud with intent to evade tax4 7f7 ,time for payment of interest ,if the time for payment of any amount of tax has been extended under this section1 interest payable under section #ffja on any unpaid portion shall be paid annually at the same time as1 and as part of1 each installment payment of the tax4 7g7 ,regulations ,the ,secretary shall prescribe such regulations as may be necessary to the application of this section4 7h7 ,cross ,references 7#a7 ,security ,for authority of the ,secretary to require security in the case of an extension under this section1 see section #fafe4 7#b7 ,interest ,for provisions relating to interest on tax payable in installments under this section1 see subsection 7k7 of section #ffja4 4 7#b7 ,clerical amendment ,the table of sections for subpart ,b of chapter #fb is amended by adding at the end the following new item3 ,sec4 #fafh4 ,extension of time for payment of capital gains on certain assets realized by reason of death4 4 7b7 ,interest ,section #ffja of the ,internal ,revenue ,code of #aihf is amended by redesignating subsection 7k7 as subsection 7l7 and by inserting after subsection 7j7 the following new subsection3 7k7 ,special rate for tax extended under section #fafh ,if the time for payment of an amount of tax imposed by chapter #aa is extended as provided in section #fafh1 in lieu of the annual rate provided by subsection 7a71 interest shall be paid at a rate equal to #de percent of the annual rate provided by subsection 7a74 ,for purposes of this subsection1 the amount of any deficiency which is prorated to installments payable under section #fafh shall be treated as an amount of tax payable in installments under such section4 4 #cjede4 ,waiver of penalty for underpayment of estimated tax ,section #ffed7;e77#c7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new subparagraph3 7,c7 ,capital gains payable upon death ,no addition to tax shall be imposed under subsection 7a7 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 #abfa4 4 #cjedf4 ,effective date ,except as otherwise provided1 the amendments made by this subtitle shall apply to transfers after ,december #ca1 #bjai1 in taxable years beginning after such date4 ,f ,low-,income ,water ,customer ,assistance ,programs #cjfja4 ,short title ,this subtitle may be cited as the ,low-,income ,water ,customer ,assistance ,programs ,act of #bjbj4 #cjfjb4 ,low-income drinking water assistance pilot program ,part ,e of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j et seq47 is amended by adding at the end the following3 #adei;,e4 ,low-income drinking water assistance pilot program 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means a municipality or public entity that owns or operates a community water system4 7#b7 ,household ,the term household means any individual or group of individuals who are living together as #a economic unit4 7#c7 ,low-income household ,the term low-income household means a household-- 7,a7 in which #a or more individuals are receiving-- 7i7 assistance under a ,state program funded under part ,a of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fja et seq472 7ii7 supplemental security income payments under title ,,xvi of the ,social ,security ,act 7#db ,u4,s4,c4 #acha et seq472 7iii7 supplemental nutrition assistance program benefits under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq472 or 7iv7 payments under-- 7,i7 section #acae1 #aeba1 #aeda1 or #aedb of title #ch1 ,united ,states ,code2 or 7,,ii7 section #cjf of the ,veterans' and ,survivors' ,pension ,improvement ,act of #aigh 7#ch ,u4,s4,c4 #aeba note2 ,public ,law #ie-ehh72 or 7,b7 that has an income that1 as determined by the ,state in which the household is located1 does not exceed the greater of-- 7i7 an amount equal to #aej percent of the poverty level2 and 7ii7 an amount equal to #fj percent of the ,state median income for that ,state4 7#d7 ,poverty level ,the term poverty level means1 with respect to a household in a ,state1 the income poverty guidelines for the nonfarm population of the ,united ,states1 as prescribed by the ,office of ,management and ,budget1 as applicable to the ,state4 7#e7 ,small community-serving eligible entity ,the term small community-serving eligible entity means an eligible entity that provides drinking water services to a city1 county1 or municipality with a population of fewer than #aj1jjj residents1 at least #bj percent of whom are at or below the ,federal poverty level4 7#f7 ,state median income ,the term ,state median income has the meaning given the term in section #bfjc of ,public ,law #ig-ce 7#db ,u4,s4,c4 #hfbb74 7b7 ,establishment 7#a7 ,in general ,the ,administrator shall establish a pilot program to award grants to not fewer than #cb eligible entities in accordance with paragraph 7#b7 to develop and implement programs to assist low-income households in maintaining access to affordable drinking water4 7#b7 ,requirements 7,a7 ,in general ,the ,administrator shall award grants under the pilot program described in paragraph 7#a7 to-- 7i7 not fewer than #h eligible entities that provide drinking water services to a population of #a1jjj1jjj or more residents2 7ii7 not fewer than #h eligible entities that provide drinking water services to a population of #ajj1jjj or more1 but fewer than #a1jjj1jjj1 residents2 7iii7 not fewer than #h eligible entities that provide drinking water services to a population of #aj1jjj or more1 but fewer than #ajj1jjj1 residents2 7iv7 subject1 as applicable1 to subparagraph 7,b71 not fewer than #h eligible entities that provide drinking water services to a population of fewer than #aj1jjj residents2 and 7v7 not more than #b eligible entities in each ,state4 7,b7 ,small community-serving eligible entities ,to be eligible to receive a grant under the pilot program under this subsection1 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 located1 under which the ,state shall-- 7i7 submit to the ,administrator an application under paragraph 7#f7 on behalf of the small community-serving eligible entity2 and 7ii7 on receipt of a grant under the pilot program1 administer the low-income household assistance program developed by the small community-serving eligible entity4 7#c7 ,limitations 7,a7 ,use ,a grant awarded under the pilot program-- 7i7 shall not be used to replace funds for any existing similar program2 but 7ii7 may be used to supplement or enhance an existing program4 7,b7 ,grants under multiple programs ,an eligible entity-- 7i7 may apply for a grant under the pilot program and under the low-income wastewater assistance pilot program established under section #abd7;b77#a7 of the ,federal ,water ,pollution ,control ,act2 but 7ii7 may be awarded a grant under only #a of the programs described in clause 7i74 7#d7 ,term ,the term of a grant awarded under the pilot program shall be #e years4 7#e7 ,minimum program requirements 7,a7 ,in general ,not later than #b years after the date of enactment of this section1 the ,administrator shall develop1 in consultation with all relevant stakeholders1 the minimum requirements for a program carried out by an eligible entity 7or a ,state1 on behalf of a small community-serving eligible entity7 using a grant under this subsection4 7,b7 ,inclusions ,the program requirements developed under subparagraph 7,a7 may include-- 7i7 direct financial assistance2 7ii7 a lifeline rate2 7iii7 bill discounting2 7iv7 special hardship provisions2 7v7 a percentage-of-income payment plan2 or 7vi7 water efficiency assistance1 including direct installation of water efficient fixtures and leak repair1 which may be completed through a contracted third party4 7,c7 ,assistance exempt from taxation ,notwithstanding any other provision of law1 assistance provided to a low-income household under a program carried out by an eligible entity 7or a ,state1 on behalf of a small community-serving eligible entity7 using a grant under this subsection shall be exempt from income tax under the ,internal ,revenue ,code of #aihf4 7#f7 ,application ,to receive a grant under this subsection1 an eligible entity 7or a ,state1 on behalf of a small community-serving eligible entity7 shall submit to the ,administrator an application that demonstrates that-- 7,a7 the proposed program of the eligible entity or small community-serving eligible entity1 as applicable1 meets the requirements developed under paragraph 7#e77;,a72 7,b7 the proposed program of the eligible entity or small community-serving eligible entity1 as applicable1 will treat owners and renters equitably2 7,c7 the eligible entity or small community-serving eligible entity1 as applicable1 has1 to fund the activities necessary to achieve or maintain compliance with this ,act-- 7i7 a long-term financial plan based on a rate analysis2 7ii7 an asset management plan2 7iii7 a capital improvement plan with a period of not less than #bj years2 7iv7 a fiscal management plan2 or 7v7 another plan similar to the plans described in clauses 7i7 through 7iv72 7,d7 a grant awarded under this subsection would support the efforts of the eligible entity or the small community-serving entity1 as applicable1 to generate the necessary funds to achieve or maintain compliance with this title while mitigating the cost to low-income households2 and 7,e7 the eligible entity or the small community-serving entity1 as applicable1 has the capacity to create and implement an effective community outreach plan to inform eligible customers of the program and assist with enrollment4 7#g7 ,priority ,in awarding grants under this subsection1 the ,administrator shall give priority to eligible entities or small community-serving eligible entities1 as applicable-- 7,a7 that-- 7i7 in addition to owning or operating community water systems1 own or operate #a or more-- 7,i7 publicly owned treatment works 7as defined in section #bab of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abib772 7,,ii7 municipal wastewater treatment systems2 or 7,,iii7 municipal separate stormwater sewer systems2 and 7ii7 are subject to consent decrees relating to compliance with the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq47 for a facility described in clause 7i72 7,b7 the residential customers of which have experienced rate or fee increases for wastewater1 stormwater1 or drinking water services that is greater than or equal to #cj percent during the #c-year period ending on the date of enactment of this section2 or 7,c7 that-- 7i7 develop an equivalent program1 as determined by the ,administrator1 that is administered separately by the eligible entity or small community-serving eligible entity1 as applicable2 or 7ii7 provide matching funds equal to or greater than the amount of the grant from-- 7,i7 the applicable ,state or unit of local government2 or 7,,ii7 a ,state-sponsored nonprofit organization or private entity4 7#h7 ,lower income limit ,for purposes of this section1 an eligible entity 7or a ,state1 on behalf of a small community-serving eligible entity7 may adopt an income limit that is lower than the limit described in subsection 7a77#c77;,b71 except that the eligible entity or ,state1 respectively1 may not exclude a household from eligibility in a fiscal year based solely on household income if that income is less than #aaj percent of the poverty level4 7#i7 ,reporting requirements 7,a7 ,in general ,in addition to any other applicable ,federal or agency-specific grant reporting requirements1 as a condition of receiving a grant under this subsection1 an eligible entity 7or a ,state1 on behalf of a small community-serving eligible entity7 shall submit to the ,administrator an annual report that summarizes1 in a manner determined by the ,administrator1 the low-income household assistance program developed by the eligible entity or small community-serving eligible entity1 as applicable1 using the grant1 including-- 7i7 key features1 including rate structures1 rebates1 discounts1 and related initiatives that assist households1 including-- 7,i7 budget billing2 7,,ii7 bill timing2 and 7,,iii7 pretermination protections2 7ii7 sources of funding2 7iii7 eligibility criteria2 7iv7 participation rates by eligible households2 7v7 the monetary benefit per participant2 7vi7 program costs2 7vii7 the demonstrable impacts of the program on arrearage and service disconnection for residential customers1 based on data from before and after the implementation of the pilot program1 to the maximum extent practicable2 7viii7 the outreach and stakeholder process used by the eligible entity or small community-serving eligible entity1 as applicable1 to design the program1 including-- 7,i7 the selection process for any stakeholder committee members2 and 7,,ii7 the number and location of community outreach events2 7ix7 the methods used to enroll customers1 including the outreach plan and the status of implementation of that outreach plan2 and 7x7 other relevant information required by the ,administrator4 7,b7 ,publication ,the ,administrator shall publish each report submitted under subparagraph 7,a74 7c7 ,technical assistance ,the ,administrator shall provide technical assistance to each eligible entity1 and each ,state1 on behalf of a small community-serving eligible entity1 that receives a grant under this section to ensure-- 7#a7 full implementation of the pilot program2 and 7#b7 maximum enrollment of low-income households1 including through-- 7,a7 community outreach campaigns2 7,b7 coordination with local health departments to determine the eligibility of households for assistance2 or 7,c7 a combination of the campaigns and coordination described in subparagraphs 7,a7 and 7,b74 7d7 ,report ,not later than #b years after the date on which grant funds are first disbursed to an eligible entity 7or a ,state1 on behalf of a small community-serving eligible entity7 under this section1 and every year thereafter for the duration of the terms of the grants1 the ,administrator shall submit to ,congress a report on the results of the pilot program established under this section4 4 #cjfjc4 ,low-income wastewater assistance pilot program ,title ,i of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq47 is amended by adding at the end the following3 #abd4 ,low-income wastewater assistance pilot program 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 a municipality or public entity that owns or operates-- 7i7 a publicly owned treatment works2 7ii7 a municipal wastewater treatment system2 or 7iii7 a municipal separate stormwater sewer system2 and 7,b7 #b or more municipalities or public entities described in subparagraph 7,a7 that have entered into a partnership agreement or a cooperative agreement4 7#b7 ,household ,the term household means any individual or group of individuals who are living together as #a economic unit4 7#c7 ,low-income household ,the term low-income household means a household-- 7,a7 in which #a or more individuals are receiving-- 7i7 assistance under a ,state program funded under part ,a of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fja et seq472 7ii7 supplemental security income payments under title ,,xvi of the ,social ,security ,act 7#db ,u4,s4,c4 #acha et seq472 7iii7 supplemental nutrition assistance program benefits under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq472 or 7iv7 payments under-- 7,i7 section #acae1 #aeba1 #aeda1 or #aedb of title #ch1 ,united ,states ,code2 or 7,,ii7 section #cjf of the ,veterans' and ,survivors' ,pension ,improvement ,act of #aigh 7#ch ,u4,s4,c4 #aeba note2 ,public ,law #ie-ehh72 or 7,b7 that has an income that1 as determined by the ,state in which the household is located1 does not exceed the greater of-- 7i7 an amount equal to #aej percent of the poverty level2 and 7ii7 an amount equal to #fj percent of the ,state median income for that ,state4 7#d7 ,poverty level ,the term poverty level means1 with respect to a household in a ,state1 the income poverty guidelines for the nonfarm population of the ,united ,states1 as prescribed by the ,office of ,management and ,budget1 as applicable to the ,state4 7#e7 ,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 city1 county1 or municipality with a population of fewer than #aj1jjj residents1 at least #bj percent of whom are at or below the ,federal poverty level4 7#f7 ,state median income ,the term ,state median income has the meaning given the term in section #bfjc of ,public ,law #ig-ce 7#db ,u4,s4,c4 #hfbb74 7b7 ,establishment 7#a7 ,in general ,the ,administrator shall establish a pilot program to award grants to not fewer than #cb eligible entities in accordance with paragraph 7#b7 to develop and implement programs to assist low-income households in maintaining access to affordable wastewater or municipal stormwater services4 7#b7 ,requirements 7,a7 ,in general ,the ,administrator shall award grants under the pilot program described in paragraph 7#a7 to-- 7i7 not fewer than #h eligible entities that provide wastewater services1 stormwater services1 or both to a population of #a1jjj1jjj or more residents2 7ii7 not fewer than #h eligible entities that provide wastewater services1 stormwater services1 or both to a population of #ajj1jjj or more1 but fewer than #a1jjj1jjj1 residents2 7iii7 not fewer than #h eligible entities that provide wastewater services1 stormwater services1 or both to a population of #aj1jjj or more1 but fewer than #ajj1jjj1 residents2 7iv7 subject1 as applicable1 to subparagraph 7,b71 not fewer than #h eligible entities that provide wastewater services1 stormwater services1 or both to a population of fewer than #aj1jjj residents2 and 7v7 not more than #b eligible entities in each ,state4 7,b7 ,small community-serving eligible entities ,to be eligible to receive a grant under the pilot program under this subsection1 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 located1 under which the ,state shall-- 7i7 submit to the ,administrator an application under paragraph 7#f7 on behalf of the small community-serving eligible entity2 and 7ii7 on receipt of a grant under the pilot program1 administer the low-income household assistance program developed by the small community-serving eligible entity4 7#c7 ,limitations 7,a7 ,use ,a grant awarded under the pilot program-- 7i7 shall not be used to replace funds for any existing similar program2 but 7ii7 may be used to supplement or enhance an existing program4 7,b7 ,grants under multiple programs ,an eligible entity-- 7i7 may apply for a grant under the pilot program and under the low-income drinking water assistance pilot program established under section #adei;,e7b77#a7 of the ,safe ,drinking ,water ,act2 but 7ii7 may be awarded a grant under only #a of the programs described in clause 7i74 7#d7 ,term ,the term of a grant awarded under the pilot program shall be #e years4 7#e7 ,minimum program requirements 7,a7 ,in general ,not later than #b years after the date of enactment of this section1 the ,administrator shall develop1 in consultation with all relevant stakeholders1 the minimum requirements for a program to be carried out by an eligible entity 7or a ,state1 on behalf of a small community-serving eligible entity7 using a grant under this subsection4 7,b7 ,inclusions ,the program requirements developed under subparagraph 7,a7 may include-- 7i7 direct financial assistance2 7ii7 a lifeline rate2 7iii7 bill discounting2 7iv7 special hardship provisions2 7v7 a percentage-of-income payment plan2 or 7vi7 water efficiency assistance1 including direct installation of water efficient fixtures and leak repair1 which may be completed through a contracted third party4 7,c7 ,assistance exempt from taxation ,notwithstanding any other provision of law1 assistance provided to a low-income household under a program carried out by an eligible entity 7or a ,state1 on behalf of a small community-serving eligible entity7 using a grant under this subsection shall be exempt from income tax under the ,internal ,revenue ,code of #aihf4 7#f7 ,application ,to receive a grant under this subsection1 an eligible entity 7or a ,state1 on behalf of a small community-serving eligible entity7 shall submit to the ,administrator an application that demonstrates that-- 7,a7 the proposed program of the eligible entity or small community-serving eligible entity1 as applicable1 meets the requirements developed under paragraph 7#e77;,a72 7,b7 the proposed program of the eligible entity or small community-serving eligible entity1 as applicable1 will treat owners and renters equitably2 7,c7 the eligible entity or small community-serving eligible entity1 as applicable1 has1 to fund the activities necessary to achieve or maintain compliance with this ,act-- 7i7 a long-term financial plan based on a rate analysis2 7ii7 an asset management plan2 7iii7 a capital improvement plan with a period of not less than #bj years2 7iv7 a fiscal management plan2 or 7v7 another plan similar to the plans described in clauses 7i7 through 7iv72 7,d7 a grant awarded under this subsection would support the efforts of the eligible entity or the small community-serving entity1 as applicable1 to generate the necessary funds to achieve or maintain compliance with this title while mitigating the cost to low-income households2 and 7,e7 the eligible entity or the small community-serving entity1 as applicable1 has the capacity to create and implement an effective community outreach plan to inform eligible customers of the program and assist with enrollment4 7#g7 ,priority ,in awarding grants under this subsection1 the ,administrator shall give priority to eligible entities or small community-serving eligible entities1 as applicable-- 7,a7 that are affected by consent decrees relating to compliance with this ,act2 7,b7 the residential customers of the eligible entity or small community-serving eligible entity1 as applicable1 have experienced a rate or fee increase for wastewater1 stormwater1 or drinking water services that is greater than or equal to #cj percent during the #c-year period ending on the date of enactment of this section2 7,c7 that-- 7i7 develop an equivalent program1 as determined by the ,administrator1 that is administered separately by the eligible entity or small community-serving eligible entity1 as applicable2 or 7ii7 provide matching funds equal to or greater than the amount of the grant from-- 7,i7 the applicable ,state or unit of local government2 or 7,,ii7 a ,state-sponsored nonprofit organization or private entity2 or 7,d7 that are described in subsection 7a77#a77;,b74 7#h7 ,lower income limit ,for purposes of this section1 an eligible entity 7or a ,state1 on behalf of a small community-serving eligible entity7 may adopt an income limit that is lower than the limit described in subsection 7a77#c77;,b71 except that the eligible entity or ,state1 respectively1 may not exclude a household from eligibility in a fiscal year based solely on household income if that income is less than #aaj percent of the poverty level4 7#i7 ,reporting requirements 7,a7 ,in general ,in addition to any other applicable ,federal or agency-specific grant reporting requirements1 as a condition of receiving a grant under this subsection1 an eligible entity 7or a ,state1 on behalf of a small community-serving eligible entity7 shall submit to the ,administrator an annual report that summarizes1 in a manner determined by the ,administrator1 the low-income household assistance program developed by the eligible entity or small community-serving eligible entity1 as applicable1 using the grant amount1 including-- 7i7 key features1 including rate structures1 rebates1 discounts1 and related initiatives that assist households1 including-- 7,i7 budget billing2 7,,ii7 bill timing2 and 7,,iii7 pretermination protections2 7ii7 sources of funding2 7iii7 eligibility criteria2 7iv7 participation rates by eligible households2 7v7 the monetary benefit per participant2 7vi7 program costs2 7vii7 the demonstrable impacts of the program on arrearage and service disconnection for residential customers1 based on data from before and after the implementation of the pilot program1 to the maximum extent practicable2 7viii7 the outreach and stakeholder process used by the eligible entity or small community-serving eligible entity1 as applicable1 to design the program1 including-- 7,i7 the selection process for any stakeholder committee members2 and 7,,ii7 the number and location of community outreach events2 7ix7 the methods used to enroll customers1 including the outreach plan and the status of implementation of that outreach plan2 and 7x7 other relevant information required by the ,administrator4 7,b7 ,publication ,the ,administrator shall publish each report submitted under subparagraph 7,a74 7c7 ,technical assistance ,the ,administrator shall provide technical assistance to each eligible entity1 and each ,state1 on behalf of a small community-serving eligible entity1 that receives a grant under this section to ensure-- 7#a7 full implementation of the pilot program2 and 7#b7 maximum enrollment of low-income households1 including through-- 7,a7 community outreach campaigns2 7,b7 coordination with local health departments to determine the eligibility of households for assistance2 or 7,c7 a combination of the campaigns and coordination described in subparagraphs 7,a7 and 7,b74 7d7 ,report ,not later than #b years after the date on which grant funds are first disbursed to an eligible entity 7or a ,state1 on behalf of a small community-serving eligible entity7 under this section1 and every year thereafter for the duration of the terms of the grants1 the ,administrator shall submit to ,congress a report on the results of the pilot program established under this section4 4 #cjfjd4 ,needs assessment for nationwide rural and urban low-income community water assistance program 7a7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,low-income household ,the term low-income household means a household-- 7,a7 in which #a or more individuals are receiving-- 7i7 assistance under a ,state program funded under part ,a of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fja et seq472 7ii7 supplemental security income payments under title ,,xvi of the ,social ,security ,act 7#db ,u4,s4,c4 #acha et seq472 7iii7 supplemental nutrition assistance program benefits under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq472 or 7iv7 payments under-- 7,i7 section #acae1 #aeba1 #aeda1 or #aedb of title #ch1 ,united ,states ,code2 or 7,,ii7 section #cjf of the ,veterans' and ,survivors' ,pension ,improvement ,act of #aigh 7#ch ,u4,s4,c4 #aeba note2 ,public ,law #ie-ehh72 or 7,b7 that has an income that1 as determined by the ,state in which the household is located1 does not exceed the greater of-- 7i7 an amount equal to #aej percent of the poverty level2 and 7ii7 an amount equal to #fj percent of the ,state median income for that ,state4 7#c7 ,poverty level ,the term poverty level means1 with respect to a household in a ,state1 the income poverty guidelines for the nonfarm population of the ,united ,states1 as prescribed by the ,office of ,management and ,budget1 as applicable to the ,state4 7#d7 ,state median income ,the term ,state median income has the meaning given the term in section #bfjc of ,public ,law #ig-ce 7#db ,u4,s4,c4 #hfbb74 7b7 ,study2 report 7#a7 ,in general ,not later than #d years after the date of enactment of this ,act1 the ,administrator shall conduct1 and submit to ,congress a report describing the results of1 a study regarding the prevalence throughout the ,united ,states of low-income households that do not have access to-- 7,a7 affordable and functional centralized or onsite wastewater services that protect the health of individuals in the households2 7,b7 affordable municipal stormwater services2 or 7,c7 affordable public drinking water services to meet household needs4 7#b7 ,inclusions ,the report under paragraph 7#a7 shall include-- 7,a7 recommendations of the ,administrator regarding the best methods to increase access to affordable and functional centralized and onsite wastewater1 stormwater1 and drinking water services2 7,b7 a description of the cost of each method described in subparagraph 7,a72 7,c7 with respect to the development of the report1 a consultation with all relevant stakeholders2 and 7,d7 a description of the results of the study with respect to low-income renters who do not receive bills for wastewater1 stormwater1 and drinking water services but pay for the services indirectly through rent payments4 7#c7 ,agreements ,the ,administrator may enter into an agreement with another ,federal agency to carry out the study under paragraph 7#a74 ,g ,worker ,relief and ,credit ,reform #cjgja4 ,short title ,this subtitle may be cited as the ,worker ,relief and ,credit ,reform ,act of #bjbj or as the ,,wrcr ,act of #bjbj4 #cjgjb4 ,expansion and improvement of earned income tax credit 7a7 ,application to students 7#a7 ,in general ,section #cb7;c77#a77;,a77i7 of the ,internal ,revenue ,code of #aihf is amended by inserting who is a qualifying student or after any individual4 7#b7 ,qualifying student ,section #cb7;c7 of such ,code is amended by redesignating paragraph 7#d7 as paragraph 7#e7 and inserting after paragraph 7#c7 the following new paragraph3 7#d7 ,qualifying student 7,a7 ,in general ,the term qualifying student means1 with respect to any taxable year1 any individual who-- 7i7 is an eligible student 7as defined in section #be;,a7b77#c77 with respect to at least one academic period beginning during such taxable year1 7ii7 either-- 7,i7 qualifies for a ,federal ,pell ,grant with respect to such academic period1 or 7,,ii7 meets the requirements of subparagraph 7,b7 or 7,c7 for the taxable year1 and 7iii7 is not a dependent for whom a deduction is allowable under section #aea to another taxpayer for any taxable year beginning in the same calendar year as such taxable year4 7,b7 ,independent students ,in the case of any independent student1 the requirements of this subparagraph are met for such taxable year if the household income of the taxpayer is less than #cjj percent of the poverty line for the size of the family involved for the taxable year4 7,c7 ,other students 7i7 ,in general ,in the case of any individual who is not an independent student1 the requirements of this subparagraph are met for such taxable year if the aggregate household incomes of all the individual's specified supporters 7and the taxpayer if not otherwise taken into account7 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 #cjj percent of the poverty line for the size of the family involved 7determined on a single aggregate basis7 for the taxable year4 7ii7 ,specified supporter ,the term specified supporter means1 with respect to any individual described in clause 7i71 any taxpayer with respect to whom such individual was a dependent for any taxable year ending in the #c-year period described in subparagraph 7,d77i74 7,d7 ,independent student defined 7i7 ,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 #c-year period which ends on the first day of the first academic period with respect to which such individual is an eligible student 7as defined in section #be;,a7b77#c774 7ii7 ,certain academic periods disregarded ,an academic period shall be disregarded under clause 7i7 if such academic period ends more than #b years before the beginning of the next academic period with respect to which the individual is an eligible student 7as defined in section #be;,a7b77#c774 7,e7 ,other definitions 7i7 ,household income ,the term household income has the meaning given such term in section #cf;,b7d77#b74 7ii7 ,poverty line ,the term poverty line has the meaning given such term in section #cf;,b7d77#c77;,a74 7iii7 ,family size ,the family size involved with respect to any taxpayer shall be determined under rules similar to the rules of section #cf;,b7d77#a74 4 7#c7 ,conforming amendment ,section #cb7;c77#a77;,a77ii7 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 7i74 7b7 ,modification of age requirements ,section #cb7;c77#a77;,a77ii77,,ii7 of such ,code is amended by striking has attained age #be but not attained age #fe and inserting has attained age #ah4 7c7 ,care-,giving and learning taken into account as compensated work ,section #cb7;a7 of such ,code is amended by adding at the end the following new paragraph3 7#c7 ,special rule for qualifying students and certain individuals with one or more qualifying dependents ,for purposes of paragraph 7#a71 any individual-- 7,a7 who is a qualifying student1 or 7,b7 who has a qualifying dependent1 shall be treated as having earned income for the taxable year which is equal to the earned income amount with respect to such individual for such taxable year4 4 7d7 ,treatment of certain qualifying relatives 7#a7 ,in general ,section #cb7;c77#c7 of such ,code is amended by striking all that precedes subparagraph 7,b7 and inserting the following3 7#c7 ,qualifying dependent 7,a7 ,in general ,the term qualifying dependent means-- 7i7 a qualifying child of the taxpayer1 as defined in section #aeb7;c71 determined-- 7,i7 by substituting #ab for #ai in paragraph 7#c77;,a77i7 thereof1 and 7,,ii7 without regard to paragraphs 7#a77;,d7 and 7#c77;,a77ii7 thereof and section #aeb7;e71 7ii7 any individual who is physically or mentally incapable of caring for himself or herself 7within the meaning of section #ba7;b77#a77 and who-- 7,i7 is the taxpayer's spouse1 or 7,,ii7 is a qualifying relative of the taxpayer1 as defined in section #aeb7;d71 determined without regard to paragraph 7#a77;,b7 thereof and by treating an individual as a qualifying child of the taxpayer for purposes of paragraph 7#a77;,d7 thereof only if such individual is a qualifying child of the taxpayer as determined under clause 7i7 of this subparagraph1 or 7iii7 any qualifying relative of the taxpayer 7as defined in section #aeb7;d71 determined without regard to paragraph 7#a77;,b7 thereof7 who has attained age #fe as of the close of the calendar year in which the taxable year of the taxpayer begins4 ,for purposes of determining if any individual is a qualifying relative of the taxpayer under clause 7ii77,,ii7 or 7iii71 section #aeb7;d77#a77;,c7 shall be applied by not taking into account any benefits received by such individual pursuant to any ,federal program 7or any ,state or local program financed in whole or in part with ,federal funds7 related to health care1 cash aid1 child care1 food assistance1 housing and development1 social services1 employment and training1 or energy assistance4 4 7#b7 ,conforming amendments 7,a7 ,section #cb7;c77#a77;,a77i7 of such ,code are each amended by striking qualifying child and inserting qualifying dependent4 7,b7 ,section #cb7;c77#a77;,b7 of such ,code is amended-- 7i7 by striking qualifying child and inserting qualifying dependent1 and 7ii7 by striking child in the heading and inserting dependent4 7,c7 ,section #cb7;c77#a77;,f7 of such ,code is amended-- 7i7 by striking qualifying children and inserting qualifying dependents1 7ii7 by striking qualifying child and inserting qualifying dependent1 and 7iii7 by striking qualifying child in the heading and inserting qualifying dependent4 7,d7 ,section #cb7;c77#c77;,d77i7 of such ,code is amended by striking qualifying child both places it appears and inserting qualifying dependent4 7e7 ,modification of percentages and amounts 7#a7 #ajj percent credit percentage ,paragraph 7#a7 and paragraph 7#b77;,a7 of section #cb7;a7 of such ,code are each amended by striking the credit percentage of4 7#b7 #bj percent phaseout percentage ,section #cb7;a77#b77;,b7 of such ,code is amended by striking the phaseout percentage and inserting #bj percent4 7#c7 ,modification of earned income and phaseout amounts ,section #cb7;b7 of such ,code is amended to read as follows3 7b7 ,earned income amount2 phaseout amount ,for purposes of this section-- 7#a7 ,earned income amount ,the term earned income amount means #d1jjj 7twice such amount in the case of a joint return74 7#b7 ,phaseout amount ,the term phaseout amount means #cj1jjj 7#ej1jjj in the case of a joint return74 7#c7 ,inflation adjustment ,in the case of any taxable year beginning after #bjai1 the #d1jjj amount in paragraph 7#a7 and each dollar amount in paragraph 7#b7 shall be increased by an amount equal to-- 7,a7 such dollar amount1 multiplied by 7,b7 the cost-of-living adjustment determined under section #a7;f77#c7 for the calendar year in which the taxable year begins1 determined by substituting #bjah for #bjaf in subparagraph 7,a77ii7 thereof4 ,if any increase under the preceding sentence is not a multiple of #ej1 such increase shall be rounded to the next lowest multiple of #ej4 4 7#d7 ,conforming amendments 7,a7 ,section #cb7;i7 of such ,code is amended by adding at the end the following new paragraph3 7#c7 ,inflation adjustment 7,a7 ,in general ,in the case of any taxable year beginning after #bjah1 the #b1bjj amount in subsection 7i77#a7 shall be increased by an amount equal to-- 7i7 such dollar amount1 multiplied by 7ii7 the cost-of-living adjustment determined under section #a7;f77#c7 for the calendar year in which the taxable year begins1 determined by substituting #aiie for #bjaf in subparagraph 7,a77ii7 thereof4 7,b7 ,rounding ,if any increase under subparagraph 7,a7 is not a multiple of #ej1 such increase shall be rounded to the next lowest multiple of #ej4 4 7,b7 ,section #cb of such ,code is amended by striking subsection 7j74 7f7 ,increased credit for certain unmarried individuals with #b or more qualifying children 7#a7 ,in general ,section #cb of such ,code is amended by inserting after subsection 7f7 the following new subsection3 7g7 ,increased credit for certain unmarried individuals with #b or more qualifying children 7#a7 ,in general ,in the case of a qualified individual1 the amount of the credit otherwise determined under subsection 7a7 shall be increased by the amount of the credit determined under this section as such section was in effect for taxable years beginning in #bjah but with the modifications described in paragraph 7#b74 7#b7 ,modifications ,solely for purposes of determining the increase under paragraph 7#a7-- 7,a7 ,credit percentage ,the credit percentage shall be equal to-- 7i7 in the case of a qualified individual with #b qualifying children1 #ab4e percent1 and 7ii7 in the case of a qualified individual with #c or more qualifying children1 #ah4ge percent4 7,b7 ,phaseout percentage ,the phaseout percentage shall be equal to #e percent4 7,c7 ,application of inflation adjustment ,section #cb7;j7 as in effect for taxable years beginning in #bjah shall be applied by taking into account the taxable year for which the increase under paragraph 7#a7 is determined4 7#c7 ,qualified individual ,for purposes of this subsection1 the term qualified individual means any individual who-- 7,a7 is not married 7as determined under section #ggjc71 and 7,b7 has #b or more qualifying children4 7#d7 ,qualifying child ,for purposes of this subsection1 the term qualifying child means a child described in subsection 7c77#c77;,a77i7 determined without regard to subclause 7,i7 thereof4 4 7g7 ,advance payment 7#a7 ,in general ,chapter #gg of such ,code is amended by adding at the end the following new section3 #gebi4 ,advance payment of earned income credit2 earned income savings accounts 7a7 ,in general ,not later that the date that is #b years after the date of the enactment of this section1 the ,secretary shall establish a program for making direct advance monthly payments of the credit allowable under section #cb to taxpayers who elect to receive such payments4 7b7 ,limitation ,the aggregate monthly payments made under subsection 7a7 with respect to any taxpayer for any taxable year shall not exceed #ge percent of the estimated amount of the credit allowable under section #cb to such taxpayer for such taxable year4 7c7 ,election ,the election under subsection 7a7 may be made or changed for subsequent periods at any time during the taxable year4 ,in the case of an election made after the beginning of a taxable year1 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 7subject to the limitation of subsection 7b77 shall be prorated among the remaining months4 7d7 ,method of payment ,the program established under subsection 7a7 shall include an option for taxpayers to elect to receive payments under such program by prepaid debit card4 7e7 ,reports to taxpayers 7#a7 ,in general ,with respect to payments made under this section for any calendar year1 not later than ,january #ca of the following calendar year1 the ,secretary shall issue a statement to each individual with respect to whom payments were made under this section setting forth-- 7,a7 the name1 address1 and ,,tin of such person1 7,b7 the aggregate amount of payments made under this section with respect to such person for such calendar year1 7,c7 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 years1 and 7,d7 such other information as the ,secretary may provide4 7#b7 ,election to receive statement through on-line portal ,a taxpayer may elect to receive the statement described in paragraph 7#a7 through the on-line portal described in subsection 7f74 7f7 ,recapture of excess payments ,if the aggregate payments made to any taxpayer under subsection 7a7 with respect to any taxable year exceed the credit allowed under section #cb 7determined without regard to subsection 7h7 thereof7 with respect to such taxpayer for such taxable year1 the tax imposed by chapter #a with respect to such taxpayer for such taxable year shall be increased by such excess4 7g7 ,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 7f7 before the date on which payment of such tax is due1 no payment shall be made under subsection 7a7 to such taxpayer during the period beginning on such date and ending with the #b-year period which begins on the date that such tax liability 7and any interest or penalties in connection with such liability7 has been paid in full4 4 7#b7 ,coordination with credit ,section #cb of such ,code1 as amended by subsection 7f71 is amended by inserting after subsection 7g7 the following new subsection3 7h7 ,coordination with advance payment of credit ,with respect to any taxable year1 the amount which would 7but for this subsection7 be allowed as a credit to the taxpayer under this section shall be reduced 7but not below zero7 by the aggregate payments made under section #gebi to such taxpayer for such taxable year4 4 7#c7 ,one-on-one consultations ,the ,secretary of the ,treasury 7or the ,secretary's delegate7 shall ensure that in person1 telephonic1 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 7and1 in the case of in person consultations1 at all taxpayer assistance centers of the ,internal ,revenue ,service7 in determining-- 7,a7 their eligibility for the advance payment program established under section #gebi1 7,b7 the amount of the monthly payment for which the taxpayer is eligible under such program1 7,c7 the circumstances or changes in circumstances which1 based on the particular characteristics of such taxpayer1 are most likely to result in excess payments to such taxpayer which would be subject to recapture under section #gebi7;f71 and 7,d7 such other matters as such ,secretary or delegate determines appropriate4 7#d7 ,on-line portal ,the ,secretary of the ,treasury 7or the ,secretary's delegate7 shall establish an on-line portal which allows taxpayers to-- 7,a7 elect to receive advance monthly payment under section #gebi1 including determining the estimated amount described in subsection 7b7 of such section and determining the amount of such monthly payments1 7,b7 report changes in circumstances and modify the amount of future advance monthly payments under such section1 and 7,c7 stop future advance monthly payments under such section and pay back any advance monthly payments4 7#e7 ,clerical amendment ,the table of sections for chapter #gg of such ,code is amended by adding at the end the following new item3 ,sec4 #gebi4 ,advance payment of earned income credit2 earned income savings accounts4 4 7h7 ,outreach pilot program 7#a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 the ,secretary of the ,treasury 7or the ,secretary's designee7 shall establish a program to educate taxpayers regarding the availability of the earned income tax credit and the advance monthly payment of such credit4 ,pursuant to such program-- 7,a7 ,,eitc educational letters ,the ,secretary 7or designee7 shall provide a written notice describing the earned income tax credit1 the qualifications for receiving such credit1 and the program for the advance payment of such credit to each taxpayer that the ,secretary 7or designee7 determines is likely to qualify for such credit4 7,b7 ,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 credit4 7,c7 ,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 taxpayer1 that the taxpayer is responsible for repaying any amounts received which are in excess of the actual amount of the earned income tax credit1 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 advance4 7#b7 ,termination ,the program established under paragraph 7#a7 shall terminate at the close of the #aj-year period beginning on the date that such program is established by the ,secretary 7or designee74 7#c7 ,report on effectiveness of program ,on the date which is #e years after the establishment of the program under paragraph 7#a71 the ,secretary shall submit to ,congress a report evaluating the effectiveness of the program1 including a detailed examination of the effectiveness of each of the initiatives described in subparagraphs 7,a71 7,b71 and 7,c7 of paragraph 7#a74 7i7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjba4 ,h ,school ,modernization and ,efficient ,access to ,lunches for ,students #cjhja4 ,short title ,this subtitle may be cited as the ,school ,modernization and ,efficient ,access to ,lunches for ,students ,act of #bjbj or the ,school ,,meals ,act of #bjbj4 #cjhjb4 ,expanding direct certification ,section #i7;b77#d77;,f77iii77,,ii77bb7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #ageh7;b77#d77;,f77iii77,,ii77bb77 is amended by inserting in not more than #c school years after measures4 #cjhjc4 ,direct certification improvement grants and technical assistance ,section #i7;b7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #ageh7;b77 is amended by adding at the end the following3 7#af7 ,direct certification improvement grants and technical assistance 7,a7 ,definitions ,in this paragraph3 7i7 ,eligible entity ,the term eligible entity means-- 7,i7 a ,state agency2 and 7,,ii7 a ,tribal organization4 7ii7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term ,indian tribe in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7iii7 ,rate of direct certification ,the term rate of direct certification means the percentage of children eligible for direct certification under paragraphs 7#d7 and 7#e7 for a school year that were directly certified under those paragraphs for that school year4 7iv7 ,tribal organization ,the term ,tribal organization has the meaning given the term tribal organization in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7,b7 ,grants 7i7 ,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 located4 7ii7 ,priority ,in providing grants under clause 7i71 the ,secretary shall give priority to ,states and ,tribal organizations with the lowest rates of direct certification4 7iii7 ,use of funds ,an eligible entity that receives a grant under clause 7i7 shall use the grant funds to pay costs relating to improving the rate of direct certification in the ,state or ,indian ,tribe1 as applicable1 including the cost of-- 7,i7 improving technology relating to direct certification2 7,,ii7 providing technical assistance to local educational agencies2 7,,iii7 newly implementing or revising a direct certification system or process in the ,state 7including at local educational agencies in the ,state7 or ,indian ,tribe1 including the cost of equipment2 and 7,,iv7 coordinating with multiple public benefits programs to increase the rate of direct certification1 including by conducting feasibility studies and demonstration projects under section #ah7;c74 7,c7 ,food ,distribution ,program on ,indian reservations 7i7 ,in general ,the ,secretary shall provide grants to ,states and ,tribal organizations administering the food distribution program on ,indian reservations under section #d7;b7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjac7;b77-- 7,i7 in the case of a ,tribal organization1 if applicable1 to establish a rate of direct certification of children that are members of households receiving assistance under that program2 or 7,,ii7 to improve the rate of direct certification of children that are members of households receiving assistance under that program4 7ii7 ,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 7,b77iii74 7,d7 ,technical assistance ,the ,secretary shall provide technical assistance to assist the recipients of grants under subparagraphs 7,b7 and 7,c71 and other eligible entities1 as appropriate1 in improving the rates of direct certification4 7,e7 ,funding 7i7 ,in general ,on ,october #a1 #bjbj1 out of any funds in the ,treasury not otherwise appropriated1 the ,secretary of the ,treasury shall transfer to the ,secretary to carry out this paragraph #bh1jjj1jjj1 to remain available until expended4 7ii7 ,food ,distribution ,program on ,indian reservations ,of the funds transferred to the ,secretary under clause 7i71 the ,secretary shall use not less than #b1jjj1jjj to carry out subparagraph 7,c74 7iii7 ,technical assistance ,of the funds transferred to the ,secretary under clause 7i71 the ,secretary shall use not more than #c1jjj1jjj to carry out subparagraph 7,d74 7iv7 ,receipt and acceptance ,the ,secretary shall be entitled to receive1 shall accept1 and shall use to carry out this paragraph the funds transferred under clause 7i71 without further appropriation4 4 #cjhjd4 ,enhancing the community eligibility option ,section #aa7;a77#a77;,f7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agei;a7a77#a77;,f77 is amended-- 7#a7 in clause 7iv7-- 7,a7 in subclause 7,i77bb7-- 7i7 by striking as of ,april #a of the prior school year and inserting during the period beginning on ,april #a of the prior school year and ending on the last day of that school year2 and 7ii7 by striking as of ,april #a of the school year prior and all that follows through subparagraph and inserting during the period beginning on ,april #a of the covered school year and ending on the last day of the covered school year2 and 7,b7 by adding at the end the following3 7,,iii7 ,definition of covered school year ,in this clause1 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 subparagraph4 2 and 7#b7 in clause 7x7-- 7,a7 in subclause 7,i71 by striking for the next school year if1 not later than ,june #cj of the current school year1 and inserting if2 7,b7 in subclause 7,,ii77aa71 by inserting 1 based on counts conducted by schools of identified students beginning on or after ,april #a of that school year1 after clause 7viii72 and 7,c7 in subclause 7,,iv77aa71 by inserting 1 based on counts conducted by schools of identified students beginning on or after ,april #a of that school year1 after clause 7viii74 #cjhje4 ,enhancing direct certification ,section #i7;b77#ae77;,b77ii77,,iii7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #ageh7;b77#ae77;,b77ii77,,iii77 is amended by striking #aj and inserting #bj4 #cjhjf4 ,state performance on enrolling children receiving program benefits for free school meals ,section #dcja7;b7 of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7#db ,u4,s4,c4 #ageh;a7b77 is amended-- 7#a7 in paragraph 7#b71 by striking and at the end2 7#b7 in paragraph 7#c71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#d7 in the case of a ,state identified under clause 7ii77,i7 of section #i7;b77#d77;,f7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #ageh7;b77#d77;,f771 a description of-- 7,a7 the technical assistance provided to the ,state2 and 7,b7 the progress made by the ,state in implementing the measures and meeting the goals described in items 7aa7 through 7cc7 of clause 7iii77,,ii7 of that section4 4 ,i ,protect ,,snap #cjija4 ,short title ,this subtitle may be cited as the ,protect ,,snap ,act4 #cjijb4 ,preventing the changing of regulations governing waivers under the supplemental nutrition assistance program ,no rule1 regulation1 proposed rule1 policy directive1 or guideline may be issued or enforced by the ,secretary of ,agriculture1 by the head of any entity within the ,department of ,agriculture 7including the ,food and ,nutrition ,service71 or by any other person or entity that-- 7#a7 supersedes subsection 7a71 7b71 7c71 7d71 7e71 or 7f7 of section #bgc4bd of title #g of the ,code of ,federal ,regulations as in effect on ,december #a1 #bjbj2 or 7#b7 modifies the effect or operation of any such subsection as so in effect4 #cjijc4 ,restriction on ,federal funds ,no ,federal funds 7including fees7 made available for any fiscal year may be used to finalize1 implement1 administer1 enforce1 carry out1 or otherwise give effect to the proposed rule entitled ,supplemental ,nutrition ,assistance ,program3 ,requirements for ,able ,bodied ,adults ,without ,dependents 7#hd ,fed4 ,reg4 #ihj2 ,february #a1 #bjai74 ,j ,protections ,against ,poverty #cajja4 ,findings ,congress finds the following3 7#a7 ,according to the ,census ,bureau1 more than #ch1jjj1jjj people1 including #ab1jjj1jjj children1 lived in poverty in #bjah based on the ,official ,poverty ,measure4 7#b7 ,more than #ag1jjj1jjj people lived in deep poverty1 defined as living in a household with a total cash income below #ej percent of its poverty threshold4 7#c7 ,poverty disproportionately impacts communities of color1 with the poverty rate at #bj4h percent for ,blacks1 #ag4f percent for ,hispanics1 and #aj4a percent for ,asians1 versus #h4a percent for non-,hispanic ,whites4 7#d7 ,the ,official ,poverty ,measure often understates the number of people who have trouble making ends meet4 7#e7 ,according to a #bjbj ,federal ,reserve report on the economic well-being of ,united ,states households1 an estimated #cg percent of people cannot cover an unexpected #djj expense4 7#f7 ,the top one percent of ,united ,states households have experienced income growth before taxes and transfer payments nearly seven times faster than the bottom #bj percent of households since #aigi4 7#g7 ,wealth has become even more concentrated than income4 7#h7 ,according to the ,federal ,reserve ,bank of ,st4 ,louis1 the top #aj percent of ,united ,states households ranked by wealth own #gg percent of the country's total wealth while those in the bottom #ej percent own one percent4 7#i7 ,a full-time1 full-year minimum wage worker at the ,federal minimum wage level of #g4be lives below the poverty line4 7#aj7 ,a vast majority of low wage earners lack access to paid family leave1 leaving them just one accident or illness away from economic devastation4 7#aa7 ,unions increase workers' wages1 ensure access to better benefits1 address wage inequality1 and reduce poverty4 7#ab7 #e1adj1jjj ,americans aged #fe and older lived in poverty in #bjah4 7#ac7 ,according to the ,united ,states ,census ,bureau1 #bg1ejj1jjj people did not have health insurance at any point in #bjah4 7#ad7 ,according to the ,federal ,reserve1 #be percent of adults reported skipping medical care1 such as a visit to a doctor or dentist1 because they were unable to afford the cost in #bjai4 7#ae7 ,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 pollution4 7#af7 ,families living in poverty also struggle to afford childcare1 housing1 utilities1 and food expenses4 7#ag7 ,according to the ,united ,states ,census ,bureau1 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 families4 7#ah7 ,in #bjag1 #hc percent of renter households with incomes below #ae1jjj paid more than #cj percent of their total household income for housing1 experiencing housing costs burdens1 and #gb percent paid more than #ej percent of their income for housing1 experiencing severe cost burdens4 7#ai7 ,water and wastewater bills are increasingly unaffordable for millions of households nationwide4 7#bj7 ,according to the ,energy ,information ,administration1 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 #bjae4 7#ba7 ,more than #bj1jjj1jjj ,americans lack access to any broadband whatsoever and many more are unable to adopt broadband1 primarily due to prohibitive costs4 7#bb7 ,limited access to technology and broadband services makes it difficult for people to apply for jobs online1 connect with health insurance1 apply for financial aid1 telework1 or complete online homework4 7#bc7 ,according to the ,department of ,agriculture1 #cg1bjj1jjj people1 including #aa1bjj1jjj children1 lived in food-insecure households in #bjah4 7#bd7 #e1fjj1jjj households had very low food security1 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 food4 7#be7 ,according to a #bjji ,department of ,agriculture report on access to affordable and nutritious food1 millions of people live in food deserts1 or areas where they are more than a mile from a supermarket4 7#bf7 ,reliable and affordable public transportation is critical to accessing employment1 food1 health care1 and education4 7#bg7 ,the educational level attained by individuals has a dramatic impact on poverty1 with #be4i percent of adults over #be years old without a high school diploma in poverty versus #ab4g percent for those with a high school degree1 but no college1 and #d4d percent for those with a college degree4 7#bh7 ,according to the ,government ,accountability ,office1 socioeconomic and racial segregation in schools has increased dramatically in the past decade4 7#bi7 ,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 presence4 7#cj7 ,low-income parents have their children removed from the household every day1 because living in poverty is incorrectly treated as child neglect4 7#ca7 ,the criminal justice system often punishes poverty1 as court fees and fines disproportionately impact the poor4 7#cb7 ,police are most likely to use deadly force in low-income1 more highly segregated neighborhoods4 7#cc7 ,low-income communities often have limited social capital and political voice4 7#cd7 ,strict voter ,,id requirements1 closures of polling places1 limited access to alternatives to in-person voting and other voter suppression tactics disproportionately impact poor and minority ,americans4 7#ce7 ,the effects of poverty are widespread1 long-lasting1 and dangerous1 and leave families vulnerable to unexpected events4 7#cf7 ,adults who were poor during childhood are more likely to experience poverty as adults1 are less likely to graduate high school1 and are less likely to be consistently employed as young adults4 7#cg7 ,lower incomes are associated with shorter life expectancies4 7#ch7 ,the ,,covid-#ai pandemic threatens to increase health1 food1 housing1 and economic insecurity and push millions of people into poverty4 7#ci7 ,low-income and minority communities have long experienced inadequate access to health care1 housing1 nutritious food1 and education and economic opportunity1 which increase the prevalence of ,,covid-#ai risk factors1 such as diabetes1 asthma1 heart disease1 and high blood pressure4 7#dj7 ,the ,,covid-#ai pandemic has exposed and exacerbated the inequality and poverty afflicting the ,united ,states1 as well as underlined the shortcomings of its social safety net programs4 #cajjb4 ,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 impacts1 including the right to-- 7#a7 equal opportunity1 irrespective of race1 gender1 or socioeconomic status2 7#b7 working family tax credits1 such as the ,child ,tax ,credit and the ,earned ,income ,tax ,credit1 that are proven to lift families out of poverty1 free from onerous eligibility requirements2 7#c7 a livable wage that is enough to ensure adequate housing1 food1 clothing1 and other basic household needs2 7#d7 robust paid leave programs so they can care for themselves1 their families1 and dependents without fear of financial devastation2 7#e7 emergency financial assistance in times of unemployment2 7#f7 unionize to negotiate for higher wages1 better benefits1 and safe working conditions2 7#g7 financial security for themselves and their families during retirement years2 7#h7 quality1 affordable health care and prescription drugs2 7#i7 clean air through robust environmental and public health policies2 7#aj7 high-quality1 affordable1 and reliable childcare2 7#aa7 accessible1 affordable1 safe housing2 7#ab7 safe1 clean1 and affordable water and wastewater services2 7#ac7 affordable1 reliable energy service2 7#ad7 equitable access to technology and telephone and broadband services2 7#ae7 adequate access to affordable and nutritious foods2 7#af7 reliable1 efficient1 and affordable public transportation2 7#ag7 high-quality1 equitable ,pre,k-#ab public education2 7#ah7 safe public schools that promote racial and socioeconomic diversity2 7#ai7 access to affordable higher education1 registered apprenticeships1 and other vocational training opportunities2 7#bj7 live with their families and not be separated from each other on the basis of poverty2 7#ba7 safe neighborhoods1 where they are protected by law enforcement1 not targeted1 profiled1 harassed1 and brutalized2 7#bb7 equal treatment in criminal justice settings1 free from discrimination2 and 7#bc7 equal representation and participation in democracy through unfettered1 unabridged access to the ballot box1 accessible polling places1 and alternatives to traditional in-person voting1 such as early voting and voting by mail4 ,k ,,lift 7,livable ,incomes for ,families ,today7 the ,middle ,class #caaja4 ,short title ,this subtitle may be cited as the ,,lift 7,livable ,incomes for ,families ,today7 the ,middle ,class ,act4 #caajb4 ,establishment of middle class tax credit 7a7 ,in general ,subpart ,c of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf is amended by inserting after section #cf the following new section3 #cf;,a4 ,middle class tax credit 7a7 ,allowance of credit 7#a7 ,in general ,in the case of an eligible individual1 for any taxable year beginning after ,december #ca1 #bjah1 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 #c1jjj4 7#b7 ,phaseout of credit ,the amount of the credit allowable to the taxpayer under paragraph 7#a7 for the taxable year shall be reduced 7but not below zero7 by an amount which bears the same ratio to the amount of the credit determined under such paragraph as-- 7,a7 the amount 7not less than zero7 equal to the adjusted gross income 7or1 if greater1 the earned income7 of the taxpayer for the preceding taxable year minus #cj1jjj1 bears to 7,b7 #bj1jjj4 7#c7 ,joint returns 7,a7 ,in general ,for purposes of determining the amount of the credit allowed under this section for any taxable year1 if a joint return was filed for the preceding taxable year by an eligible individual and such individual's spouse1 each of the dollar amounts under paragraphs 7#a7 and 7#b7 shall be doubled4 7,b7 ,married individuals ,for purposes of determining the amount of the credit allowed under this section for any taxable year1 if an individual was married during the preceding taxable year 7within the meaning of section #ggjc71 this section shall apply only if a joint return was filed for the preceding taxable year under section #fjac4 7#d7 ,head of household ,for purposes of determining the amount of the credit allowed under this section for any taxable year1 if a taxpayer filed a return as a head of household for the preceding taxable year1 the reduction of the credit allowable to the taxpayer under paragraph 7#a7 shall be determined under paragraph 7#b7 by substituting #fj1jjj for #cj1jjj in subparagraph 7,a7 thereof4 7#e7 ,inflation adjustments 7,a7 ,in general ,in the case of any taxable year after #bjai1 each of the dollar amounts under paragraphs 7#a71 7#b71 and 7#d7 shall be increased by an amount equal to-- 7i7 such dollar amount1 multiplied by 7ii7 the cost-of-living adjustment determined under section #a7;f77#c7 for the calendar year in which the taxable year begins1 determined by substituting calendar year #bjah for calendar year #bjaf in subparagraph 7,a77ii7 thereof4 7,b7 ,rounding ,if any increase determined under subparagraph 7,a7 is not a multiple of #ej1 such increase shall be rounded to the nearest multiple of #ej4 7b7 ,definitions ,for purposes of determining the credit allowed under this section for any taxable year-- 7#a7 ,eligible individual 7,a7 ,in general ,the term eligible individual means an individual-- 7i7 who attained #ah years of age before the close of the preceding taxable year1 7ii7 whose principal place of abode was in the ,united ,states for more than one-half of the preceding taxable year1 7iii7 who was not a dependent for whom a deduction is allowable under section #aea to another taxpayer for any taxable year beginning in the same calendar year as the preceding taxable year1 and 7iv7 who did not claim the benefits of section #iaa for the preceding taxable year4 7,b7 ,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 year1 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 7g7 or 7h7 of section #fjac4 7,c7 ,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-- 7i7 such individual's taxpayer identification number1 and 7ii7 if the individual was married during the preceding taxable year 7within the meaning of section #ggjc71 the taxpayer identification number of such individual's spouse4 7,d7 ,treatment of military personnel stationed outside of the ,united ,states ,for purposes of subparagraph 7,a77ii71 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 ,states4 ,for purposes of the preceding sentence1 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 #ij days or for an indefinite period4 7#b7 ,earned income ,the term earned income has the same meaning given such term under section #cb7;c77#b71 except that such term shall include any amounts received by the taxpayer as a ,federal ,pell ,grant under section #dja of the ,higher ,education ,act of #aife4 7c7 ,taxable year must be full taxable year ,except in the case of a taxable year closed by reason of the death of the taxpayer1 no credit shall be allowable under this section in the case of a taxable year covering a period of less than #ab months4 7d7 ,restrictions on taxpayer who improperly claimed credit in prior year ,rules similar to subsection 7k7 of section #cb shall apply for purposes of this section4 7e7 ,amount of credit ,to be determined under tables 7#a7 ,in general ,the amount of the credit allowed by this section shall be determined under tables prescribed by the ,secretary4 7#b7 ,requirements for tables ,the tables prescribed under paragraph 7#a7 shall reflect the provisions of subsection 7a7 and shall have income brackets of not greater than #ej each-- 7,a7 for earned income between #j and the amount of earned income at which the credit is phased out under subsection 7a77#b71 and 7,b7 for adjusted gross income between the dollar amount at which the phaseout begins under subsection 7a77#b7 and the amount of adjusted gross income at which the credit is phased out under such subsection4 7f7 ,reconciliation of credit and advance payments ,the amount of the credit allowed under this section for any taxable year shall be reduced 7but not below zero7 by the aggregate amount of any advance payments of such credit under section #gebg;,a for such taxable year4 4 7b7 ,advance payment of middle class tax credit 7#a7 ,in general ,chapter #gg of the ,internal ,revenue ,code of #aihf is amended by inserting after section #gebg the following new section3 #gebg;,a4 ,advance payment of middle class tax credit 7a7 ,in general ,not later than #f months after the date of the enactment of the ,,lift 7,livable ,incomes for ,families ,today7 the ,middle ,class ,act1 the ,secretary shall establish a program for making advance payments of the credit allowed under section #cf;,a on a monthly basis 7determined without regard to subsection 7f7 of such section7 to any taxpayer who-- 7#a7 the ,secretary has determined will be allowed such credit for the taxable year1 and 7#b7 has made an election under subsection 7c74 7b7 ,amount of advance payment 7#a7 ,in general ,for purposes of subsection 7a71 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-- 7,a7 an amount equal to-- 7i7 the amount of the credit which the ,secretary has determined will be allowed to such taxpayer under section #cf;,a for the taxable year ending in such applicable period1 divided by 7ii7 #ab1 or 7,b7 such other amount as is elected by the taxpayer4 7#b7 ,applicable period ,for purposes of this section1 the term applicable period means the #ab-month period from the month of ,july of the taxable year through the month of ,june of the subsequent taxable year4 7c7 ,election of advance payment ,a taxpayer may elect to receive an advance payment of the credit allowed under section #cf;,a for any taxable year by including such election on a timely filed return for the preceding taxable year4 7d7 ,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 #cf;,a are aware of the availability of the advance payment of such credit under this section4 7e7 ,authority ,the ,secretary may prescribe such regulations or other guidance as may be appropriate or necessary for the purposes of carrying out this section4 4 7c7 ,income disregard ,any credit or refund allowed or made to any individual by reason of section #cf;,a of the ,internal ,revenue ,code of #aihf 7as added by this section7 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 assistance1 or the amount or extent of benefits or assistance1 under any ,federal program or under any ,state or local program financed in whole or in part with ,federal funds4 7d7 ,conforming amendments 7#a7 ,section #fbaa7;b77#d77;,a7 of the ,internal ,revenue ,code of #aihf is amended by inserting #cf;,a1 after #cf14 7#b7 ,section #fbac7;g77#b7 of such ,code is amended-- 7,a7 in subparagraph 7,f71 by inserting or section #cf;,a after credit72 7,b7 in subparagraph 7,g71 by inserting or #cf;,a after section #cb2 7,c7 by striking subparagraph 7,k7 and inserting the following3 7,k7 an omission of information required by section #cb7k77#b7 or #cf7;e7 or an entry on the return claiming-- 7i7 the credit under section #cb for a taxable year for which the credit is disallowed under subsection 7k77#a7 thereof1 or 7ii7 the credit under section #cf;,a for a taxable year for which the credit is disallowed under subsection 7d7 thereof1 2 and 7,d7 in subparagraph 7,l71 by striking or #cb and inserting #cb1 or #cf;,a4 7#c7 ,the table of sections for subpart ,c of part ,,iv of subchapter ,a of chapter #a of such ,code is amended by inserting after the item relating to section #cf the following new item3 ,sec4 #cf;,a4 ,middle class tax credit4 4 7#d7 ,the table of sections for chapter #gg of such ,code is amended by inserting after the item relating to section #gebg the following3 ,sec4 #gebg;,a4 ,advance payment of middle class tax credit4 4 7e7 ,effective date ,the amendments made by this section shall apply to earned income received after ,december #ca1 #bjag4 #caajc4 ,return preparation programs for low-income taxpayers 7a7 ,in general ,chapter #gg of the ,internal ,revenue ,code of #aihf is amended by inserting after section #gebf the following new section3 #gebf;,a4 ,return preparation programs for low-income taxpayers 7a7 ,volunteer ,income ,tax ,assistance ,matching ,grant ,program 7#a7 ,establishment of ,program ,the ,secretary1 through the ,internal ,revenue ,service1 shall establish a ,community ,volunteer ,income ,tax ,assistance ,matching ,grant ,program 7hereinafter in this section referred to as the ,,vita grant program74 ,except as otherwise provided in this section1 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 ,act1 #bjjh4 7#b7 ,matching grants 7,a7 ,in general ,the ,secretary may1 subject to the availability of appropriated funds1 make available grants under the ,,vita grant program to provide matching funds for the development1 expansion1 or continuation of qualified return preparation programs assisting low-income taxpayers and members of underserved populations4 7,b7 ,application 7i7 ,in general ,subject to clause 7ii71 in order to be eligible for a grant under this section1 a qualified return preparation program shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may reasonably require4 7ii7 ,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 7including through the ,stakeholder ,partnerships1 ,education1 and ,communication office7 in which it was determined that the average accuracy rate for preparation of tax returns through such program was less than #ij percent1 such program shall not be eligible for any additional grants under this section unless such program provides1 as part of their application1 sufficient documentation regarding the corrective measures established by such program to address the deficiencies identified following the field site visit4 7,c7 ,priority ,in awarding grants under this section1 the ,secretary shall give priority to applications-- 7i7 demonstrating assistance to low-income taxpayers1 with emphasis on outreach to and services for such taxpayers1 7ii7 demonstrating taxpayer outreach and educational activities relating to eligibility and availability of income supports available through the ,internal ,revenue ,code of #aihf1 such as the earned income tax credit1 and 7iii7 demonstrating specific outreach and focus on one or more underserved populations4 7,d7 ,duration of grants ,upon application of a qualified return preparation program1 the ,secretary is authorized to award a multi-year grant not to exceed #c years4 7#c7 ,aggregate limitation ,unless otherwise provided by specific appropriation1 the ,secretary shall not allocate more than #cj1jjj1jjj per fiscal year 7exclusive of costs of administering the program7 to carry out the purposes of this section4 7b7 ,use of funds 7#a7 ,in general ,qualified return preparation programs receiving a grant under this section may use the grant for-- 7,a7 ordinary and necessary costs associated with program operation in accordance with ,cost ,principles ,circulars as set forth by the ,office of ,management and ,budget1 including-- 7i7 for wages or salaries of persons coordinating the activities of the program1 7ii7 to develop training materials1 conduct training1 and perform quality reviews of the returns for which assistance has been provided under the program1 and 7iii7 for equipment purchases and vehicle-related expenses associated with remote or rural tax preparation services1 7,b7 outreach and educational activities described in subsection 7a77#b77;,c77ii71 and 7,c7 services related to financial education and capability1 asset development1 and the establishment of savings accounts in connection with tax return preparation4 7#b7 ,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 program4 7c7 ,promotion and referral 7#a7 ,promotion ,the ,secretary shall promote the benefits of1 and encourage the use of1 tax preparation through qualified return preparation programs through the use of mass communications1 referrals1 and other means4 7#b7 ,internal revenue service referrals ,the ,secretary may refer taxpayers to qualified return preparation programs receiving funding under this section4 7#c7 ,,vita grantee referral ,qualified return preparation programs receiving a grant under this section are encouraged to refer1 as appropriate1 to local or regional ,low ,income ,taxpayer ,clinics individuals who are eligible to receive services at such clinics4 7d7 ,definitions ,for purposes of this section-- 7#a7 ,qualified return preparation program ,the term qualified return preparation program means any program-- 7,a7 which provides assistance to individuals1 not less than #ij percent of whom are low-income taxpayers1 in preparing and filing ,federal income tax returns1 7,b7 which is administered by a qualified entity1 7,c7 in which all of the volunteers who assist in the preparation of ,federal income tax returns meet the training requirements prescribed by the ,secretary1 and 7,d7 which uses a quality review process which reviews #ajj percent of all returns4 7#b7 ,qualified entity 7,a7 ,in general ,the term qualified entity means any entity which-- 7i7 is an eligible organization 7as described in subparagraph 7,b771 7ii7 is in compliance with ,federal tax filing and payment requirements1 7iii7 is not debarred or suspended from ,federal contracts1 grants1 or cooperative agreements1 and 7iv7 agrees to provide documentation to substantiate any matching funds provided under the ,,vita grant program4 7,b7 ,eligible organization 7i7 ,in general ,subject to clause 7ii71 the term eligible organization means-- 7,i7 an institution of higher education which is described in section #ajb 7other than subsection 7a77#a77;,c7 thereof7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhh71 as in effect on the date of the enactment of this section1 and which has not been disqualified from participating in a program under title ,,iv of such ,act1 7,,ii7 an organization described in section #eja7;c7 of the ,internal ,revenue ,code of #aihf and exempt from tax under section #eja7;a7 of such ,code1 7,,iii7 a local government agency1 including-- 7aa7 a county or municipal government agency1 and 7bb7 an ,indian tribe1 as defined in section #d7ac7 of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dajc7ac771 including any tribally designated housing entity 7as defined in section #d7bb7 of such ,act 7#be ,u4,s4,c4 #dajc7bb7771 tribal subsidiary1 subdivision1 or other wholly owned tribal entity1 or 7,,iv7 a local1 ,state1 regional1 or national coalition 7with one lead organization which meets the eligibility requirements of subclause 7,i71 7,,ii71 or 7,,iii7 acting as the applicant organization74 7ii7 ,alternative eligible organization ,if no eligible organization described in clause 7i7 is available to assist the targeted population or community1 the term eligible organization shall include-- 7,i7 a ,state government agency1 and 7,,ii7 a ,cooperative ,extension ,service office4 7#c7 ,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 #cb7;b7 for a married couple filing a joint return with three or more qualifying children1 as determined in a revenue procedure or other published guidance4 7#d7 ,underserved population ,the term underserved population includes populations of persons with disabilities1 persons with limited ,english proficiency1 ,native ,americans1 individuals living in rural areas1 members of the ,armed ,forces and their spouses1 and the elderly4 4 7b7 ,clerical amendment ,the table of sections for chapter #gg of the ,internal ,revenue ,code of #aihf is amended by inserting after the item relating to section #gebf the following new item3 #gebf;,a4 ,return preparation programs for low-income taxpayers4 4 #caajd4 ,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-- 7#a7 the repeal of ,public ,law #aae-ig1 with the exception of any provisions or amendments under such ,public ,law that provide relief to taxpayers with less than #ajj1jjj in annual income2 and 7#b7 a fee1 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 subtitle1 to be assessed on any financial institution that has total consolidated assets of more than #ej1jjj1jjj1jjj4 ,l ,financial ,inclusion in ,banking #cabja4 ,short title ,this subtitle may be cited as the ,financial ,inclusion in ,banking ,act of #bjbj4 #cabjb4 ,office of ,community ,affairs duties with respect to under-banked1 un-banked1 and underserved consumers ,section #ajac7;b77#b7 of the ,consumer ,financial ,protection ,act of #bjaj 7#ab ,u4,s4,c4 #edic7;b77#b77 is amended-- 7#a7 by striking ,the ,director shall establish a unit and inserting the following3 7,a7 ,in general ,the ,director shall establish a unit to be known as the ,office of ,community ,affairs 2 and 7#b7 by adding at the end the following3 7,b7 ,duties related to under-banked1 un-banked1 and underserved consumers 7i7 ,in general ,the ,office of ,community ,affairs shall-- 7,i7 lead coordination of research to identify any causes and challenges contributing to the decision of individuals who1 and households that1 do not initiate or maintain on-going and sustainable relationships with depository institutions1 including consulting with trade associations representing depository institutions1 trade associations representing minority depository institutions1 organizations representing the interests of traditionally underserved consumers and communities1 organizations representing the interests of consumers 7particularly low- and moderate-income individuals71 civil rights groups1 community groups1 consumer advocates1 and the ,consumer ,advisory ,board about this matter2 7,,ii7 identify subject matter experts within the ,bureau to work on the issues identified under subclause 7,i72 7,,iii7 lead coordination efforts between other ,federal departments and agencies to better assess the reasons for the lack of1 and help increase the participation of1 under-banked1 un-banked1 and underserved consumers in the banking system2 and 7,,iv7 identify and develop strategies to increase financial education to under-banked1 un-banked1 and underserved consumers4 7ii7 ,coordination with other ,bureau offices ,in carrying out this paragraph1 the ,office of ,community ,affairs shall consult with and coordinate with the research unit established under subsection 7b77#a7 and such other offices of the ,bureau as the ,director may determine appropriate4 7iii7 ,reporting 7,i7 ,in general ,the ,office of ,community ,affairs shall submit a report to ,congress1 within two years of the date of enactment of this subparagraph and every #b years thereafter1 that identifies any factors impeding the ability of1 or limiting the option for1 individuals or households to have access to fair1 on-going1 and sustainable relationships with depository institutions to meet their financial needs1 discusses any regulatory1 legal1 or structural barriers to enhancing participation of under-banked1 un-banked1 and underserved consumers with depository institutions1 and contains recommendations to promote better participation for all consumers with the banking system4 7,,ii7 ,timing of report ,to the extent possible1 the ,office shall submit each report required under subclause 7,i7 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 #di of the ,federal ,deposit ,insurance ,act4 4 #cabjc4 ,discretionary surplus funds 7a7 ,in general ,the dollar amount specified under section #g7;a77#c77;,a7 of the ,federal ,reserve ,act 7#ab ,u4,s4,c4 #bhi7;a77#c77;,a77 is reduced by #aj1jjj1jjj4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect on ,september #cj1 #bjba4 #cabjd4 ,determination of ,budgetary ,effects ,the budgetary effects of this subtitle1 for the purpose of complying with the ,statutory ,pay-,as-,you-,go ,act of #bjaj1 shall be determined by reference to the latest statement titled ,budgetary ,effects of ,,paygo ,legislation for this subtitle1 submitted for printing in the ,congressional ,record by the ,chairman of the ,house ,budget ,committee1 provided that such statement has been submitted prior to the vote on passage4 ,m ,investing in ,state ,energy #cacja4 ,short title ,this subtitle may be cited as the ,investing in ,state ,energy ,act4 #cacjb4 ,timing for distribution of certain financial assistance under the ,state energy program and the ,weatherization ,assistance ,program 7a7 ,timing for distribution of financial assistance under the weatherization assistance program ,section #dag7;d7 of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfg7;d77 is amended-- 7#a7 by striking 7d7 ,payments and inserting the following3 7d7 ,method and timing of payments 7#a7 ,in general ,subject to paragraph 7#b71 any payments 2 and 7#b7 by adding at the end the following3 7#b7 ,timing ,notwithstanding any other provision of law 7including regulations71 not later than #fj days after the date on which funds have been made available to provide assistance under this part1 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 year4 4 7b7 ,timing for distribution of financial assistance under the ,state energy program ,section #cfc of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcbc7 is amended by adding at the end the following3 7g7 ,timing for distribution of financial assistance ,notwithstanding any other provision of law 7including regulations71 not later than #fj days after the date on which funds have been made available to provide financial assistance under this section1 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 year4 4 ,n ,pathways ,out of ,poverty #cadja4 ,findings ,congress finds the following3 7#a7 ,the persistence of poverty1 and especially intergenerational poverty1 in ,america can be seen as a deep1 structural problem that implicates our value system and our educational and economic institutions4 7#b7 ,poverty may be defined as the lack of basic necessities of life such as food1 shelter1 clothing1 health care1 education1 economic security1 and economic opportunity4 7#c7 ,policy initiatives and many safety net programs addressing poverty have not kept pace with the needs of millions of ,americans4 7#d7 ,the lack of an equitable distribution of housing choices across the country leads to isolation and concentrated poverty4 7#e7 ,the number of ,americans living in poverty rose by over #b4f million from #bjji to #bjaj 7,u4,s4 ,census ,bureau1 ,september #bjaa74 7#f7 ,there were #df4b million ,americans living in poverty in #bjaj1 consisting of #ae4a percent of the ,american people 7,u4,s4 ,census ,bureau1 ,september #bjaa74 7#g7 ,poverty has a disproportionate impact on minority communities in ,america with #bg4d percent of ,african ,americans1 #bf4f percent of ,hispanics1 #ab4a percent of ,asian ,americans1 and #i4i percent of ,whites living in poverty in the ,united ,states in #bjaj 7,u4,s4 ,census ,bureau1 ,september #bjaa74 7#h7 ,in #bjaj a family of #d was considered poor under the ,u4,s4 ,census ,bureau's official measure if the family's income was below #bb1cad4 7#i7 ,the economic consequences of poverty in the ,united ,states are estimated to be at least #ejj billion per year 7,center for ,american ,progress1 #bjjg74 7#aj7 ,children who grow up in poverty experience higher crime rates1 decreased productivity1 and higher health costs over their lives 7,center for ,american ,progress1 #bjjg74 7#aa7 #c1ejj1jjj seniors lived in poverty in #bjaj 7,u4,s4 ,census ,bureau1 #bjaa74 7#ab7 ,young ,americans1 ages #ah-bd1 experience a higher poverty rate than the national average 7,u4,s4 ,census ,bureau1 #bjaa74 7#ac7 #af1djj1jjj children lived in poverty in #bjaj--more than one in every five ,american children 7,u4,s4 ,census ,bureau1 #bjaa74 7#ad7 ,almost #ce percent of ,african-,american children and over #cj percent of ,hispanic children lived in poverty in #bjji 7,u4,s4 ,census ,bureau1 #bjaa74 7#ae7 ,the #df1ahj1jjj of ,americans in poverty in #bjaj was the largest number yet recorded in the #eb years for which poverty estimates are available 7,u4,s4 ,census ,bureau1 #bjaa74 7#af7 ,the ,united ,states overseas territories have high levels of poverty and varying access to ,federal anti-poverty programs4 ,poverty rates in #bjji for people over #ah were #da4d percent in ,puerto ,rico1 #ec4g percent in ,guam1 #fe4a percent in the ,united ,states ,virgin ,islands1 #ff4f percent in the ,commonwealth of the ,northern ,mariana ,islands1 and #eb4f percent in ,american ,samoa4 7#ag7 ,individuals and families in poverty are more socially vulnerable to natural disasters1 extreme weather and impacts of climate change and have greater difficulty preparing for1 responding to and recovering from such events 7,oxfam ,america1 #bjji74 7#ah7 ,children who live in families who fall into poverty for even short periods of time are at greater risk of a lifetime of lower earnings1 lower educational attainment1 and increased reliance on public services and increased rates of incarceration 7,first ,focus1 #bjjh74 7#ai7 ,it is estimated that the additional #c million children who were forced into poverty due to the recession of #bjjh1 resulted in #ce billion in economic losses annually1 and will cause at least #a4g trillion in economic losses to the ,united ,states during their lifetimes 7,first ,focus1 #bjjh74 7#bj7 ,reducing poverty1 especially child poverty1 not only reduces costs for ,federal1 ,state1 and local social services and benefits programs1 but also increases tax revenue at all levels of government 7,children's ,defense ,fund1 #bjji74 7#ba7 ,the ,house of ,representatives1 on ,january #bb1 #bjjh1 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 #aj years4 #cadjb4 ,definitions ,in this subtitle3 7#a7 ,federal agency ,the term ,federal agency means any executive department1 ,government corporation1 ,government-controlled corporation1 or other establishment in the executive branch of the ,government 7including the ,executive ,office of the ,president71 or any independent regulatory agency4 7#b7 ,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 ,u4,s4 ,census ,bureau which establishes a threshold of minimum income necessary to achieve a standard of living free from deprivation of basic needs4 7#c7 ,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 #ej percent of the ,federal poverty line as established by the ,u4,s4 ,census4 7#d7 ,near ,poverty ,the term near poverty means having a level of household income below #bjj percent of the ,federal poverty line4 7#e7 ,child ,poverty ,the term child poverty means poverty which impacts those persons under #ah years of age4 7#f7 ,deprivation ,the term deprivation means lacking some or all basic human needs4 7#g7 ,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 decent1 but modest1 standard of living4 7#h7 ,alternative ,poverty ,measures ,the term alternative poverty measures means measures and indicators1 other than the traditional income based measure of poverty1 which can provide a more detailed picture of the low-income and poverty stricken populations1 such as the number of people who were kept above poverty by ,government supports1 the number of people who are poor due to medical expenses1 child care1 and work expenses1 the rates of food insecurity1 the number of people who are asset poor 7with less than three months of income saved71 the number of disconnected youth1 teen birth rates1 participation rates in ,federal anti-poverty programs for all eligible populations1 and the number of people who are unbanked4 7#i7 ,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 regional1 geographic1 urban or rural regions4 7#aj7 ,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 events4 7#aa7 ,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 living4 7#ab7 ,digital ,divide ,the term digital divide means the gap between individuals1 households1 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 resources1 education and skills needed to effectively use computer technology and the ,internet for a wide variety of activities4 7#ac7 ,outcomes ,the term outcomes means change in the economic status1 economic instability or economic security of an individual1 household or other population which is attributable to a planned intervention1 benefit1 or service or series of interventions1 benefits1 and services1 regardless of whether such an intervention was intended to change such economic status4 7#ad7 ,disparate ,impact ,the term disparate impact refers to the historic and ongoing impacts of the pattern and practice of discrimination in employment1 education1 housing1 banking and nearly every other aspect of ,american life in the economy1 society or culture that have an adverse impact on minorities1 women1 or other protected groups1 regardless of whether such practices were motivated by discriminatory intent4 #cadjc4 ,establishment of the ,federal ,interagency ,working ,group on ,reducing ,poverty 7a7 ,establishment of ,federal ,interagency ,working ,group on ,reducing ,poverty ,there is established within the ,department of ,health and ,human ,services1 a ,federal ,interagency ,working ,group on ,reducing ,poverty1 which shall be chaired by the ,secretary of ,health and ,human ,services1 and whose members shall be selected by their respective agency heads from the senior ranks of their agencies1 which shall-- 7#a7 develop1 within #ahj days of enactment1 a ,national ,strategy to reduce the number of persons living in poverty in ,america in half within #aj years of the release of the #bjab ,census report on ,income1 ,poverty and ,health ,insurance ,coverage in the ,united ,states3 #bjaa1 that includes goals and objectives relating to-- 7,a7 reducing in half the number of ,americans living in poverty as reported by the #bjab ,census report on ,income1 ,poverty and ,health ,insurance ,coverage in the ,united ,states3 #bjaa2 7,b7 eliminating child poverty in ,america2 7,c7 eliminating extreme poverty in ,america2 7,d7 improving the effectiveness and outcomes of poverty-related programs by improving our understanding of the root causes of poverty1 the social1 economic1 and the cultural contributors to persistent intergenerational poverty2 7,e7 improving the measure of poverty to include more indicators and measures that can meaningfully account for other aspects relating to the measure of poverty1 such as regional differences in costs of living1 the impact of rising income inequality1 the impact of the persistent digital divide1 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 standard1 and the impact of poverty on other measures of economic stability and economic outcomes1 such as educational attainment1 rates of incarceration1 lifetime earnings1 access to health care1 health care outcomes1 access to housing1 and including other measures as necessary to improve our understanding of why poverty persists in ,america2 7,f7 eliminating the disparate rates of poverty based on race1 ethnicity1 gender1 age1 or sexual orientation and identity1 especially among children in those households so impacted2 7,g7 measuring effectiveness of poverty related programs on the basis of long-term outcomes1 including the long-term savings and value of preventive practice and policy1 and employing fact-based measures of programs to make improvements2 7,h7 improving the accessibility of benefit and social services programs1 reducing the complexity and difficulty of enrollment1 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 outcomes2 7,i7 making more uniform eligibility requirements to improve the coordination of service delivery1 reduce gaps in eligibility1 and improve outcomes of programs addressing poverty in the ,federal ,government2 7,j7 reducing the negative impacts of asset limits for eligibility which impact ,federal1 ,state and local poverty programs on the effectiveness of programs where limited eligibility creates gaps in necessary service and benefit delivery1 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 programs2 7,k7 identifying ,federal programs1 including those related to disaster relief1 hazard mitigation1 extreme weather and climate change1 and necessary reforms to better target resources towards disproportionately impacted socially vulnerable1 low-income and disadvantaged communities may provide greater socio-economic benefits2 7,l7 improving the ability of community-based organizations to participate in the development1 oversight and implementation of ,federal poverty-related programs2 7,m7 improving access to good jobs with adequate wages and benefits by individuals living in poverty1 low-income households1 and the unemployed2 7,n7 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 workforce2 7,o7 developing a comprehensive strategy to connect low-income young people and to re-connect currently disconnected youth to education1 work1 and their community2 and 7,p7 shifting the focus of poverty and means-tested programs across the ,federal ,government beyond the relief of deprivation and instead setting goals1 measures1 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 programs1 reduce long-term health care costs due to the improved health of formerly poverty stricken households1 increase the number of taxpaying individuals which will increase revenue1 and lower the enrollment and costs in need based benefits and services programs1 thus improving the economy and reducing long-term deficits for ,federal1 ,state1 and local governments2 7#b7 oversee1 coordinate1 and integrate all policies and activities of the ,federal ,government1 in coordination and consultation with the ,domestic ,policy ,council and the ,national ,economic ,council1 across all agencies relating to reducing the number of individuals1 families1 and children living below the ,federal poverty line1 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-- 7,a7 economic1 commercial1 and programmatic policies that can effect or relieve the effects of poverty through job creation1 and economic development targeted to low-income1 minority1 rural1 urban and other populations who suffer disparate rates of poverty1 among ,federal agencies2 and 7,b7 services and benefits including emergency programs1 discretionary economic programs1 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 poverty2 7#c7 ensure that all relevant ,federal agencies comply with appropriate guidelines1 policies1 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 independence2 7#d7 ensure that ,federal agencies1 ,state governments and relevant congressional committees have access to1 receive1 and appropriately disseminate best practices in the administration of programs1 have adequate resources to maximize the public awareness of programs1 increase the reach of those programs1 especially into historically disenfranchised communities1 maximize enrollment for all eligible ,americans1 share relevant data1 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 poverty2 7#e7 enact best practices for improved data collection1 relevant to-- 7,a7 reducing poverty2 7,b7 reducing the racial1 ethnic1 age1 gender1 and sexual orientation or sexual identity based disparities in the rates of poverty2 7,c7 adequately measuring the effectiveness1 efficiency and impact of programs on the outcomes for individuals1 families and communities who receive benefits and services2 7,d7 streamlining enrollment and eligibility for programs2 7,e7 improving long-term outcomes for individuals who are enrolled in service and benefit programs2 7,f7 reducing reliance on public programs2 7,g7 improving connections to work2 7,h7 improving economic stability2 7,i7 improving savings and investment1 access to capital1 increasing rates of entrepreneurship2 7,j7 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 disasters2 7,k7 improving access to living wage employment2 and 7,l7 improving access to employment-based benefits2 and 7#f7 study the feasibility of and test different interagency1 ,state and local1 public_/private models of cooperative service and benefit delivery by creating necessary exemptions1 waivers and funding sources to allow improved cooperation and innovation in the development of programs1 practices1 policies and procedures that advance the goal of reducing poverty and increasing economic opportunity4 7b7 ,director of ,national ,poverty ,policy ,there shall be a ,staff ,director of ,national ,poverty ,policy1 who shall be the head of the ,federal ,interagency ,working ,group on ,reducing ,poverty4 #cadjd4 ,appointment and responsibilities of the ,director 7a7 ,appointment 7#a7 ,in general ,the ,staff ,director shall be appointed by the ,secretary of ,housing and ,urban ,development4 7#b7 ,qualifications ,the ,secretary shall appoint the ,staff ,director from among individuals who have demonstrated ability and knowledge in social policy1 improving outcome based management1 issues of equity and equal opportunity and access to services and economic opportunity4 7b7 ,responsibilities ,the ,staff ,director shall-- 7#a7 advise the ,secretary and all relevant cabinet secretaries1 and agency officials regarding the establishment of policies1 goals1 objectives1 and priorities for reducing poverty in ,america in half in ten years1 ending child poverty1 ending extreme poverty and eliminating racial1 ethnic1 gender1 and sexual identity and orientation based disparities in the rates of poverty2 7#b7 advise the ,secretary1 when directed by the ,secretary1 advise relevant cabinet secretaries1 heads of independent ,federal agencies and other entities within the ,executive ,office of the ,president regarding mechanisms to improve the effectiveness1 coordination1 impact1 and outcomes of social services1 benefits1 and other poverty reduction and economic opportunity programs1 in collaboration with experts in the field1 nongovernmental organizations1 and other governments2 7#c7 work with ,federal agencies to oversee1 coordinate1 and integrate the implementation of the ,national ,plan or ,strategy1 including consultation with independent nongovernmental policy experts and service provider groups engaged in serving low-income persons1 children and households1 ,state and local government officials who administer or direct policy for anti-poverty programs1 and with as many groups that directly represent low-income people1 such as public housing tenants' associations1 or other similar groups2 and 7#d7 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 ,office4 #cadje4 ,consultation 7a7 ,in general ,the ,director may consult and obtain recommendations from1 as needed1 such ,presidential and other advisory entities such as consultation with independent nongovernmental policy experts and service provider groups engaged in serving low-income persons1 children1 and households2 ,state and local government officials who administer or direct policy for anti-poverty programs1 and groups made up of low-income people1 such as public housing tenants' associations1 or other similar groups as the ,director determines will assist in carrying out the mission of the ,office1 including1 but not limited to-- 7#a7 the ,administration for ,children and ,families 7,,acf72 7#b7 the ,administration on ,aging 7,ao,a72 7#c7 the ,department of ,agriculture 7,,usda72 7#d7 the ,bankruptcy ,courts2 7#e7 the ,bureau of ,consumer ,financial ,protection2 7#f7 the ,bureau of ,economic ,analysis 7,,bea72 7#g7 the ,bureau of ,indian ,affairs 7,,bia72 7#h7 the ,bureau of the ,census2 7#i7 the ,center for ,nutrition ,policy and ,promotion2 7#aj7 the ,centers for ,medicare ,medicaid ,services 7formerly the ,health ,care ,financing ,administration72 7#aa7 the ,commission on ,civil ,rights2 7#ab7 the ,office of ,community ,planning and ,development2 7#ac7 the ,consumer ,financial ,protection ,bureau2 7#ad7 the ,coordinating ,council on ,juvenile ,justice and ,delinquency ,prevention2 7#ae7 the ,corporation for ,national and ,community ,service2 7#af7 the ,council of ,economic ,advisers2 7#ag7 the ,department of ,agriculture 7,,usda72 7#ah7 the ,department of ,commerce 7,,doc72 7#ai7 the ,department of ,defense 7,,dod72 7#bj7 the ,department of ,education 7,,ed72 7#ba7 the ,department of ,health and ,human ,services 7,,hhs72 7#bb7 the ,department of ,housing and ,urban ,development 7,,hud72 7#bc7 the ,department of ,justice 7,,doj72 7#bd7 the ,department of ,labor 7,,dol72 7#be7 the ,department of the ,treasury2 7#bf7 the ,department of ,transportation 7,,dot72 7#bg7 the ,department of ,veterans ,affairs 7,,va72 7#bh7 the ,disability ,employment ,policy ,office2 7#bi7 the ,domestic ,policy ,council2 7#cj7 the ,drug ,enforcement ,administration 7,,dea72 7#ca7 the ,economic ,development ,administration2 7#cb7 the ,economic ,research ,service2 7#cc7 the ,english ,language ,acquisition ,office2 7#cd7 the ,equal ,employment ,opportunity ,commission 7,,eeoc72 7#ce7 the ,fair ,housing and ,equal ,opportunity2 7#cf7 the ,federal ,bureau of ,prisons2 7#cg7 the ,federal ,housing ,finance ,board2 7#ch7 the ,federal ,labor ,relations ,authority2 7#ci7 the ,federal ,trade ,commission 7,,ftc72 7#dj7 the ,food and ,nutrition ,service2 7#da7 the ,indian ,health ,service2 7#db7 the ,interagency ,council on ,homelessness2 7#dc7 the ,internal ,revenue ,service 7,,irs72 7#dd7 the ,legal ,services ,corporation2 7#de7 the ,national ,,aids ,policy ,office2 7#df7 the ,national ,credit ,union ,administration2 7#dg7 the ,national ,economic ,council2 7#dh7 the ,national ,institutes of ,health 7,,nih72 7#di7 the ,national ,labor ,relations ,board2 7#ej7 the ,occupational ,safety ,health ,administration 7,,osha72 7#ea7 the ,office of ,management and ,budget 7,,omb72 7#eb7 the ,office of ,refugee ,resettlement2 7#ec7 the ,office of ,policy ,development and ,research 7,housing and ,urban ,development ,department72 7#ed7 the ,small ,business ,administration 7,,sba72 7#ee7 the ,social ,security ,administration 7,,ssa72 7#ef7 the ,substance ,abuse and ,mental ,health ,services ,administration2 7#eg7 the ,veterans' ,employment and ,training ,service2 and 7#eh7 the ,women's ,bureau 7,labor ,department74 7b7 ,national strategy ,in developing and updating the ,national ,strategy the ,executive ,director shall consult with the ,domestic ,policy ,council1 the ,national ,economic ,council1 and1 as appropriate1 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 public4 #cadjf4 ,reports to ,congress and the public 7a7 ,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 activities1 ongoing projects1 and plans of the ,federal ,government designed to meet the goals and objectives of the ,national ,strategy on ,poverty4 ,the report shall include an accounting of the savings to the ,government from any increased efficiencies in the delivery of services1 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 eligible1 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 it4 7b7 ,national academy of sciences workshop ,within #ij days after funds are made available to carry out this subtitle1 the ,secretary of ,health and ,human ,services shall contract with the ,national ,academy of ,sciences 7hereinafter in this subsection referred to as the ,,nas7 to initiate a workshop series to provide necessary background information to enable the ,working ,group on ,reducing ,poverty to develop and finalize its plan4 7#a7 ,the ,,nas shall convene a steering committee to organize1 plan1 and conduct a public workshop on what is known about the economic and social costs of poverty1 including1 but not limited to the following3 7,a7 ,macroeconomic costs 7effects on productivity and economic output74 7,b7 ,health costs 7effects on health expenditures and health status74 7,c7 ,crime and other social costs4 7,d7 ,direct ,federal budget effects 7e4g41 outlays for income support and other poverty reduction programs74 7,e7 ,natural disaster related risks and costs4 7,f7 ,the workshop shall also consider poverty metrics 7e4g41 income poverty1 food insecurity1 and other measures of deprivation71 and their role in assessing the effects of poverty and the performance of anti-poverty programs4 ,the ,,nas shall commission experts to prepare papers that summarize and critique the relevant literature estimating monetary and non-monetary economic and social impacts of poverty4 ,a workshop summary shall be produced that1 along with the papers1 shall be available electronically on the ,,nas website4 ,this workshop shall be convened within #f months of receipt of a contract1 the papers posted immediately1 and the summary released by the end of month4 7#b7 ,the ,,nas steering committee shall organize1 plan1 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 poverty4 ,it shall take account of such issues as the following3 7,a7 ,short-term versus long-term effects1 including budget implications4 7,b7 ,effects for different population groups1 such as children1 the elderly1 immigrants1 long-term single-parent families1 displaced older workers1 young people with large loans1 people in areas of concentrated poverty and other social ills 7e4g41 ,indian reservations1 some inner city areas1 some rural areas74 7,c7 ,effects by depth of poverty and near-poverty 7e4g41 income to poverty ratios of less than #ej percent1 less than #ajj percent1 less than #bjj percent74 ,this second workshop shall be convened within #i months of receipt of a contract1 the papers posted immediately1 and a summary released by the end of month #ab4 7c7 ,report ,the relevant sections of the report shall be posted on each agency's website on the plans and impacts specific to their agency4 7d7 ,public report ,a version of each report submitted under this section shall be made available to the public4 7e7 ,legislative language ,the ,working ,group on ,reducing ,poverty shall submit1 as necessary1 legislative language1 including specific legislative recommendations to the ,congress of the ,united ,states towards achieving the national goals4 ,,iv ,housing and ,asset ,building ,a ,affirming the right of all renters to a safe1 affordable1 and decent home #djaja4 ,findings ,congress finds the following3 7#a7 ,housing is a basic human right4 7#b7 ,evidence-based research has shown that families with safe1 decent1 and affordable homes are better able to find employment1 achieve economic mobility1 perform better in school1 and maintain improved health4 7#c7 ,investing in affordable housing strengthens our economy1 creates jobs1 boosts families' incomes1 and encourages further development4 7#d7 ,far too many families living in urban1 suburban1 and rural communities struggle to afford their rent each month1 putting them at increased risk of eviction and homelessness4 7#e7 ,according to the ,department of ,housing and ,urban ,development 7,,hud7 point-in-time count of #bjaf1 there were #edi1ibh people in the ,united ,states experiencing homelessness on any given night1 including over #abj1jjj children4 7#f7 ,homelessness has become so pervasive that some ,states and cities have declared that homelessness has reached a state of emergency4 7#g7 ,major progress towards the national goals for ending homelessness in our ,nation has stalled in the absence of increased funding4 7#h7 ,a shortage of affordable housing exists in every ,state and major metropolitan area4 7#i7 ,a full-time worker earning the ,federal minimum wage cannot afford a modest two-bedroom apartment in any ,state1 metropolitan area1 or county in the ,united ,states4 7#aj7 ,over half of all renters are cost-burdened1 paying more than #cj percent of their income for housing1 and #ga percent of extremely low-income households are severely cost-burdened1 paying more than half of their income for housing4 7#aa7 ,rapidly rising rents across the country have pushed many long-time residents and families out of the communities they call home4 7#ab7 ,closed waiting lists and long waits mean only a quarter of the families who qualify for housing assistance actually receive it4 7#ac7 ,the role of ,federal affordable housing investments is even more important given the limited ability of the private market alone to address these needs4 7#ad7 ,various programs at the ,department of ,housing and ,urban ,development help to subsidize housing for more than #d1jjj1jjj low-income families1 including the ,public ,housing program1 the ,section #h ,housing ,choice ,vouchers 7,,hcv7 program1 the ,section #h ,project-,based ,rental ,assistance program1 the ,section #bjb ,supportive ,housing for the ,elderly program1 the ,section #haa ,supportive ,housing for ,persons with ,disabilities program1 and the ,housing ,opportunities for ,persons with ,,aids 7,,hopwa7 program4 7#ae7 ,despite leveraging billions of dollars in private resources to preserve and expand the supply of affordable housing1 affordable housing programs continue to be chronically underfunded despite their success at providing safe housing to families in need4 7#af7 ,chronic underfunding of the ,public ,housing ,capital ,fund has led to a backlog of more than #bf1jjj1jjj1jjj in capital repairs and deteriorating conditions for residents4 7#ag7 ,without ,federal investments1 many more families would be homeless1 living in substandard or overcrowded conditions1 or struggling to meet other basic needs because too much of their limited income would be used to pay rent4 7#ah7 ,low ,federal spending caps required by the ,budget ,control ,act of #bjaa 7,public ,law #aab-be7 have decreased funding for affordable housing and community development programs4 7#ai7 ,these austere spending caps threaten affordable housing and community development for millions of low income families4 7#bj7 ,even renters with housing subsidies often face barriers to finding housing providers willing to rent to them4 7#ba7 ,under current ,federal law1 housing discrimination against a renter is illegal if it is based on race1 color1 religion1 sex1 familial status1 national origin1 or disability4 7#bb7 ,renters should be protected against housing discrimination through stronger enforcement of fair housing laws4 7#bc7 ,despite various clarifying memos from ,,hud1 the re-entry community continues to face barriers in trying to secure access to federally assisted housing4 #djajb4 ,sense of ,congress ,the ,congress-- 7#a7 supports lifting the spending caps required by the ,budget ,control ,act of #bjaa and robustly funding programs to increase access to affordable housing and address homelessness at the ,department of ,housing and ,urban ,development 7,,hud7 and other ,federal agencies2 7#b7 opposes any cuts to ,federal investments in affordable housing programs at the ,department of ,housing and ,urban ,development and other ,federal agencies2 7#c7 supports increased funding to the ,public ,housing ,capital ,fund to address the backlog of capital repairs for public housing2 7#d7 supports expanded funding for the ,national ,housing ,trust ,fund to boost the supply of affordable housing available to extremely low-income families2 7#e7 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 subsidies2 7#f7 supports strengthened ,federal fair housing laws2 7#g7 affirms that renters may not be barred from federally assisted housing solely on the basis of a criminal record2 7#h7 supports expansion of renters' rights1 including the right of tenants to organize tenant associations2 and 7#i7 affirms that housing is a basic human right4 ,b ,ending ,homelessness #djbja4 ,short title ,this subtitle may be cited as the ,ending ,homelessness ,act of #bjbj4 #djbjb4 ,congressional findings ,the ,congress finds that-- 7#a7 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 #bjjh1 major progress towards the national goals for ending homelessness in our ,nation has virtually stalled in the absence of increased funding2 7#b7 according to the ,department of ,housing and ,urban ,development's #bjaf point-in-time count1 there were #edi1ibh people experiencing homelessness in the ,united ,states on any given night1 including over #abj1jjj children2 7#c7 homelessness in many communities has reached crisis proportions and some cities have declared that homelessness has reached a state of emergency2 and 7#d7 the ,federal ,government must renew its commitment to the national goals to end homelessness4 #djbjc4 ,emergency relief funding ,title ,,iv of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacfj et seq7 is amended-- 7#a7 by redesignating section #dia 7#db ,u4,s4,c4 #aadjh2 relating to rural housing stability grant program7 as section #dda2 7#b7 by redesignating section #eib 7#db ,u4,s4,c4 #aadjh;a2 relating to use of ,,fmha inventory for transitional housing for homeless persons and for turnkey housing7 as section #ddb2 and 7#c7 by adding at the end the following new subtitle3 ,e #e-,year path ,to end homelessness #dea4 ,emergency relief funding 7a7 ,direct appropriations ,there is appropriated out of any money in the ,treasury not otherwise appropriated for each of fiscal years #bjba through #bjd1 #a1jjj1jjj1jjj1 to remain available until expended1 for emergency relief grants under this section to address the unmet needs of homeless populations in jurisdictions with the highest need4 7b7 ,formula grants 7#a7 ,allocation ,amounts appropriated under subsection 7a7 for a fiscal year shall be allocated among collaborative applicants that comply with section #djb1 in accordance with the funding formula established under paragraph 7#b7 of this subsection4 7#b7 ,formula ,the ,secretary shall1 in consultation with the ,united ,states ,interagency ,council on ,homeless1 establish a formula for allocating grant amounts under this section to address the unmet needs of homeless populations in jurisdictions with the highest need1 using the best currently available data that targets need based on key structural determinants of homelessness in the geographic area represented by a collaborative applicant1 which shall include data providing accurate counts of-- 7,a7 the poverty rate in the geographic area represented by the collaborative applicant2 7,b7 shortages of affordable housing for low-1 very low-1 and extremely low-income households in the geographic area represented by the collaborative applicant2 7,c7 the number of overcrowded housing units in the geographic area represented by the collaborative applicant2 7,d7 the number of unsheltered homeless individuals and the number of chronically homeless individuals2 and 7,e7 any other factors that the ,secretary considers appropriate4 7#c7 ,grants ,for each fiscal year for which amounts are made available under subsection 7a71 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 7#b7 of this subsection in an amount that is equal to the formula amount determined for such collaborative applicant4 7#d7 ,timing 7,a7 ,formula to be devised swiftly ,the funding formula required under paragraph 7#b7 shall be established not later than #fj days after the date of enactment of this section4 7,b7 ,distribution ,amounts appropriated or otherwise made available under this section shall be distributed according to the funding formula established pursuant to paragraph 7#b7 not later than #cj days after the establishment of such formula4 7c7 ,use of grants 7#a7 ,in general ,subject to paragraphs 7#b7 through 7#d71 a collaborative applicant that receives a grant under this section may use such grant amounts only for eligible activities under section #dae1 #dbc1 or #dda7;b74 7#b7 ,permanent supportive housing requirement 7,a7 ,requirement ,except as provided in subparagraph 7,b71 each collaborative applicant that receives a grant under this section shall use not less than #ge percent of such grant amount for permanent supportive housing1 including capital costs1 rental subsidies1 and services4 7,b7 ,exemption ,the ,secretary shall exempt a collaborative applicant from the applicability of the requirement under subparagraph 7,a7 if the applicant demonstrates1 in accordance with such standards and procedures as the ,secretary shall establish1 that-- 7i7 chronic homelessness has been functionally eliminated in the geographic area served by the applicant2 or 7ii7 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 occupancy4 ,the ,secretary shall consider and make a determination regarding each request for an exemption under this subparagraph not later than #fj days after receipt of such request4 7#c7 ,limitation on use for administrative expenses ,not more than #e percent of the total amount of any grant under this section to a collaborative applicant may be used for costs of administration4 7#d7 ,housing ,first requirement ,the ,secretary shall ensure that each collaborative applicant that receives a grant under this section is implementing1 to the extent possible1 and will use such grant amounts in accordance with1 a ,housing ,first model for assistance for homeless persons4 7d7 ,renewal funding ,expiring contracts for leasing1 rental assistance1 or permanent housing shall be treated1 for purposes of section #dbi1 as expiring contracts referred to in subsection 7a7 of such section4 7e7 ,reporting to ,congress 7#a7 ,initial report ,not later than ,september #a1 #bjba1 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 ,banking1 ,housing1 and ,urban ,affairs and ,appropriations of the ,senate describing the design and implementation of the grant program under this section1 which shall include the formula required by subsection 7b77#b74 7#b7 ,semiannual status reports 7,a7 ,reports to congress ,the ,secretary and the ,united ,states ,interagency ,council on ,homelessness shall submit reports to the ,committees specified in paragraph 7#a7 semiannually describing the operation of the grant program under this section during the preceding #f months1 including identification of the grants made and a description of the activities funded with grant amounts4 7,b7 ,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 7,a74 #deb4 ,special purpose vouchers 7a7 ,direct appropriation ,there is appropriated out of any money in the ,treasury not otherwise appropriated for each of fiscal years #bjbb through #bjbg1 #ejj1jjj1jjj1 to remain available until expended1 which shall be used as follows3 7#a7 ,rental ,assistance ,except as provided in paragraph 7#b71 such amount shall be used for incremental assistance for rental assistance under section #h7o7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7o77 for persons and households who are homeless 7as such term is defined in section #ajc 7#db ,u4,s4,c4 #aacjb771 which assistance shall be in addition to such assistance provided pursuant to renewal of expiring contracts for such assistance4 7#b7 ,administrative fees ,the ,secretary may use not more than #aj percent of such amounts provided for each fiscal year for administrative fees under #h7q7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7q774 ,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 housing4 7b7 ,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 households1 as identified by the ,secretary1 public housing agency administrative performance1 and other factors as specified by the ,secretary4 7c7 ,availability ,assistance made available under this section shall continue to remain available only for homeless persons and households upon turn-over4 7d7 ,renewal funding ,renewal of expiring contracts for rental assistance provided under subsection 7a7 and for administrative fees under such subsection shall1 to the extent provided in appropriation ,acts1 be funded under the section #h tenant-based rental assistance account4 7e7 ,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 section1 the ,secretary may waive1 or specify alternative requirements for1 any provision of any statute or regulation that the ,secretary administers in connection with the use of funds made available under this section 7except for requirements related to fair housing1 nondiscrimination1 labor standards1 and the environment7 that relates to screening of applicants for assistance1 admission of applicants1 and selection of tenants4 ,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 homelessness4 #dec4 ,outreach funding 7a7 ,direct appropriation ,there is appropriated out of any money in the ,treasury not otherwise appropriated for each of fiscal years #bjba through #bjbe1 #ajj1jjj1jjj1 to remain available until expended1 to the ,secretary for grants under this section to provide outreach and coordinate services for persons and households who are homeless or formerly homeless4 7b7 ,grants 7#a7 ,in general ,the ,secretary shall make grants under this section on a competitive basis only to collaborative applicants who comply with section #djb4 7#b7 ,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 7c74 7c7 ,use of grants ,a collaborative applicant that receives a grant under this section may use such grant amounts only for providing case managers1 social workers1 or other staff who conduct outreach and coordinate services for persons and households who are homeless or formerly homeless4 7d7 ,timing 7#a7 ,criteria to be established swiftly ,the ,secretary shall establish the criteria for the competition for grants under this section required under subsection 7b7 not later than #fj days after the date of enactment of this section4 7#b7 ,distribution ,amounts appropriated or otherwise made available under this section shall be distributed according to the competition established by the ,secretary pursuant to subsection 7b7 not later than #cj days after the establishment of such criteria4 4 #djbjd4 ,housing ,trust ,fund 7a7 ,funding 7#a7 ,annual funding ,there is appropriated1 out of any money in the ,treasury not otherwise appropriated1 for fiscal year #bjbb and each fiscal year thereafter1 #a1jjj1jjj1jjj1 to remain available until expended1 which shall be credited to the ,housing ,trust ,fund established pursuant to section #acch of the ,federal ,housing ,enterprises ,financial ,safety and ,soundness ,act of #aiib 7#ab ,u4,s4,c4 #defh7 for use under such section4 7#b7 ,rental assistance ,there is appropriated1 out of any money in the ,treasury not otherwise appropriated1 for fiscal year #bjbb and each fiscal year thereafter1 #ej1jjj1jjj1 to remain available until expended1 for incremental project-based voucher assistance or project-based rental assistance1 to be allocated to ,states pursuant to the formula established under section #acch of the ,federal ,housing ,enterprises ,financial ,safety and ,soundness ,act of #aiib 7#ab ,u4,s4,c4 #defh71 to be used solely in conjunction with grant funds awarded under such section #acch4 7#c7 ,priority for housing the homeless 7,a7 ,priority ,during the first #e fiscal years that amounts are made available under this subsection1 the ,secretary of ,housing and ,urban ,development shall ensure that priority for occupancy in dwelling units described in subparagraph 7,b7 that become available for occupancy shall be given to persons and households who are homeless 7as such term is defined in section #ajc of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacjb774 7,b7 ,covered dwelling units ,a dwelling unit described in this subparagraph is any dwelling unit that-- 7i7 is located in housing that was at any time provided assistance with any amounts from the ,housing ,trust ,fund referred to paragraph 7#a7 that were credited to such ,trust ,fund by such paragraph2 or 7ii7 is receiving assistance described in paragraph 7#b7 with amounts made available under such paragraph4 7b7 ,tenant rent contribution 7#a7 ,limitation ,subparagraph 7,a7 of section #acch7;c77#g7 of the ,federal ,housing ,enterprises ,financial ,safety and ,soundness ,act of #aiib 7#ab ,u4,s4,c4 #defh7;c77#g77;,a77 is amended-- 7,a7 by striking except that not less than #ge percent and inserting the following3 except that-- 7i7 not less than #ge percent 2 7,b7 by adding at the end the following new clause3 7ii7 notwithstanding any other provision of law1 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 #cj percent of the adjusted income 7as such term is defined in section #c7;b7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;a7b777 of such family2 and 4 7#b7 ,regulations ,the ,secretary of ,housing and ,urban ,development shall issue regulations to implement section #acch7;c77#g77;,a77ii7 of the ,federal ,housing ,enterprises ,financial ,safety and ,soundness ,act of #aiib1 as added by the amendment made by paragraph 7#a77;,b7 of this section1 not later than the expiration of the #ij-;day period beginning on the date of the enactment of this subtitle4 #djbje4 ,technical assistance funds to help states and local organizations align health and housing systems 7a7 ,funding ,there is hereby made available to the ,secretary of ,housing and ,urban ,development #bj1jjj1jjj1 to remain available until expended1 for providing technical assistance under section #dje of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacfa7;b77 in connection with expanding the ,healthcare and ,housing 7,h#b7 ,systems ,integration ,initiative of the ,secretary of ,housing and ,urban ,development1 in collaboration with the ,united ,states ,interagency ,council on ,homelessness and the ,secretary of ,health and ,human ,services4 7b7 ,use ,in expanding the ,initiative referred to in subsection 7a71 the ,secretary shall seek to-- 7#a7 assist ,states and localities in integrating and aligning policies and funding between ,medicaid programs1 behavioral health providers1 and housing providers to create supportive housing opportunities2 and 7#b7 engages ,state ,medicaid program directors1 ,governors1 ,state housing and homelessness agencies1 any other relevant ,state offices1 and any relevant local government entities1 to assist ,states in increasing use of their ,medicaid programs to finance supportive services for homeless persons4 7c7 ,priority ,in using amounts made available under this section1 the ,secretary shall give priority to use for ,states and localities having the highest numbers of chronically homeless persons4 #djbjf4 ,permanent authorization of appropriations for ,mc,kinney-,vento ,homeless ,assistance ,act grants ,section #djh of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacfd7 is amended to read as follows3 #djh4 ,authorization of appropriations ,there are authorized to be appropriated to carry out this title such sums as may be necessary for each fiscal year4 4 #djbjg4 ,permanent extension of ,united ,states ,interagency ,council on ,homelessness ,section #bji of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacai7 is hereby repealed4 #djbjh4 ,emergency designation 7a7 ,in general ,the amounts provided by this subtitle1 and the amendments made by this subtitle1 are designated as an emergency requirement pursuant to section #d7;g7 of the ,statutory ,pay-,as-,you-,go ,act of #bjaj 7#b ,u4,s4,c4 #icc7;g774 7b7 ,designation in ,senate ,in the ,senate1 this subtitle and the amendments made by this subtitle are designated as an emergency requirement pursuant to section #djc7;a7 of ,s4 ,con4 ,res4 #ac 7#aaath ,congress71 the concurrent resolution on the budget for fiscal year #bjaj4 ,c ,tenant ,protection #djcja4 ,short title ,this subtitle may be cited as the ,tenant ,protection ,act4 #djcjb4 ,tenant blacklisting 7a7 ,definitions ,in this section-- 7#a7 the terms consumer1 consumer report1 and nationwide specialty consumer reporting agency have the meanings given those terms in section #fjc of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afha;a72 and 7#b7 the term tenant rating agency means a nationwide specialty consumer reporting agency described in section #fjc7x77#b7 of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afha;a7x77#b774 7b7 ,amendments to the ,fair ,credit ,reporting ,act ,the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afja et seq47 is amended-- 7#a7 in section #fje 7#ae ,u4,s4,c4 #afha;c71 by adding at the end the following3 7i7 ,housing court records ,a consumer reporting agency may not make a consumer report containing a landlord-tenant court or other housing court record1 unless-- 7#a7 the case to which the record pertains resulted in a judgment of possession2 7#b7 the decision of the court in the case to which the record pertains is not being appealed2 and 7#c7 the record antedates the consumer report by not more than #c years4 2 7#b7 in section #faa7;a7 7#ae ,u4,s4,c4 #afha;i7a77-- 7,a7 in paragraph 7#a77;,a71 by inserting or by submitting a notice of the dispute through the centralized source described in section #fab7;a77#a77;,b7 or the centralized source required to be established under section #b7;c7 of the ,tenant ,protection ,act after through a reseller2 and 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a7-- 7,i7 by striking or a reseller and inserting a reseller1 or a centralized source2 and 7,,ii7 by striking or reseller and inserting reseller1 or centralized source2 and 7ii7 in subparagraph 7,b71 by striking or the reseller and inserting the reseller1 or the centralized source2 7#c7 in section #fae 7#ae ,u4,s4,c4 #afham71 by adding at the end the following3 7i7 ,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 report1 the person shall provide to the consumer a free copy of the consumer report used by the person in taking the adverse action4 2 and 7#d7 by adding at the end the following3 #fcj4 ,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-- 7#a7 any actual damages sustained by the consumer as a result of making that consumer report or damages of not less than #ejj and not more than #a1ejj2 7#b7 such amount of punitive damages as the court may allow2 and 7#c7 in the case of any successful action to enforce any liability under this section1 the costs of the action together with reasonable attorney's fees as determined by the court4 4 7c7 ,regulations applicable to clearinghouse system ,not later than #a year after the date of enactment of this subtitle1 the ,bureau of ,consumer ,financial ,protection shall issue regulations-- 7#a7 applicable to tenant rating agencies to require the establishment of-- 7,a7 a centralized source through which consumers may-- 7i7 obtain a consumer report from each such tenant rating agency once during any #ab-month period1 using a single request1 and without charge to the consumer1 as provided in section #fab7;a7 of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afha;j7a772 and 7ii7 submit a notice of a dispute of inaccurate information1 as provided in section #faa7;a7 of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afha;i7a72 and 7,b7 a standardized form for a consumer to make a request for a consumer report under subparagraph 7,a77i7 or submit a notice of dispute under subparagraph 7,a77ii7 by mail or through an ,internet website2 and 7#b7 to provide that a consumer may submit a notice of dispute of inaccurate information through the centralized source established in accordance with section #baa7;c7 of the ,fair and ,accurate ,credit ,transactions ,act of #bjjc 7#ae ,u4,s4,c4 #afha;j note71 as provided in section #faa7;a7 of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afha;i7a771 using the standardized form described in paragraph 7#a77;,b74 7d7 ,report ,not later than #a year after the date of enactment of this subtitle1 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 7#ae ,u4,s4,c4 #afja et seq471 including a gap analysis of laws and resources to deter noncompliance with the intent and purpose of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afja et seq474 ,d ,hardest ,hit ,housing #djdja4 ,short title ,this subtitle may be cited as the ,hardest ,hit ,housing ,act of #bjbj4 #djdjb4 ,capital ,fund amounts for large public housing agencies 7a7 ,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 #i7;d77#b7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;g7d77#b771 there is authorized to be appropriated #d1jjj1jjj1jjj for each of fiscal years #bjbb through #bjbf for the ,public ,housing ,capital ,fund ,program under section #i7;d7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;g7b774 7b7 ,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 #aj1jjj public housing dwelling units4 7c7 ,eligible uses ,funds from grants made with amounts appropriated pursuant to this section may be used only for eligible capital activities under section #i7;d77#a7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;g7d77#a774 ,section #i7;g77#c7 of such ,act shall not apply to any such grant funds4 #djdjc4 ,assistance to ,neighbor,works for mortgage foreclosure mitigation activities ,there is authorized to be appropriated #e1jjj1jjj1 for each of fiscal years #bjbb through #bjbf for assistance to the ,neighborhood ,reinvestment ,corporation for mortgage foreclosure mitigation activities1 under the following terms and conditions3 7#a7 ,mortgage foreclosure mitigation counseling 7,a7 ,the ,neighborhood ,reinvestment ,corporation 7in this section referred to as the ,,nrc7 may make grants under this paragraph to counseling intermediaries approved by the ,department of ,housing and ,urban ,development 7in this section referred to as ,,hud7 7with match to be determined by ,,nrc based on affordability and the economic conditions of an area2 a match also may be waived by ,,nrc based on the aforementioned conditions7 to provide mortgage foreclosure mitigation assistance to the #ae ,states with highest rates of home mortgage defaults and foreclosures1 as of ,january #a1 #bjah1 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 need4 ,other than areas with high rates of defaults and foreclosures1 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 fail1 including any trends for mortgages that are likely to default and face foreclosure4 ,a ,state ,housing ,finance ,agency may also be eligible where the ,state ,housing ,finance ,agency meets all the requirements under this paragraph4 ,a ,,hud-approved counseling intermediary shall meet certain mortgage foreclosure mitigation assistance counseling requirements1 as determined by ,,nrc1 and shall be approved by ,,hud or ,,nrc as meeting these requirements4 7,b7 ,mortgage foreclosure mitigation assistance shall only be made available to homeowners of owner-occupied homes with mortgages in default or in danger of default4 ,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 homeowner4 ,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 payments4 7,c7 ,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 situation1 an evaluation of the current value of the property that is subject to the mortgage1 counseling regarding the assumption of the mortgage by another non-,federal party1 counseling regarding the possible purchase of the mortgage by a non-,federal third party1 counseling and advice of all likely restructuring and refinancing strategies or the approval of a work-out strategy by all interested parties4 7,d7 ,,nrc may provide up to #ae percent of the total funds made available pursuant to this paragraph to its own charter members with expertise in foreclosure prevention counseling1 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 impropriety4 7,e7 ,,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 default1 delinquency1 and foreclosure as well as documented counseling capacity1 outreach capacity1 past successful performance and positive outcomes with documented counseling plans 7including post-mortgage foreclosure mitigation counseling71 loan workout agreements1 and loan modification agreements4 ,,nrc may use other criteria to demonstrate capacity in underserved areas4 7,f7 ,of the total amount made available pursuant to this paragraph1 up to #bej1jjj 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 partners1 except that private financial institutions that participate in ,,nrc training shall pay market rates for such training4 7,g7 ,of the total amount made available pursuant to this paragraph1 up to #e percent may be used for associated administrative expenses for ,,nrc to carry out activities provided under this paragraph4 7,h7 ,mortgage foreclosure mitigation assistance grants may include a budget for outreach and advertising1 and training1 as determined by ,,nrc4 7,i7 ,,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 default4 7#b7 ,legal assistance 7,a7 ,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 foreclosure1 delinquency1 or short sale4 7,b7 ,such attorneys shall be capable of assisting homeowners of owner-occupied homes with mortgages in default1 in danger of default1 or subject to or at risk of foreclosure and who have legal issues that cannot be handled by counselors already employed by such intermediaries4 7,c7 ,grants under this paragraph may only be made to counseling intermediaries and legal organizations that 7i7 provide legal assistance in the #ae ,states with the highest rates of home mortgage defaults and foreclosures1 as of ,january #a1 #bjah1 and 7ii7 have the capacity to begin using the financial assistance within #ij days after receipt of the assistance4 7,d7 ,no funds made available pursuant to this paragraph shall be used to provide1 obtain1 or arrange on behalf of a homeowner1 legal representation involving or for the purposes of civil litigation4 #djdjd4 ,incremental housing choice voucher assistance 7a7 ,authorization of appropriations ,there is authorized to be appropriated for each of fiscal years #bjbb through #bjbd such sums as may be necessary to provide in each such fiscal year #bj1jjj incremental vouchers for rental assistance under section #h7o7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7o774 7b7 ,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 #aj1jjj or more vouchers for rental assistance under such section #h7o74 ,e ,,fha ,alternative ,credit ,pilot ,program ,reauthorization #djeja4 ,short title ,this subtitle may be cited as the ,,fha ,alternative ,credit ,pilot ,program ,reauthorization ,act of #bjbj4 #djejb4 ,extension of pilot program ,section #beh7;d7 of the ,national ,housing ,act 7#ab ,u4,s4,c4 #agaez-#bd7;d77 is amended by striking #e-year and inserting #ad-year4 ,f ,housing ,financial ,literacy #djfja4 ,short title ,this subtitle may be cited as the ,housing ,financial ,literacy ,act of #bjbj4 #djfjb4 ,discount on mortgage insurance premium payments for first-time homebuyers who complete financial literacy housing counseling programs ,the second sentence of subparagraph 7,a7 of section #bjc7;c77#b7 of the ,national ,housing ,act 7#ab ,u4,s4,c4 #agji7;c77#b77;,a77 is amended by striking not exceed #b4ge percent of the amount of the original insured principal obligation of the mortgage and inserting be #be basis points lower than the premium payment amount established by the ,secretary under the first sentence of this subparagraph4 ,g ,young ,americans ,financial ,literacy #djgja4 ,short title ,this subtitle may be cited as the ,young ,americans ,financial ,literacy ,act4 #djgjb4 ,findings ,the ,congress finds as follows3 7#a7 ,that #hg percent of ,americans believe finance education should be taught in schools and #ib percent of ,k-#ab teachers believe that financial education should be taught in school1 but only #ab percent of teachers actually teach the subject4 7#b7 ,according to a #bjaf survey1 #a in #c ,states require high school students to take a personal finance course1 and only #e ,states require high school students to take a semester long personal finance course4 7#c7 ,the percentage of ,americans grading themselves with an ,a or ,b in personal finance knowledge has declined from #fj percent in #bjac to #ef percent in #bjaf4 ,in #bjaf1 #ge percent of ,americans admitted they could benefit from additional advice and answers to everyday financial questions from a professional4 ,most adults feel that their financial literacy skills are inadequate1 yet they do not rely on anyone else to handle their finances2 they feel it is important to know more but have received no financial education4 7#d7 ,it is necessary to respond immediately to the pressing needs of individuals faced with the loss of their financial stability2 however increased attention must also be paid to financial literacy education reform and long-term solutions to prevent future personal financial disasters4 7#e7 ,research-based financial literacy education programs are needed to reach individuals at all ages and socioeconomic levels1 particularly those facing unique and challenging financial situations1 such as high school graduates entering the workforce1 soon-to-be and recent college graduates1 young families1 and to address the unique needs of military personnel and their families4 7#f7 ,high school and college students who are exposed to cumulative financial education show an increase in financial knowledge1 which in turn drives increasingly responsible behavior as they become young adults4 7#g7 ,sixty percent of parents identify their teens as quick spenders1 and most acknowledge they could do a better job of teaching and preparing kids for the financial challenges of adulthood1 including budgeting1 saving1 and investing4 7#h7 ,the majority 7#eb percent7 of young adults ages #bc through #bh consider making better choices about managing money1 the single most important issue for individual ,americans to act on today4 7#i7 ,according to the ,government ,accountability ,office1 giving ,americans the information they need to make effective financial decisions can be key to their well-being and to the country's economic health4 ,the recent financial crisis1 when many borrowers failed to fully understand the risks associated with certain financial products1 underscored the need to improve individuals' financial literacy and empower all ,americans to make informed financial decisions4 ,this is especially true for young people as they are earning their first paychecks1 securing student aid1 and establishing their financial independence4 ,therefore1 focusing economic education and financial literacy efforts and best practices for young people ages #h through #bd is of utmost importance4 #djgjc4 ,authorization for funding the establishment of centers of excellence in financial literacy education 7a7 ,in general ,the ,director of the ,bureau of ,consumer ,financial ,protection1 in consultation with the ,financial ,literacy and ,education ,commission established under the ,financial ,literacy and ,education ,improvement ,act1 shall make competitive grants to and enter into agreements with eligible institutions to establish centers of excellence to support research1 development and planning1 implementation1 and evaluation of effective programs in financial literacy education for young people and families ages #h through #bd years old4 7b7 ,authorized activities ,activities authorized to be funded by grants made under subsection 7a7 shall include the following3 7#a7 ,developing and implementing comprehensive research based financial literacy education programs for young people-- 7,a7 based on a set of core competencies and concepts established by the ,director1 including goal setting1 planning1 budgeting1 managing money or transactions1 tools and structures1 behaviors1 consequences1 both long- and short-term savings1 managing debt and earnings2 and 7,b7 which can be incorporated into educational settings through existing academic content areas1 including materials that appropriately serve various segments of at-risk populations1 particularly minority and disadvantaged individuals4 7#b7 ,designing instructional materials using evidence-based content for young families and conducting related outreach activities to address unique life situations and financial pitfalls1 including bankruptcy1 foreclosure1 credit card misuse1 and predatory lending4 7#c7 ,developing and supporting the delivery of professional development programs in financial literacy education to assure competence and accountability in the delivery system4 7#d7 ,improving access to1 and dissemination of1 financial literacy information for young people and families4 7#e7 ,reducing student loan default rates by developing programs to help individuals better understand how to manage educational debt through sustained educational programs for college students4 7#f7 ,conducting ongoing research and evaluation of financial literacy education programs to assure learning of defined skills and knowledge1 and retention of learning4 7#g7 ,developing research-based assessment and accountability of the appropriate applications of learning over short and long terms to measure effectiveness of authorized activities4 7c7 ,priority for certain applications ,the ,director shall give a priority to applications that-- 7#a7 provide clear definitions of financial literacy and financially literate to clarify educational outcomes2 7#b7 establish parameters for identifying the types of programs that most effectively reach young people and families in unique life situations and financial pitfalls1 including bankruptcy1 foreclosure1 credit card misuse1 and predatory lending2 7#c7 include content that is appropriate to age and socioeconomic levels2 7#d7 develop programs based on educational standards1 definitions1 and research2 7#e7 include individual goals of financial independence and stability2 and 7#f7 establish professional development and delivery systems using evidence-based practices4 7d7 ,application and evaluation standards and procedures2 distribution criteria ,the ,director shall establish application and evaluation standards and procedures1 distribution criteria1 and such other forms1 standards1 definitions1 and procedures as the ,director determines to be appropriate4 7e7 ,limitation on grant amounts 7#a7 ,in general ,the aggregate amount of grants made under this section during any fiscal year may not exceed #ee1jjj1jjj4 7#b7 ,termination ,no grants may be made under this section after the end of fiscal year #bjbb4 7f7 ,definitions ,for purposes of this subtitle the following definitions shall apply3 7#a7 ,director ,the term ,director means the ,director of the ,bureau of ,consumer ,financial ,protection4 7#b7 ,eligible institution ,the term eligible institution means a partnership of two or more of the following3 7,a7 ,institution of higher education4 7,b7 ,local educational agency4 7,c7 ,a nonprofit agency1 organization1 or association4 7,d7 ,a financial institution4 7#c7 ,institution of higher education ,the term institution of higher education has the meaning given such term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a774 ,h ,improving ,access to ,traditional ,banking #djhja4 ,short title ,this subtitle may be cited as the ,improving ,access to ,traditional ,banking ,act of #bjbj4 #djhjb4 ,office for ,under-,banked and ,un-,banked ,consumers ,section #ajac of the ,consumer ,financial ,protection ,act of #bjaj 7#ab ,u4,s4,c4 #edic7 is amended by adding at the end the following3 7i7 ,office for ,under-,banked and ,un-,banked ,consumers 7#a7 ,establishment ,before the end of the #ij-;day period beginning on the date of the enactment of the subsection1 the ,bureau shall establish an ,office for ,under-,banked and ,un-,banked ,consumers 7hereinafter referred to as the ,office71 the functions of which shall include activities designed to better assess the reasons for the lack of1 and help increase the participation of1 under-banked and un-banked consumers in the banking system1 including the coordination with other ,federal and ,state financial services agencies on this matter to ensure the most efficient and effective use of governmental resources4 7#b7 ,duties ,the ,office shall-- 7,a7 conduct research to identify any causes and challenges contributing to the decision of individuals who1 and households that1 choose not to initiate or maintain on-going and sustainable relationships with depository institutions1 including consulting with trade associations representing minority depository institutions1 and organizations representing the interests of traditionally underserved consumers and communities1 and organizations representing the interests of consumers1 particularly low- and moderate-income individuals1 civil rights groups1 community groups1 and consumer advocates1 about this matter2 7,b7 identify best practices1 develop and implement strategies to increase the participation of under-banked and un-banked consumers in the banking system2 and 7,c7 submit a report to ,congress1 within two years of the establishment of the ,office and annually thereafter1 that identifies any factors impeding the ability to1 or limiting the option for1 individuals or households to have access to on-going and sustainable relationships with depository institutions to meet their financial needs1 discusses any regulatory1 legal1 or structural barriers to enhancing participation of under-banked and un-banked consumers with depository institutions1 and contains regulatory and legislative recommendations to promote better participation for all consumers with the banking system4 4 ,i ,fair ,lending ,for ,all #djija4 ,short title ,this subtitle may be cited as the ,fair ,lending for ,all ,act4 #djijb4 ,office of ,fair ,lending ,testing 7a7 ,establishment ,there is established within the ,bureau of ,consumer ,financial ,protection an ,office of ,fair ,lending ,testing 7hereinafter referred to as the ,office74 7b7 ,director ,the head of the ,office shall be a ,director1 who shall-- 7#a7 be appointed to a #e-year term by1 and report to1 the ,director of the ,bureau of ,consumer ,financial ,protection2 7#b7 appoint and fix the compensation of such employees as are necessary to carry out the duties of the ,office under this section2 and 7#c7 provide an estimated annual budget to the ,director of the ,bureau of ,consumer ,financial ,protection4 7c7 ,civil service position ,the position of the ,director shall be a career position within the civil service4 7d7 ,testing 7#a7 ,in general ,the ,office1 in consultation with the ,attorney ,general and the ,secretary of ,housing and ,urban ,development1 shall conduct testing of compliance with the ,equal ,credit ,opportunity ,act by creditors1 through the use of individuals who1 without any bona fide intent to receive a loan1 pose as prospective borrowers for the purpose of gathering information4 7#b7 ,referral of violations ,if1 in carrying out the testing described under paragraph 7#a71 the ,office believes a person has violated the ,equal ,credit ,opportunity ,act1 the ,office shall refer such violation in writing to the ,attorney ,general for appropriate action4 7e7 ,report to ,congress ,section #gjg of the ,equal ,credit ,opportunity ,act 7#ae ,u4,s4,c4 #afia;f7 is amended by adding at the end the following3 ,in addition1 each report of the ,bureau shall include an analysis of the testing carried out pursuant to section #b of the ,fair ,lending for ,all ,act1 and each report of the ,bureau and the ,attorney ,general shall include a summary of criminal enforcement actions taken under section #gjf;,a44 #djijc4 ,prohibition on credit discrimination ,subsection 7a7 of #gja of the ,equal ,credit ,opportunity ,act 7#ae ,u4,s4,c4 #afia7 is amended to read as follows3 7a7 ,it shall be unlawful for any creditor to discriminate against any applicant1 with respect to any aspect of a credit transaction-- 7#a7 on the basis of race1 color1 religion1 national origin1 sex 7including sexual orientation and gender identity71 marital status1 or age 7provided the applicant has the capacity to contract72 7#b7 on the basis of the applicant's zip code1 or census tract2 7#c7 because all or part of the applicant's income derives from any public assistance program2 or 7#d7 because the applicant has in good faith exercised any right under the ,consumer ,credit ,protection ,act4 4 #djijd4 ,criminal penalties for violations of the ,equal ,credit ,opportunity ,act 7a7 ,in general ,the ,equal ,credit ,opportunity ,act 7#ae ,u4,s4,c4 #afia et seq47 is amended by inserting after section #gjf the following3 #gjf;,a4 ,criminal penalties 7a7 ,individual violations ,any person who knowingly and willfully violates this title shall be fined not more than #ej1jjj1 or imprisoned not more than #a year1 or both4 7b7 ,pattern or practice 7#a7 ,in general ,any person who engages in a pattern or practice of knowingly and willfully violating this title shall be fined not more than #ajj1jjj for each violation of this title1 or imprisoned not more than twenty years1 or both4 7#b7 ,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 7or who directs another agent1 senior officer1 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 enriched7 shall be-- 7,a7 fined in an amount not to exceed #ajj percent of the compensation 7including stock options awarded as compensation7 received by such officer or director from the entity-- 7i7 during the time period in which the violations occurred2 or 7ii7 in the one to three year time period preceding the date on which the violations were discovered2 and 7,b7 imprisoned for not more than #e years4 4 7b7 ,clerical amendment ,the table of contents for the ,equal ,credit ,opportunity ,act 7#ae ,u4,s4,c4 #afia et seq47 is amended by inserting after the item relating to section #gjf the following3 #gjf;,a4 ,criminal penalties4 4 #djije4 ,review of loan applications 7a7 ,in general ,subtitle ,c of the ,consumer ,financial ,protection ,act of #bjaj 7#ab ,u4,s4,c4 #eeca et seq47 is amended by adding at the end the following3 #ajch4 ,review of loan applications 7a7 ,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 law4 7b7 ,prohibition and enforcement ,if the ,bureau determines under subsection 7a7 that any loan application or process of taking a loan application violates the ,equal ,credit ,opportunity ,act or any other ,federal consumer financial law1 the ,bureau shall-- 7#a7 prohibit the covered person from using such application or process2 and 7#b7 take such enforcement or other actions with respect to the covered person as the ,bureau determines appropriate4 4 7b7 ,clerical amendment ,the table of contents in section #a of the ,dodd-,frank ,wall ,street ,reform and ,consumer ,protection ,act is amended by inserting after the item relating to section #ajcg the following3 ,sec4 #ajch4 ,review of loan applications4 4 #djijf4 ,mortgage data collection 7a7 ,in general ,section #cjd7;b77#d7 of the ,home ,mortgage ,disclosure ,act of #aige 7#ab ,u4,s4,c4 #bhjc7;b77#d77 is amended by striking census tract1 income level1 racial characteristics1 age1 and gender and inserting the applicant or borrower's zip code1 census tract1 income level1 race1 color1 religion1 national origin1 sex1 marital status1 sexual orientation1 and age4 7b7 ,protection of privacy interests ,section #cjd7;h77#c77;,a7 of the ,home ,mortgage ,disclosure ,act of #aige 7#ab ,u4,s4,c4 #bhjc7;h77#c77;,a77 is amended-- 7#a7 in clause 7i71 by striking and at the end2 7#b7 by redesignating clause 7ii7 as clause 7iii72 and 7#c7 by inserting after clause 7i7 the following3 7ii7 zip code1 census tract1 and any other category of data described in subsection 7b77#d71 as the ,bureau determines to be necessary to satisfy the purpose described in paragraph 7#a77;,e71 and in a manner consistent with that purpose2 and 4 ,j ,,lep ,data ,acquisition in ,mortgage ,lending #dajja4 ,short title ,this subtitle may be cited as the ,,lep ,data ,acquisition in ,mortgage ,lending ,act4 #dajjb4 ,preferred language question ,subpart ,a of part #b of subtitle ,a of title #ac of the ,housing and ,community ,development ,act of #aiib 7#ab ,u4,s4,c4 #deda et seq47 is amended by adding at the end the following3 #acbi4 ,uniform ,residential ,loan ,application 7a7 ,in general ,the ,director shall1 not later than ,february #a1 #bjbj1 require each enterprise to include a preferred language question1 that is optional for borrowers1 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 #bj1 #bjag as also written in subsection 7b74 7b7 ,form of ,question ,the preferred language question on the ,uniform ,residential ,loan ,application shall read as follows3 ,language ,preference--,your loan transaction is likely to be conducted in ,english4 ,this question requests information to see if communications are available to assist you in your preferred language4 ,please be aware that communications may ,,not be available in your preferred language4,optional--,mark the language you would prefer1 if available3 ,english -- ,chinese -- ,korean -- ,spanish -- ,tagalog -- ,vietnamese -- ,other -- ,i do not wish to respond4,your answer will ,,not negatively affect your mortgage application4 ,your answer does not mean the ,lender or ,other ,loan ,participants agree to communicate or provide documents in your preferred language4 ,however1 it may let them assist you or direct you to persons who can assist you4 ,language assistance and resources may be available through housing counseling agencies approved by the ,u4,s4 ,department of ,housing and ,urban ,development4,to find a housing counseling agency1 contact one of the following ,federal ,government agencies3,u4,s4 ,department of ,housing and ,urban ,development 7,,hud7 at 7#hjj7 #efi-dbhg or www4hud4gov_/counseling4,consumer ,financial ,protection ,bureau 7,,cfpb7 at 7#hee7 #daa-bcgb or www4consumerfinance4gov_/find-ahousing-c ounselor4 7c7 ,response data ,any response of a borrower to the question described in subsection 7a7 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 borrower4 4 ,k ,housing1 ,opportunity1 ,mobility and ,equity #daaja4 ,short title ,this subtitle may be cited as the ,housing1 ,opportunity1 ,mobility1 and ,equity ,act of #bjbj4 #daajb4 ,requirement for ,,cdbg grantees ,section #ajd of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecjd7 is amended by adding at the end the following3 7n7 ,strategy ,to increase the affordable housing stock 7#a7 ,in general ,each grantee receiving assistance under this title shall-- 7,a7 include in the consolidated plan required under part #ia of title #bd1 ,code of ,federal ,regulations 7or any successor thereto71 a strategy to support new inclusive zoning policies1 programs1 or regulatory initiatives that create a more affordable1 elastic1 and diverse housing supply and thereby increase economic growth and access to jobs and housing2 and 7,b7 include in the annual performance report submitted under section #ia4ebj of title #bd1 ,code of ,federal ,regulations 7or any successor thereto71 the progress and implementation of the strategy described in subparagraph 7,a74 7#b7 ,inclusions ,the strategy under paragraph 7#a7 shall-- 7,a7 demonstrate-- 7i7 transformative activities in communities that-- 7,i7 reduce barriers to housing development1 including affordable housing2 and 7,,ii7 increase housing supply affordability and elasticity2 and 7ii7 strong connections between housing1 transportation1 and workforce planning2 7,b7 include1 as appropriate1 policies relating to inclusive land use1 such as-- 7i7 for the purpose of adding affordable units1 increasing both the percentage and absolute number of affordable units-- 7,i7 authorizing high-density and multifamily zoning2 7,,ii7 eliminating off-street parking requirements2 7,,iii7 establishing density bonuses2 7,,iv7 streamlining or shortening permitting processes and timelines2 7,v7 removing height limitations2 7,,vi7 establishing by-right development2 7,,vii7 using property tax abatements2 and 7,,viii7 relaxing lot size restrictions2 7ii7 prohibiting source of income discrimination2 7iii7 taxing vacant land or donating vacant land to nonprofit developers2 7iv7 allowing accessory dwelling units2 7v7 establishing development tax or value capture incentives2 and 7vi7 prohibiting landlords from asking prospective tenants for their criminal history2 and 7,c7 provide that affordable housing units should1 to the maximum extent practicable-- 7i7 be designated as affordable for not less than #cj years2 7ii7 comprise not less than #bj percent of the new housing stock in the community2 and 7iii7 be accessible to the population served by the program established under this title4 4 #daajc4 ,refundable credit for rent costs of eligible individuals 7a7 ,in general ,subpart ,c of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf is amended by inserting after section #cf the following new section3 #cf;,a4 ,rent costs of eligible individuals 7a7 ,in general ,in the case of an eligible individual1 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-- 7#a7 the lesser of-- 7,a7 the mean fair market rental amount with respect to the individual1 or 7,b7 the rent paid during the taxable year by the individual 7and1 if married1 the individual's spouse7 for the principal residence of the individual1 over 7#b7 an amount equal to #cj percent of the adjusted gross income of the taxpayer for the taxable year4 7b7 ,eligible individual ,for purposes of this section-- 7#a7 ,in general ,the term eligible individual means any individual if the rent paid during the taxable year by the individual 7and1 if married1 the individual's spouse7 for the principal residence of the individual exceeds #cj percent of the adjusted gross income of the taxpayer for the taxable year4 7#b7 ,exceptions ,such term shall not include any individual if-- 7,a7 the individual does not include on the return of tax for the taxable year such individual's taxpayer identification number and1 if married1 the taxpayer identification number of such individual's spouse1 or 7,b7 a deduction under section #aea with respect to such individual is allowable to another taxpayer for the taxable year4 7#c7 ,married individuals ,such term shall include an individual who is married only if a joint return is filed for the taxable year4 7#d7 ,special rules 7,a7 ,principal residence ,the term principal residence has the same meaning as when used in section #aba4 7,b7 ,married ,marital status shall be determined under section #ggjc4 7c7 ,mean fair market rental amount ,for purposes of this section1 with respect to an individual1 the mean fair market rental amount for a taxable year is the fair market rent 7including the utility allowance7 published by the ,department of ,housing and ,urban ,development for purposes of the ,housing ,choice ,voucher ,program1 under the rule published in the ,federal ,register on ,november #af1 #bjaf 7#ha ,fed4 ,reg4 #hjefg71 for the same area and a comparable rental unit as the individual's principal residence4 7d7 ,rent ,for purposes of this section1 rent paid includes any amount paid for utilities of a type taken into account for purposes of determining the utility allowance under section #db7;g77#b77;,b77ii74 4 7b7 ,clerical amendment ,the table of sections for subpart ,c of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf is amended by inserting after the item relating to section #cf the following new item3 ,sec4 #cf;,a4 ,rent costs of eligible individuals4 4 7c7 ,conforming amendment ,section #fbaa7;b77#d77;,a7 of the ,internal ,revenue ,code of #aihf is amended by inserting 1 #cf;,a after #cf4 7d7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after the date of the enactment of this subtitle4 7e7 ,report ,not later than #b years after the date of the enactment of this subtitle1 the ,secretary of the ,treasury shall submit to ,congress a report on the credit allowed under section #cf;,a of the ,internal ,revenue ,code of #aihf 7as added by subsection 7a771 including on whether taxpayers are fraudulently claiming such credit4 #daajd4 ,refund to ,rainy ,day ,savings ,program 7a7 ,in general ,not later than ,december #ca1 #bjba1 the ,secretary of the ,treasury or the ,secretary's delegate 7referred to in this section as the ,secretary7 shall establish and implement a program 7referred to in this section as the ,refund to ,rainy ,day ,savings ,program7 to allow a participating taxpayer1 pursuant to the requirements established under this section1 to defer payment on #bj percent of the amount which would otherwise be refunded to such taxpayer as an overpayment 7as described in section #fdja of the ,internal ,revenue ,code of #aihf74 7b7 ,period of deferral ,except as provided under subsection 7c77#e71 a participating taxpayer may elect to defer payment of the amount described in subsection 7a7 and have such amount deposited in the ,rainy ,day ,fund 7as described in subsection 7c774 7c7 ,rainy ,day ,fund 7#a7 ,in general ,the ,secretary shall establish a fund1 in such manner as the ,secretary determines to be appropriate1 to be known as the ,rainy ,day ,fund1 consisting of any amounts described in subsection 7a7 on which payment has been deferred by participating taxpayers4 7#b7 ,investment ,any amounts deposited in the ,rainy ,day ,fund shall be invested by the ,secretary1 in coordination with the ,bureau of the ,fiscal ,service of the ,department of the ,treasury1 in ,united ,states ,treasury bills issued under chapter #ca of title #ca1 ,united ,states ,code1 with maturities suitable for the needs of the ,fund and selected so as to provide the highest return on investment for participating taxpayers4 7#c7 ,disbursements from fund 7,a7 ,in general ,on the date that is #ahj days after receipt of the individual income tax return of a participating taxpayer1 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 7a7 and any interest accrued on such amount 7as determined under paragraph 7#d774 7,b7 ,distributed to bank account ,the amounts described in subparagraph 7,a7 shall be distributed to the bank account identified by the participating taxpayer under subsection 7d77#c74 7#d7 ,interest accrued ,the amount of interest accrued on the amount deferred by a participating taxpayer under subsection 7a7 shall be determined by the ,secretary1 in coordination with the ,bureau of the ,fiscal ,service of the ,department of the ,treasury1 based upon the return on the investment of such amounts under paragraph 7#b74 7#e7 ,early withdrawal 7,a7 ,in general ,on any date during the period between the date which is #cj days after receipt by the ,secretary of the individual income tax return of the participating taxpayer and ,october #ae of the applicable year1 such taxpayer may elect to terminate the deferral of the amount described under subsection 7a7 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 date4 7,b7 ,complete withdrawal ,a participating taxpayer making an election under subparagraph 7,a7 must terminate deferral of the full amount described under subsection 7a71 and such amount shall be distributed to the bank account identified by the participating taxpayer under subsection 7d77#c74 7d7 ,participating taxpayer ,for purposes of this section1 the term participating taxpayer means a taxpayer who-- 7#a7 has not requested or received an extension of the time for payment of taxes for such taxable year under section #fafa of the ,internal ,revenue ,code of #aihf2 7#b7 prior to the due date for filing the return of tax for such taxable year1 elects to participate in the ,refund to ,rainy ,day ,savings ,program2 and 7#c7 provides the ,secretary with a bank account number and any other financial information deemed necessary by the ,secretary for purposes of paragraphs 7#c77;,b7 and 7#e77;,b7 of subsection 7c74 7e7 ,forms ,the ,secretary shall ensure that the election to defer payment of the amount described in subsection 7a7 may be claimed on ,forms #ajdj1 #ajdj;,a1 and #ajdj;,,ez4 7f7 ,implementation 7#a7 ,educational materials and outreach ,the ,secretary shall-- 7,a7 design educational materials for taxpayers regarding financial savings and the ,refund to ,rainy ,day ,savings ,program2 7,b7 publicly disseminate and distribute such materials during the first calendar quarter of each calendar year and following disbursement of amounts described in subsection 7c77#c72 and 7,c7 engage in outreach regarding the ,refund to ,rainy ,day ,savings ,program to the ,volunteer ,income ,tax ,assistance program and paid tax preparers4 7#b7 ,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 7a71 including any interest accrued on such amount and the status of any distribution4 7#c7 ,federally funded benefits ,any amounts described in subsection 7a7 which are distributed to a participating taxpayer1 including any interest accrued on such amount1 shall be treated in the same manner as any refund made to such taxpayer under section #cb of the ,internal ,revenue ,code of #aihf for purposes of determining the eligibility of such taxpayer for benefits or assistance1 or the amount or extent of benefits or assistance1 under any ,federal program or under any ,state or local program financed in whole or in part with ,federal funds4 ,l ,lead-,safe ,housing ,for ,kids #dabja4 ,short title ,this subtitle may be cited as the ,lead-,safe ,housing for ,kids ,act of #bjbj4 #dabjb4 ,amendments to the ,lead-,based ,paint ,poisoning ,prevention ,act ,section #cjb7;a7 of the ,lead-,based ,paint ,poisoning ,prevention ,act 7#db ,u4,s4,c4 #dhbb7;a77 is amended-- 7#a7 by redesignating paragraph 7#d7 as paragraph 7#e72 and 7#b7 by inserting after paragraph 7#c7 the following3 7#d7 ,additional procedures for families with children under the age of #f 7,a7 ,risk assessment 7i7 ,definition ,in this subparagraph1 the term covered housing-- 7,i7 means housing receiving ,federal assistance described in paragraph 7#a7 that was constructed prior to #aigh2 and 7,,ii7 does not include-- 7aa7 single-family housing covered by an application for mortgage insurance under the ,national ,housing ,act 7#ab ,u4,s4,c4 #agja et seq472 or 7bb7 multi-family housing that-- 7,,aa7 is covered by an application for mortgage insurance under the ,national ,housing ,act 7#ab ,u4,s4,c4 #agja et seq472 and 7,,bb7 does not receive any other ,federal housing assistance4 7ii7 ,regulations ,not later than #ahj days after the date of enactment of the ,lead-,safe ,housing for ,kids ,act of #bjbj1 the ,secretary shall promulgate regulations that-- 7,i7 require the owner of covered housing in which a family with a child of less than #f years of age will reside or is expected to reside to conduct an initial risk assessment for lead-based paint hazards-- 7aa7 in the case of covered housing receiving tenant-based rental assistance under section #h of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f71 not later than #ae days after the date on which the family and the owner submit a request for approval of a tenancy2 7bb7 in the case of covered housing receiving public housing assistance under the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg et seq47 or project-based rental assistance under section #h of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f71 not later than #ae days after the date on which a physical condition inspection occurs2 and 7cc7 in the case of covered housing not described in item 7aa7 or 7bb71 not later than a date established by the ,secretary2 7,,ii7 provide that a visual assessment alone is not sufficient for purposes of complying with subclause 7,i72 7,,iii7 require that1 if lead-based paint hazards are identified by an initial risk assessment conducted under subclause 7,i71 the owner of the covered housing shall-- 7aa7 not later than #cj days after the date on which the initial risk assessment is conducted1 control the lead-based paint hazards1 including achieving clearance in accordance with regulations promulgated under section #djb or #djd of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfhb1 #bfhd71 as applicable2 and 7bb7 provide notice to all residents in the covered housing affected by the initial risk assessment1 and provide notice in the common areas of the covered housing1 that lead-based paint hazards were identified and will be controlled within the #cj-;day period described in item 7aa72 and 7,,iv7 provide that there shall be no extension of the #cj-;day period described in subclause 7,,iii77aa74 7iii7 ,exceptions ,the regulations promulgated under clause 7ii7 shall provide an exception to the requirement under subclause 7,i7 of such clause for covered housing-- 7,i7 if the owner of the covered housing submits to the ,secretary documentation-- 7aa7 that the owner conducted a risk assessment of the covered housing for lead-based paint hazards during the #ab-month period preceding the date on which the family is expected to reside in the covered housing2 and 7bb7 of any clearance examinations of lead-based paint hazard control work resulting from the risk assessment described in item 7aa72 7,,ii7 from which all lead-based paint has been identified and removed and clearance has been achieved in accordance with regulations promulgated under section #djb or #djd of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfhb1 #bfhd71 as applicable2 7,,iii7 7aa7 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 reside2 7bb7 the dwelling unit is unoccupied2 7cc7 the owner of the covered housing1 without any further delay in occupancy or increase in rent1 provides the family with another dwelling unit in the covered housing that has no lead-based paint hazards2 and 7dd7 the common areas servicing the new dwelling unit have no lead-based paint hazards2 and 7,,iv7 in accordance with any other standard or exception the ,secretary deems appropriate based on health-based standards4 7,b7 ,relocation ,not later than #ahj days after the date of enactment of the ,lead-,safe ,housing for ,kids ,act of #bjbj1 the ,secretary shall promulgate regulations to provide that a family with a child of less than #f years of age that occupies a dwelling unit in covered housing in which lead-based paint hazards were identified1 but not controlled in accordance with regulations required under clause 7ii71 may relocate on an emergency basis and without placement on any waitlist1 penalty 7including rent payments to be made for that dwelling unit71 or lapse in assistance to-- 7i7 a dwelling unit that was constructed in #aigh or later2 or 7ii7 another dwelling unit in covered housing that has no lead-based paint hazards4 4 #dabjc4 ,authorization of appropriations ,there is authorized to be appropriated to carry out the amendments made by section #dabjb such sums as may be necessary for each of fiscal years #bjbb through #bjbf4 ,m ,,grow ,affordable ,housing #dacja4 ,short titles ,this subtitle may be cited as the ,generating ,resources and ,opportunities ,within ,affordable ,housing ,act or the ,,grow ,affordable ,housing ,act4 #dacjb4 ,affordable housing allocations ,section #accg7;a7 of the ,federal ,housing ,enterprises ,financial ,safety and ,soundness ,act of #aiib 7#ab ,u4,s4,c4 #defg7;a77 is amended by striking #d4b basis points each place such term appears and inserting #aj basis points4 ,n ,expanding ,opportunity for ,m,d,is #dadja4 ,short title ,this subtitle may be cited as the ,expanding ,opportunity for ,minority ,depository ,institutions ,act or the ,expanding ,opportunity for ,m,d,is ,act4 #dadjb4 ,establishment of ,financial ,agent ,mentor-,protg ,program 7a7 ,in general ,section #cjh of the ,financial ,institutions ,reform1 ,recovery1 and ,enforcement ,act of #aihi 7#ab ,u4,s4,c4 #adfc note7 is amended by adding at the end the following new subsection3 7d7 ,financial ,agent ,mentor-,protg ,program 7#a7 ,in general ,the ,secretary of the ,treasury shall establish a program to be known as the ,financial ,agent ,mentor-,protg ,program 7in this subsection referred to as the ,program7 under which a financial agent designated by the ,secretary or a large financial institution may serve as a mentor1 under guidance or regulations prescribed by the ,secretary1 to a small financial institution to allow such small financial institution-- 7,a7 to be prepared to perform as a financial agent2 or 7,b7 to improve capacity to provide services to the customers of the small financial institution4 7#b7 ,outreach ,the ,secretary shall hold outreach events to promote the participation of financial agents1 large financial institutions1 and small financial institutions in the ,program at least once a year4 7#c7 ,exclusion ,the ,secretary shall issue guidance or regulations to establish a process under which a financial agent1 large financial institution1 or small financial institution may be excluded from participation in the ,program4 7#d7 ,report ,the ,office of ,minority and ,women ,inclusion of the ,department of the ,treasury shall include in the report submitted to ,congress under section #cdb7;e7 of the ,dodd-,frank ,wall ,street ,reform and ,consumer ,protection ,act information pertaining to the ,program1 including-- 7,a7 the number of financial agents1 large financial institutions1 and small financial institutions participating in such ,program2 and 7,b7 the number of outreach events described in paragraph 7#b7 held during the year covered by such report4 7#e7 ,definitions ,in this subsection3 7,a7 ,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 ,government4 7,b7 ,large financial institution ,the term large financial institution means any entity regulated by the ,comptroller of the ,currency1 the ,board of ,governors of the ,federal ,reserve ,system1 the ,federal ,deposit ,insurance ,corporation1 or the ,national ,credit ,union ,administration that has total consolidated assets greater than or equal to #ej1jjj1jjj1jjj4 7,c7 ,small financial institution ,the term small financial institution means-- 7i7 any entity regulated by the ,comptroller of the ,currency1 the ,board of ,governors of the ,federal ,reserve ,system1 the ,federal ,deposit ,insurance ,corporation1 or the ,national ,credit ,union ,administration that has total consolidated assets lesser than or equal to #b1jjj1jjj1jjj2 or 7ii7 a minority depository institution4 4 7b7 ,effective date ,this subtitle and the amendments made by this subtitle shall take effect #ij days after the date of the enactment of this subtitle4 ,o ,closing the ,racial ,wealth ,gap #daeja4 ,short title ,this subtitle may be cited as the ,closing the ,racial ,wealth ,gap ,act of #bjbj4 #daejb4 ,findings ,congress finds that3 7#a7 ,between #aihc and #bjaf1 the median ,black family saw their wealth drop by more than half after adjusting for inflation1 compared to a #cc percent increase for the median ,white household4 7#b7 ,the ,forbes #djj richest ,americans own more wealth than all ,black households plus a quarter of ,latinx households4 7#c7 ,black families are about #bj times more likely to have zero or negative wealth 7#cg percent7 than they are to have #a million or more in assets 7#a4i percent74 7#d7 ,latinx families are #ad times more likely to have zero or negative wealth 7#cb4h percent7 than they are to reach the millionaire threshold 7#b4c percent74 7#e7 ,white families are equally likely to have zero or negative wealth 7about #ae percent7 as they are to be a millionaire 7#ae percent74 7#f7 ,the rate of home ownership for ,black families is the same today in #bjai as it was before passage of the ,fair ,housing ,act of #aifh4 7#g7 ,the racial wealth gap is not an accident or the result of inadvisable financial choices by people of color1 rather it is the result of the centuries of policies1 programs1 ,supreme ,court decisions and institutional practices that were designed to create barriers or to strip wealth from people of color4 7#h7 ,adjustments to ,black and ,latinx education rates1 homeownership1 savings and employment do not greatly reduce the racial wealth divide due to the structural underpinnings holding the racial wealth divide in place4 7#i7 ,to understand and address the racial wealth gap1 many experts believe we need federally funded data collection efforts with the ability to disaggregate sample sizes by race1 ethnicity1 tribal affiliation1 and country of birth4 7#aj7 ,analytical tools like the ,racial ,wealth ,audit from the ,institute on ,assets and ,social ,policy 7,,iasp7 and the ,racial ,equity ,toolkit from the ,government ,alliance on ,racial ,equity 7,,gare7 are needed to provide a framework to assess how legislation will widen or narrow the racial wealth divide4 7#aa7 ,changes in individual behavior will not close the racial wealth divide1 only structural systemic policy change4 #daejc4 ,data collection on race and wealth ,section #aj of the ,federal ,reserve ,act 7#ab ,u4,s4,c4 #bda et seq47 is amended by inserting before paragraph 7#ab7 the following3 7#aa7 ,data collection on race and wealth ,the ,board of ,governors of the ,federal ,reserve ,system shall1 in carrying out any ,survey of ,consumer ,finances or ,survey of ,household ,economics and ,decisionmaking1 including the collection of localized data1 collect information on household assets and debt disaggregated by respondent race1 ethnicity1 tribal affiliation1 and ancestral origin4 4 ,p ,housing ,financial ,literacy #dafja4 ,short title ,this subtitle may be cited as the ,housing ,financial ,literacy ,act of #bjbj4 #dafjb4 ,discount on mortgage insurance premium payments for first-time homebuyers who complete financial literacy housing counseling programs ,the second sentence of subparagraph 7,a7 of section #bjc7;c77#b7 of the ,national ,housing ,act 7#ab ,u4,s4,c4 #agji7;c77#b77;,a77 is amended-- 7#a7 by inserting before the comma the following3 and such program is completed before the mortgagor has signed an application for a mortgage to be insured under this title or a sales agreement2 and 7#b7 by striking not exceed #b4ge percent of the amount of the original insured principal obligation of the mortgage and inserting be #be basis points lower than the premium payment amount established by the ,secretary under the first sentence of this subparagraph4 ,q ,rent ,relief #dagja4 ,short title ,this subtitle may be cited as the ,rent ,relief ,act of #bjbj4 #dagjb4 ,refundable credit for rent paid for principal residence 7a7 ,in general ,subpart ,c of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf is amended by inserting after section #cf;,b the following new section3 #cf;,c4 ,rent paid for principal residence 7a7 ,in general ,in the case of an individual who leases the individual's principal residence 7within the meaning of section #aba7 during the taxable year and who pays rent with respect to such residence in excess of #cj percent of the taxpayer's gross income for such taxable year1 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 excess4 7b7 ,credit limited by #ajj percent of small area fair market rent ,solely for purposes of determining the amount of the credit allowed under subsection 7a7 with respect to a residence for the taxable year1 there shall not be taken into account rent in excess of an amount equal to #ajj percent of the small area fair market rent 7including the utility allowance7 applicable to the residence involved 7as most recently published1 as of the beginning of the taxable year1 by the ,department of ,housing and ,urban ,development74 7c7 ,definitions and special rules ,for purposes of this section-- 7#a7 ,applicable percentage 7,a7 ,in general ,except as provided in subparagraph 7,b71 the applicable percentage shall be determined in accordance with the following table3 ,the applicable ,if gross income is3percentage is3 ,not over #be1jjjajj percent ,over #be1jjj1 but not over #ej1jjjge percent ,over #ej1jjj1 but not over #ge1jjjej percent ,over #ge1jjj1 but not over #ajj1jjjbe percent ,over #ajj1jjjj percent4 7,b7 ,high-cost areas ,in the case of an individual whose principal residence is located in an area for which1 under the rule published in the ,federal ,register on ,november #af1 #bjaf 7#ha ,fed4 ,reg4 #hjefg71 the small area fair market rent is used for purposes of the ,housing ,choice ,voucher ,program1 each of the dollar amounts in the table contained in subparagraph 7,a7 shall be increased by #be1jjj4 7#b7 ,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 year4 7#c7 ,special rule for individuals residing in government-subsidized housing ,in the case of a principal residence-- 7,a7 the rent with respect to which is subsidized under a ,federal1 ,state1 local1 or tribal program1 and 7,b7 with respect to which the taxpayer elects the application of this paragraph1 in lieu of the credit determined under subsection 7a71 there shall be allowed as a credit against the tax imposed by this subtitle for such taxable year an amount equal to #a_/ab of the amount of rent paid by the taxpayer 7and not subsidized under any such program7 during the taxable year with respect to such residence4 7#d7 ,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 #db7;g77#b77;,b77ii74 7d7 ,reconciliation of credit and advance payments ,the amount of the credit allowed under this section for any taxable year shall be reduced 7but not below zero7 by the aggregate amount of any advance payments of such credit under section #gebg;,a for such taxable year4 4 7b7 ,advance payment ,chapter #gg of the ,internal ,revenue ,code of #aihf is amended by inserting after section #gebg the following new section3 #gebg;,a4 ,advance payment of middle class tax credit 7a7 ,in general ,not later than #f months after the date of the enactment of the ,rent ,relief ,act of #bjai1 the ,secretary shall establish a program for making advance payments of the credit allowed under section #cf;,c on a monthly basis to any taxpayer who-- 7#a7 the ,secretary has determined will be allowed such credit for the taxable year1 and 7#b7 has made an election under subsection 7c74 7b7 ,amount of advance payment 7#a7 ,in general ,for purposes of subsection 7a71 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-- 7,a7 an amount equal to-- 7i7 the amount of the credit which the ,secretary has determined will be allowed to such taxpayer under section #cf;,c for the taxable year ending in such applicable period1 divided by 7ii7 #ab1 or 7,b7 such other amount as is elected by the taxpayer4 7#b7 ,applicable period ,for purposes of this section1 the term applicable period means the #ab-month period from the month of ,july of the taxable year through the month of ,june of the subsequent taxable year4 7c7 ,election of advance payment ,a taxpayer may elect to receive an advance payment of the credit allowed under section #cf;,c for any taxable year by including such election on a timely filed return for the preceding taxable year4 7d7 ,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 #cf;,c are aware of the availability of the advance payment of such credit under this section4 7e7 ,authority ,the ,secretary may prescribe such regulations or other guidance as may be appropriate or necessary for the purposes of carrying out this section4 4 7c7 ,clerical amendments 7#a7 ,in general ,the table of sections for subpart ,c of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf is amended by inserting after the item relating to section #cf;,b the following new item3 ,sec4 #cf;,c4 ,rent paid for principal residence4 4 7#b7 ,advance payment ,the table of sections for chapter #gg of such ,code is amended by inserting after the item relating to section #gebg the following new item3 ,sec4 #gebg;,a4 ,advance payment of middle class tax credit4 4 7d7 ,effective date ,the amendments made by this section shall apply with respect to taxable years beginning after ,december #ca1 #bjbb4 ,r ,safe ,housing ,for ,families #dahja4 ,short title ,this subtitle may be cited as the ,safe ,housing for ,families ,act4 #dahjb4 ,carbon monoxide detectors in federally assisted housing 7a7 ,supportive housing for the elderly ,section #bjb7;j7 of the ,housing ,act of #aidi 7#ab ,u4,s4,c4 #agjaq7j77 is amended by adding at the end the following3 7#i7 ,carbon monoxide detectors 7,a7 ,in general ,each owner of a dwelling unit assisted under this section shall ensure that not less than #a 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 unit4 7,b7 ,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 that1 during that rehabilitation1 not less than #a 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 unit4 4 7b7 ,supportive housing for persons with disabilities ,section #haa7;j7 of the ,cranston-,gonzalez ,national ,affordable ,housing ,act 7#db ,u4,s4,c4 #hjac7;j77 is amended by adding at the end the following3 7#g7 ,carbon monoxide detectors 7,a7 ,in general ,each dwelling unit assisted under this section shall contain not less than #a 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 unit4 7,b7 ,rehabilitation ,each dwelling unit assisted under this section that is located in a property that is undergoing or planning a substantial rehabilitation project shall1 during that rehabilitation1 have installed not less than #a 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 unit4 4 7c7 ,public and section #h housing ,the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg et seq47 is amended-- 7#a7 in section #c7;a7 7#db ,u4,s4,c4 #adcg;a7a771 by adding at the end the following3 7#h7 ,carbon monoxide detectors 7,a7 ,in general ,each public housing agency shall ensure1 for each dwelling unit in public housing owned or operated by the public housing agency1 that not less than #a 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 unit4 7,b7 ,rehabilitation ,with respect to public housing for which a public housing agency is undergoing or planning a substantial rehabilitation project1 the public housing agency shall ensure that1 during that rehabilitation1 not less than #a 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 unit4 2 and 7#b7 in section #h7o7 7#db ,u4,s4,c4 #adcg;f7o771 by adding at the end the following3 7#ba7 ,carbon monoxide detectors 7,a7 ,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 #a 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 unit4 7,b7 ,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 project1 the owner shall ensure that1 during that rehabilitation1 not less than #a 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 unit4 4 7d7 ,additional funding ,there are authorized to be appropriated to carry out the amendments made by this subtitle #a1jjj1jjj for each of fiscal years #bjbb through #bjca4 ,s ,,covid-#ai ,mortgage ,relief #daija4 ,mortgage relief 7a7 ,short title ,this section may be cited as the ,,covid-#ai ,mortgage ,relief ,act4 7b7 ,mortgage relief 7#a7 ,forbearance and foreclosure moratorium for covered mortgage loans ,section #djbb of the ,,cares ,act 7#ae ,u4,s4,c4 #ijef7 is amended-- 7,a7 by striking ,federally backed mortgage loan each place such term appears and inserting covered mortgage loan2 and 7,b7 in subsection 7a7-- 7i7 by amending paragraph 7#b7 to read as follows3 7#b7 ,covered mortgage loan ,the term covered mortgage loan means any credit transaction that is secured by a mortgage1 deed of trust1 or other equivalent consensual security interest on a #a- to #d-unit dwelling or on residential real property that includes a #a- to #d-unit dwelling1 except that it shall not include a credit transaction under an open end credit plan other than a reverse mortgage4 2 and 7ii7 by adding at the end the following3 7#c7 ,covered period ,with respect to a loan1 the term covered period means the period beginning on the date of enactment of this ,act and ending #ab months after such date of enactment4 4 7#b7 ,automatic forbearance for delinquent borrowers ,section #djbb7;c7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijef7;c771 as amended by paragraph 7#e7 of this subsection1 is further amended by adding at the end the following3 7#i7 ,automatic forbearance for delinquent borrowers 7,a7 ,in general ,notwithstanding any other law governing forbearance relief-- 7i7 any borrower whose covered mortgage loan became #fj days delinquent between ,march #ac1 #bjba1 and the date of enactment of this paragraph1 and who has not already received a forbearance under subsection 7b71 shall automatically be granted a #fj-;day forbearance that begins on the date of enactment of this paragraph1 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 agreement2 and 7ii7 any borrower whose covered mortgage loan becomes #fj days delinquent between the date of enactment of this paragraph and the end of the covered period1 and who has not already received a forbearance under subsection 7b71 shall automatically be granted a #fj-;day forbearance that begins on the #fjth day of delinquency1 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 agreement4 7,b7 ,initial extension ,an automatic forbearance provided under subparagraph 7,a7 shall be extended for up to an additional #abj days upon the borrower's request1 oral or written1 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 due1 directly or indirectly1 to the ,,covid-#ai emergency4 7,c7 ,subsequent extension ,a forbearance extended under subparagraph 7,b7 shall be extended for up to an additional #ahj days1 up to a maximum of #cfj days 7including the period of automatic forbearance71 upon the borrower's request1 oral or written1 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 due1 directly or indirectly1 to the ,,covid-#ai emergency4 7,d7 ,right to elect to continue making payments ,with respect to a forbearance provided under this paragraph1 the borrower of such loan may elect to continue making regular payments on the loan4 ,a borrower who makes such election shall be offered a loss mitigation option pursuant to subsection 7d7 within #cj days of resuming regular payments to address any payment deficiency during the forbearance4 7,e7 ,right to shorten forbearance ,at a borrower's request1 any period of forbearance provided under this paragraph may be shortened4 ,a borrower who makes such a request shall be offered a loss mitigation option pursuant to subsection 7d7 within #cj days of resuming regular payments to address any payment deficiency during the forbearance4 7#aj7 ,automatic forbearance for certain reverse mortgage loans 7,a7 ,in general ,when any covered mortgage loan which is also a federally insured reverse mortgage loan1 during the covered period1 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 default1 or if the borrower defaults on a property charge repayment plan1 or if the borrower defaults for failure to complete property repairs1 or if an obligation of the borrower under the ,security ,instrument is not performed1 the mortgagee automatically shall be granted a six-month extension of-- 7i7 the mortgagee's deadline to request due and payable status from the ,department of ,housing and ,urban ,development2 7ii7 the mortgage's deadline to send notification to the mortgagor or his or her heirs that the loan is due and payable2 7iii7 the deadline to initiate foreclosure2 7iv7 any reasonable diligence period related to foreclosure or the ,mortgagee ,optional ,election2 7v7 if applicable1 the deadline to obtain the due and payable appraisal2 and 7vi7 any claim submission deadline1 including the #f-month acquired property marketing period4 7,b7 ,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 7,a71 which shall be considered a forbearance period4 7,c7 ,extension ,a forbearance provided under subparagraph 7,b7 and related deadline extension authorized under subparagraph 7,a7 shall be extended for an additional #ahj days upon-- 7i7 the borrower's request1 oral or written1 submitted to the borrower's servicer affirming that the borrower is experiencing a financial hardship that prevents the borrower from making payments on property charges1 completing property repairs1 or performing an obligation of the borrower under the ,security ,instrument due1 directly or indirectly1 to the ,,covid-#ai emergency2 7ii7 a non-borrowing spouse's request1 oral or written1 submitted to the servicer affirming that the non-borrowing spouse has been unable to satisfy all criteria for the ,mortgagee ,optional ,election program due1 directly or indirectly1 to the ,,covid-#ai emergency1 or to perform all actions necessary to become an eligible non-borrowing spouse following the death of all borrowers2 or 7iii7 a successor-in-interest of the borrower's request1 oral or written1 submitted to the servicer affirming the heir's difficulty satisfying the reverse mortgage loan due1 directly or indirectly1 to the ,,covid-#ai emergency4 7,d7 ,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 benefits1 the curtailment of debenture interest shall be suspended during any forbearance period provided herein4 4 7#c7 ,additional ,foreclosure and repossession protections ,section #djbb7;c7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijef7;c77 is amended-- 7,a7 in paragraph 7#b71 by striking may not initiate any judicial or non-judicial foreclosure process1 move for a foreclosure judgment or order of sale1 or execute a foreclosure-related eviction or foreclosure sale for not less than the #fj-;day period beginning on ,march #ah1 #bjba and inserting may not initiate or proceed with any judicial or non-judicial foreclosure process1 schedule a foreclosure sale1 move for a foreclosure judgment or order of sale1 execute a foreclosure related eviction or foreclosure sale for six months after the date of enactment of the ,,covid-#ai ,,hero ,act2 and 7,b7 by adding at the end the following3 7#c7 ,repossession moratorium ,in the case of personal property1 including any recreational or motor vehicle1 used as a dwelling1 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 paragraph4 4 7#d7 ,mortgage forbearance reforms ,section #djbb of the ,,cares ,act 7#ae ,u4,s4,c4 #ijef7 is amended-- 7,a7 in subsection 7b71 by striking paragraphs 7#a71 7#b71 and 7#c7 and inserting the following3 7#a7 ,in general ,during the covered period1 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 due1 directly or indirectly1 to the ,,covid-#ai emergency may request forbearance on the loan1 regardless of delinquency status1 by-- 7,a7 submitting a request1 orally or in writing1 to the servicer of the loan2 and 7,b7 affirming that the borrower is experiencing a financial hardship that prevents the borrower from making timely payments on the covered mortgage loan due1 directly or indirectly1 to the ,,covid-#ai emergency4 7#b7 ,duration of forbearance 7,a7 ,in general ,upon a request by a borrower to a servicer for forbearance under paragraph 7#a71 such forbearance shall be granted by the servicer for the period requested by the borrower1 up to an initial length of #ahj days1 the length of which shall be extended by the servicer1 at the request of the borrower for the period or periods requested1 for a total forbearance period of up to #ab months4 7,b7 ,minimum forbearance amounts ,for purposes of granting a forbearance under this paragraph1 a servicer may grant an initial forbearance with a term of not less than #ij days1 provided that it is automatically extended for an additional #ij 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 due1 directly or indirectly1 to the ,,covid-#ai emergency4 7,c7 ,right to shorten forbearance ,at a borrower's request1 any period of forbearance described under this paragraph may be shortened4 ,a borrower who makes such a request shall be offered a loss mitigation option pursuant to subsection 7d7 within #cj days of resuming regular payments to address any payment deficiency during the forbearance4 7#c7 ,accrual of interest or fees ,a servicer shall not charge a borrower any fees1 penalties1 or interest 7beyond the amounts scheduled or calculated as if the borrower made all contractual payments on time and in full under the terms of the mortgage contract7 in connection with a forbearance1 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 mortgage4 7#d7 ,communication with servicers ,any communication between a borrower and a servicer described under this section may be made in writing or orally1 at the borrower's choice4 7#e7 ,communication with borrowers with a disability ,upon request from a borrower1 servicers shall communicate with borrowers who have a disability in the borrower's preferred method of communication4 ,for purposes of this paragraph1 the term disability has the meaning given that term in the ,fair ,housing ,act1 the ,americans with ,disabilities ,act of #aiij1 or the ,rehabilitation ,act of #aigc4 2 and 7,b7 in subsection 7c71 by amending paragraph 7#a7 to read as follows3 7#a7 ,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 7oral or written7 to a financial hardship that prevents the borrower from making timely payments on the covered mortgage loan due1 directly or indirectly1 to the ,,covid-#ai emergency4 ,an oral request for forbearance and oral affirmation of hardship by the borrower shall be sufficient for the borrower to obtain or extend a forbearance4 4 7#e7 ,other servicer requirements during forbearance ,section #djbb7;c7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijef7;c771 as amended by paragraph 7#c7 of this subsection1 is further amended by adding at the end the following3 7#d7 ,forbearance terms notice ,within #cj days of a servicer of a covered mortgage loan providing forbearance to a borrower under subsection 7b7 or paragraph 7#i7 or 7#aj71 or #aj days if the forbearance is for a term of less than #fj days1 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 7#i7 or 7#aj71 and not when an existing forbearance is automatically extended1 the servicer shall provide the borrower with a notice in accordance with the terms in paragraph 7#e74 7#e7 ,contents of notice ,the written notice required under paragraph 7#d7 shall state in plain language-- 7,a7 the specific terms of the forbearance2 7,b7 the beginning and ending dates of the forbearance2 7,c7 that the borrower is eligible for up to #ab months of forbearance2 7,d7 that the borrower may request an extension of the forbearance unless the borrower will have reached the maximum period at the end of the forbearance2 7,e7 that the borrower may request that the initial or extended period be shortened at any time2 7,f7 that the borrower should contact the servicer before the end of the forbearance period2 7,g7 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 loan2 7,h7 information on how to find a housing counseling agency approved by the ,department of ,housing and ,urban ,development2 7,i7 in the case of a forbearance provided pursuant to paragraph 7#i7 or 7#aj71 that the forbearance was automatically provided and how to contact the servicer to make arrangements for further assistance1 including any renewal2 and 7,j7 where applicable1 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 request4 7#f7 ,treatment of escrow accounts ,during any forbearance provided under this section1 a servicer shall pay or advance funds to make disbursements in a timely manner from any escrow account established on the covered mortgage loan4 7#g7 ,notification for borrowers ,during the period that begins #ij days after the date of the enactment of this paragraph and ends at the end of the covered period1 each servicer of a covered mortgage loan shall be required to-- 7,a7 make available in a clear and conspicuous manner on their web page accurate information1 in ,english and ,spanish1 for borrowers regarding the availability of forbearance as provided under subsection 7b72 and 7,b7 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 7b71 except that such notice shall not be required if the borrower already has requested forbearance under subsection 7b74 7#h7 ,certain treatment under ,,respa ,as long as a borrower's payment on a covered mortgage loan was not more than #cj days delinquent on ,march #ac1 #bjba1 a servicer may not deem the borrower as delinquent while a forbearance granted under subsection 7b7 is in effect for purposes of the application of sections #f and #aj of the ,real ,estate ,settlement ,procedures ,act and any applicable regulations4 4 7#f7 ,post-forbearance loss mitigation 7,a7 ,amendment to ,,cares ,act ,section #djbb of the ,,cares ,act 7#ae ,u4,s4,c4 #ijef7 is amended by adding at the end the following3 7d7 ,post-,forbearance loss mitigation 7#a7 ,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 extended1 including by automatic extension1 a servicer shall1 no later than #cj days before the end of the forbearance period1 in writing1 notify the borrower that additional forbearance may be available and how to request such forbearance1 except that no such notice is required where the borrower already has requested an extension of the forbearance period1 is subject to automatic extension pursuant to subsection 7b77#b77;,b71 or no additional forbearance is available4 7#b7 ,loss mitigation offer before expiration of forbearance ,no later than #cj days before the end of any forbearance period that has not been extended or #cj days after a request by a consumer to terminate the forbearance1 which time shall be before the servicer initiates or engages in any foreclosure activity listed in subsection 7c77#b71 including incurring or charging to a borrower any fees or corporate advances related to a foreclosure1 the servicer shall1 in writing-- 7,a7 offer the borrower a loss mitigation option1 without the charging of any fees or penalties other than interest1 such that the borrower's principal and interest payment remains the same as it was prior to the forbearance1 subject to any adjustment of the index pursuant to the terms of an adjustable rate mortgage1 and that either-- 7i7 defers the payment of total arrearages1 including any escrow advances1 to the end of the existing term of the loan1 without the charging or collection of any additional interest on the deferred amounts2 or 7ii7 extends the term of the mortgage loan1 and capitalizes1 defers1 or forgives all escrow advances and other arrearages1 provided1 however1 that the servicer may offer the borrower a loss mitigation option that reduces the principal and interest payment on the loan and capitalizes1 defers1 or forgives all escrow advances or arrearages if the servicer has information indicating that the borrower cannot resume the pre-forbearance mortgage payments2 and 7,b7 concurrent with the loss mitigation offer in subparagraph 7,a71 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 7,a74 7#c7 ,evaluation for loss mitigation prior to foreclosure initiation ,before a servicer may initiate or engage in any foreclosure activity listed in subsection 7c77#b71 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 7#b77;,a7 within the first #ij days after the option is offered1 including a failure to accept the loss mitigation offer in paragraph 7#b77;,a71 the servicer shall-- 7,a7 unless the borrower has already submitted a complete application that the servicer is reviewing-- 7i7 notify the borrower in writing of the documents and information1 if any1 needed by the servicer to enable the servicer to consider the borrower for all available loss mitigation options2 and 7ii7 exercise reasonable diligence to obtain the documents and information needed to complete the borrower's loss mitigation application2 and 7,b7 upon receipt of a complete application or if1 despite the servicer's exercise of reasonable diligence1 the loss mitigation application remains incomplete sixty days after the notice in paragraph 7#b77;,a7 is sent1 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 guidelines1 including guidelines regarding required documentation4 7#d7 ,effect on future requests for loss mitigation review ,an application1 offer1 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 7#ab ,c4,f4,r4 #ajbd7 in regard to any loss mitigation application submitted after the servicer has complied with the requirements of paragraphs 7#b7 and 7#c74 7#e7 ,safe harbor ,any loss mitigation option authorized by the ,federal ,national ,mortgage ,association1 the ,federal ,home ,loan ,corporation1 or the ,federal ,housing ,administration that either-- 7,a7 defers the payment of total arrearages1 including any escrow advances1 to the end of the existing term of the loan1 without the charging or collection of any additional interest on the deferred amounts2 or 7,b7 extends the term of the mortgage loan1 and capitalizes1 defers1 or forgives all escrow advances and other arrearages1 without the charging of any fees or penalties beyond interest on any amount capitalized into the loan principal1 shall be deemed to comply with the requirements of paragraph 7#a77;,b74 7#f7 ,home retention options for certain reverse mortgage loans 7,a7 ,in general ,for a covered mortgage loan which is also a federally insured reverse mortgage loan1 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 default1 the mortgagee shall1 as a precondition to sending a due and payable request to the ,secretary or initiating or continuing a foreclosure process-- 7i7 make a good faith effort to communicate with the borrower regarding available home retention options to cure the property charge default1 including encouraging the borrower to apply for home retention options2 and 7ii7 consider the borrower for all available home retention options as allowed by the ,secretary4 7,b7 ,permissible repayment plans ,the ,secretary shall amend its allowable home retention options to permit a repayment plan of up to #abj months in length1 and to permit a repayment plan without regard to prior defaults on repayment plans4 7,c7 ,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 #ij days after any such plan terminates4 4 7,b7 ,amendment to ,housing ,act of #aidi ,section #eje of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adge7 is amended-- 7i7 by striking the section heading and inserting ,loss ,mitigation and ,foreclosure ,procedures2 7ii7 in subsection 7a71 by striking the section designation and all that follows through ,during any and inserting the following3 #eje4 7a7 ,moratorium--7#a7 ,in determining a borrower's eligibility for relief1 the ,secretary shall make all eligibility decisions based on the borrower's household's income1 expenses1 and circumstances4 7#b7 ,during any 2 7iii7 by redesignating subsection 7b7 as subsection 7c72 and 7iv7 by inserting after subsection 7a7 the following new subsection3 7b7 ,loan ,modification 7#a7 ,notwithstanding any other provision of this title1 for any loan made under section #ejb or #ejd1 the ,secretary may modify the interest rate and extend the term of such loan for up to #cj years from the date of such modification4 7#b7 ,at the end of any moratorium period granted under this section or under the ,,covid-#ai ,,hero ,act1 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 7#a74 4 7#g7 ,multifamily ,mortgage ,forbearance ,section #djbc of the ,,cares ,act 7#ae ,u4,s4,c4 #ijeg7 is amended-- 7,a7 by striking ,federally backed multifamily mortgage loan each place such term appears and inserting multifamily mortgage loan2 7,b7 in subsection 7b71 by striking during and inserting due1 directly or indirectly1 to2 7,c7 in subsection 7c77#a7-- 7i7 in subparagraph 7,a71 by adding and at the end2 and 7ii7 by striking subparagraphs 7,b7 and 7,c7 and inserting the following3 7,b7 provide the forbearance for up to the end of the period described under section #djbd7;b74 2 7,d7 by redesignating subsection 7f7 as subsection 7g72 7,e7 by inserting after subsection 7e7 the following3 7f7 ,treatment after forbearance ,with respect to a multifamily mortgage loan provided a forbearance under this section1 the servicer of such loan-- 7#a7 shall provide the borrower with a #ab-month period beginning at the end of such forbearance to become current on the payments under such loan2 7#b7 may not charge any late fees1 penalties1 or other charges with respect to payments on the loan that were due during the forbearance period1 if such payments are made before the end of the #ab-month period2 and 7#c7 may not report any adverse information to a credit rating agency 7as defined under section #fjc of the ,fair ,credit ,reporting ,act with respect to any payments on the loan that were due during the forbearance period1 if such payments are made before the end of the #ab-month period47 2 and 7,f7 in subsection 7g71 as so redesignated-- 7i7 in paragraph 7#b7-- 7,i7 by striking that-- and all that follows through 7,a7 is secured by and inserting that is secured by2 7,,ii7 by striking 2 and and inserting a period2 and 7,,iii7 by striking subparagraph 7,b72 and 7ii7 by amending paragraph 7#e7 to read as follows3 7#e7 ,covered period ,with respect to a loan1 the term covered period has the meaning given that term under section #djbb7;a77#c74 4 7#h7 ,renter protections during forbearance period ,a borrower that receives a forbearance pursuant to section #djbb or #djbc of the ,,cares ,act 7#ae ,u4,s4,c4 #ijef or #ijeg7 may not1 for the duration of the forbearance-- 7,a7 evict or initiate the eviction of a tenant solely for nonpayment of rent or other fees or charges2 or 7,b7 charge any late fees1 penalties1 or other charges to a tenant for late payment of rent4 7#i7 ,extension of ,,gse ,patch 7,a7 ,non-applicability of existing sunset ,section #ajbf4dc7;e77#d77;iii77,b7 of title #ab1 ,code of ,federal ,regulations1 shall have no force or effect4 7,b7 ,extended sunset ,the special rules in section #ajbf4dc7;e77#d7 of title #ab1 ,code of ,federal ,regulations1 shall apply to covered transactions consummated prior to ,june #a1 #bjbb1 or such later date as the ,director of the ,bureau of ,consumer ,financial ,protection may determine1 by rule4 7#aj7 ,servicer safe harbor from investor liability 7,a7 ,safe harbor 7i7 ,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 7including after the expiration of the covered period7 in accordance with the terms of sections #djbb and #djbc of the ,,cares ,act to borrowers1 respectively1 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 injunction1 stay1 or other equitable relief to such party on account of such offer or implementation of forbearance or post-forbearance loss mitigation4 7ii7 ,other persons ,any person1 including a trustee of a securitization vehicle or other party involved in a securitization or other investment vehicle1 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 #djbb and #djbc of the ,,cares ,act1 respectively1 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 injunction1 stay1 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 mitigation1 including after the expiration of the covered period4 7,b7 ,standard industry practice ,during the covered period1 notwithstanding any contractual restrictions1 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 #djbb and #djbc of the ,,cares ,act to borrowers1 respectively1 on all covered or multifamily mortgage loans it services4 7,c7 ,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 law4 7,d7 ,definitions ,in this paragraph3 7i7 ,covered mortgage loan ,the term covered mortgage loan has the meaning given that term under section #djbb7;a7 of the ,,cares ,act4 7ii7 ,covered period ,the term covered period has the meaning given that term under section #djbc7;g7 of the ,,cares ,act4 7iii7 ,multifamily mortgage loan ,the term multifamily mortgage loan has the meaning given that term under section #djbc7;g7 of the ,,cares ,act4 7iv7 ,servicer ,the term servicer-- 7,i7 has the meaning given the term under section #f7;i7 of the ,real ,estate ,settlement ,procedures ,act of #aigd 7#ab ,u4,s4,c4 #bfje7;i772 and 7,,ii7 means a master servicer and a subservicer1 as such terms are defined1 respectively1 under section #ajbd4ca of title #ab1 ,code of ,federal ,regulations4 7v7 ,securitization vehicle ,the term securitization vehicle has the meaning given that term under section #abi;,a7f7 of the ,truth in ,lending ,act 7#ae ,u4,s4,c4 #afci;a7f774 7#aa7 ,amendments to ,national ,housing ,act ,section #cjf7;g77#a7 of the ,national ,housing ,act 7#ab ,u4,s4,c4 #agba7;a77 is amended-- 7,a7 in the fifth sentence1 by inserting after issued the following3 1 subject to any pledge or grant of security interest of the ,federal ,reserve under section #djjc7;a7 of the ,,cares ,act 7,public ,law #aaf-acf2 #acd ,stat4 #dgj2 #ae ,u4,s4,c4 #ijdb7;a77 and to any such mortgage or mortgages or any interest therein and the proceeds thereon1 which the ,association may elect to approve2 and 7,b7 in the sixth sentence-- 7i7 by striking or 7,c7 and inserting 7,c72 and 7ii7 by inserting before the period the following3 1 or 7,d7 its approval and honoring of any pledge or grant of security interest of the ,federal ,reserve under section #djjc7;a7 of the ,,cares ,act and to any such mortgage or mortgages or any interest therein and proceeds thereon as4 7#ab7 ,bankruptcy protections 7,a7 ,bankruptcy ,protections for ,federal ,coronavirus ,relief ,payments ,section #eda7;b7 of title #aa1 ,united ,states ,code1 is amended-- 7i7 in paragraph 7#i71 in the matter following subparagraph 7,b71 by striking or2 7ii7 in paragraph 7#aj77;,c71 by striking the period at the end and inserting 2 or2 and 7iii7 by inserting after paragraph 7#aj7 the following3 7#aa7 payments made under ,federal law relating to the national emergency declared by the ,president under the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afja et seq47 with respect to the coronavirus disease #bjai 7,,covid-#ai74 4 7,b7 ,protection ,against ,discriminatory ,treatment of ,homeowners in ,bankruptcy ,section #ebe of title #aa1 ,united ,states ,code1 is amended by adding at the end the following3 7d7 ,a person may not be denied any forbearance1 assistance1 or loan modification relief made available to borrowers by a mortgage creditor or servicer because the person is or has been a debtor1 or has received a discharge1 in a case under this title4 4 7,c7 ,increasing the ,homestead ,exemption ,section #ebb of title #aa1 ,united ,states ,code1 is amended-- 7i7 in subsection 7d77#a71 by striking #ae1jjj and inserting #ajj1jjj2 and 7ii7 by adding at the end the following3 7r7 ,notwithstanding any other provision of applicable nonbankruptcy law1 a debtor in any ,state may exempt from property of the estate the property described in subsection 7d77#a7 not to exceed the value in subsection 7d77#a7 if the exemption for such property permitted by applicable nonbankruptcy law is lower than that amount4 4 7,d7 ,effect of ,missed ,mortgage ,payments on ,discharge ,section #acbh of title #aa1 ,united ,states ,code1 is amended by adding at the end the following3 7i7 ,a debtor shall not be denied a discharge under this section because1 as of the date of discharge1 the debtor did not make #f or fewer payments directly to the holder of a debt secured by real property4 7j7 ,notwithstanding subsections 7a7 and 7b71 upon the debtor's request1 the court shall grant a discharge of all debts provided for in the plan that are dischargeable under subsection 7a7 if the debtor-- 7#a7 has made payments under a confirmed plan for at least #a year2 and 7#b7 who is experiencing or has experienced a material financial hardship due1 directly or indirectly1 to the coronavirus disease #bjai 7,,covid-#ai7 pandemic4 4 7,e7 ,expanded eligibility for chapter #ac ,section #aji7;e7 of title #aa1 ,united ,states ,code1 is amended-- 7i7 by striking #bej1jjj each place the term appears and inserting #hej1jjj2 and 7ii7 by striking #gej1jjj each place the term appears and inserting #b1fjj1jjj4 7,f7 ,extended ,cure ,period for ,homeowners ,harmed by ,,covid-#ai ,pandemic 7i7 ,in general ,chapter #ac of title #aa1 ,united ,states ,code1 is amended by adding at the end thereof the following3 #acca4 ,special provisions related to ,,covid-#ai pandemic 7a7 ,notwithstanding subsections 7b77#b7 and 7d7 of section #acbb1 if the debtor is experiencing or has experienced a material financial hardship due1 directly or indirectly1 to the coronavirus disease #bjai 7,,covid-#ai7 pandemic1 a plan may provide for the curing of any default within a reasonable time1 not to exceed #g years after the time that the first payment under the original confirmed plan was due1 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 time4 ,any such plan provision shall not affect the applicable commitment period under section #acbe7;b74 7b7 ,for purposes of sections #acbh7;a7 and #acbh7;b71 any cure or maintenance payments under subsection 7a7 that are made after the end of the period during which the plan provides for payments 7other than payments under subsection 7a77 shall not be treated as payments under the plan4 7c7 ,notwithstanding section #acbi7;c71 a plan modified under section #acbi at the debtor's request may provide for cure or maintenance payments under subsection 7a7 over a period that is not longer than #g years after the time that the first payment under the original confirmed plan was due4 7d7 ,notwithstanding section #cfb7;c77#b71 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 plan1 section #cfb7;a7 shall apply to the holder of a claim for which a default is cured and payments are maintained under subsection 7a7 and to any property securing such claim4 7e7 ,notwithstanding section #acja7;a77#b71 the stay of section #acja7;a7 terminates upon the granting of a discharge under section #acbh with respect to all creditors other than the holder of a claim for which a default is cured and payments are maintained under subsection 7a74 4 7ii7 ,table of contents ,the table of sections of chapter #ac1 title #aa1 ,united ,states ,code1 is amended by adding at the end thereof the following3 ,sec4 #acca4 ,special provisions related to ,,covid-#ai pandemic4 4 7iii7 ,application ,the amendments made by this paragraph shall apply only to any case under title #aa1 ,united ,states ,code1 commenced before #c years after the date of enactment of this subtitle and pending on or commenced after such date of enactment1 in which a plan under chapter #ac of title #aa1 ,united ,states ,code1 was not confirmed before ,march #bg1 #bjba4 7#ac7 ,liquidity for mortgage servicers and residential rental property owners 7,a7 ,in general ,section #djjc of the ,,cares ,act 7#ae ,u4,s4,c4 #ijdb71 is amended by adding at the end the following3 7i7 ,liquidity for mortgage servicers 7#a7 ,in general ,subject to paragraph 7#b71 the ,secretary shall ensure that servicers of covered mortgage loans 7as defined under section #djbb7 and multifamily mortgage loans 7as defined under section #djbc7 are provided the opportunity to participate in the loans1 loan guarantees1 or other investments made by the ,secretary under this section4 ,the ,secretary shall ensure that servicers are provided with access to such opportunities under equitable terms and conditions regardless of their size4 7#b7 ,mortgage servicer eligibility ,in order to receive assistance under subsection 7b77#d71 a mortgage servicer shall-- 7,a7 demonstrate that the mortgage servicer has established policies and procedures to use such funds only to replace funds used for borrower assistance1 including to advance funds as a result of forbearance or other loss mitigation provided to borrowers2 7,b7 demonstrate that the mortgage servicer has established policies and procedures to provide forbearance1 post-forbearance loss mitigation1 and other assistance to borrowers in compliance with the terms of section #djbb or #djbc1 as applicable2 7,c7 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 ,act1 the ,equal ,credit ,opportunity ,act1 and other applicable fair housing and fair lending laws2 and 7,d7 comply with the limitations on compensation set forth in section #djjd4 7#c7 ,mortgage servicer requirements ,a mortgage servicer receiving assistance under subsection 7b77#d7 may not1 while the servicer is under any obligation to repay funds provided or guaranteed under this section-- 7,a7 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 exchange1 except to the extent required under a contractual obligation that is in effect on the date of enactment of this subsection2 or 7,b7 prepay any debt obligation4 4 7,b7 ,credit facility for residential rental property owners 7i7 ,in general ,the ,board of ,governors of the ,federal ,reserve ,system shall-- 7,i7 establish a facility1 using amounts made available under section #djjc7;b77#d7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijdb7;b77#d771 to make long-term1 low-cost loans to residential rental property owners as to temporarily compensate such owners for documented financial losses caused by reductions in rent payments2 and 7,,ii7 defer such owners' required payments on such loans until after six months after the date of enactment of this subtitle4 7ii7 ,requirements ,a borrower that receives a loan under this subsection may not1 for the duration of the loan-- 7,i7 evict or initiate the eviction of a tenant solely for nonpayment of rent or other fees or charges2 7,,ii7 charge any late fees1 penalties1 or other charges to a tenant for late payment of rent2 and 7,,iii7 with respect to a person or entity described under clause 7iv71 discriminate on the basis of source of income4 7iii7 ,report on residential rental property owners ,the ,board of ,governors shall issue a report to the ,congress containing the following1 with respect to each property owner receiving a loan under this subsection3 7,i7 ,the number of borrowers that received assistance under this subsection4 7,,ii7 ,the average total loan amount that each borrower received4 7,,iii7 ,the total number of rental units that each borrower owned4 7,,iv7 ,the average rent charged by each borrower4 7iv7 ,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 that1 in aggregate1 owns-- 7,i7 more than #ajj rental units that are located within a single ,metropolitan ,statistical ,area2 7,,ii7 more than #a1jjj rental units nationwide2 or 7,,iii7 rental units in three or more ,states4 7,c7 ,mortgage performance data ,section #djjc7;c7 of the ,,cares ,act 7,public ,law #aaf-acf7 is amended by adding at the end the following3 7#d7 ,mortgage performance data 7,a7 ,monthly report 7i7 ,in general ,a servicer of a residential mortgage loan receiving a loan1 loan guarantee1 or any other investment under this section shall1 beginning in the first month in which the loan1 loan guarantee1 or investment was received1 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 servicer4 7ii7 ,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 paragraph4 7iii7 ,time period for reports ,reports under this paragraph shall be provided by a servicer every month in which a loan1 loan guarantee1 or any other investment under this section has been received and for #b years following such receipt4 7,b7 ,identifying information ,each monthly report required under subparagraph 7,a7 shall include the following loan-level identifying information3 7i7 ,demographic data1 for each borrower1 including race1 ethnicity1 sex1 and age4 7ii7 ,the location of the property1 including by ,state1 ,metropolitan ,statistical ,area1 postal code1 census tract1 and ,metropolitan ,district1 if applicable4 7iii7 ,loan origination information1 including original unpaid principal balance1 original interest rate1 first payment date1 original loan term1 and lien status 7first or subordinate74 7iv7 ,loan type and type of loan purchaser1 as described under section #cjd of the ,home ,mortgage ,disclosure ,act of #aige 7#ab ,u4,s4,c4 #bhjc7 and the rules issued to carry out such section4 7,c7 ,loan performance data ,each monthly report required under subparagraph 7,a7 shall include the following loan-level loan performance data3 7i7 ,current loan information1 including current actual unpaid principal balance1 current interest rate1 current loan delinquency status 7based on the number of days the borrower is delinquent in payments based on the due date of the last paid loan payment71 loan performance status 7including current1 forbearance1 repayment plan1 referred to foreclosure1 trial modification1 permanent modification1 or foreclosed71 and the date of the event leading to such status4 7ii7 ,loss mitigation information1 including-- 7,i7 whether the loan is currently being evaluated for loss mitigation1 and if so the date upon which the current loss mitigation process was initiated and the date of complete application1 if any2 7,,ii7 the disposition of any previous loss mitigation evaluation reported pursuant to subclause 7,i7 and the date of disposition1 including-- 7aa7 denied2 7bb7 temporary or short-term agreement1 such as a repayment agreement or forbearance1 and the length of such agreement 7in months72 7cc7 trial loan modification2 7dd7 permanent loan modification2 or 7ee7 other type of loss mitigation2 and 7,,iii7 for each permanent modification-- 7aa7 whether the permanent modification included one or more of-- 7,,aa7 additions of delinquent payments and fees to loan balances2 7,,bb7 interest rate reductions and freezes2 7,,cc7 term extensions2 7,,dd7 reductions of principal2 or 7,,ee7 deferrals of principal2 and 7bb7 whether the total monthly principal and interest payment1 as a result of the permanent modification-- 7,,aa7 increased2 7,,bb7 remained the same2 7,,cc7 decreased less than #aj percent2 7,,dd7 decreased between #aj and #bj percent2 or 7,,ee7 decreased #bj percent or more4 7,d7 ,forbearance data ,each monthly report required under subparagraph 7,a7 shall include1 with respect to each loan for which a forbearance has been reported under subparagraph 7,c77i71 forbearance-specific data1 including-- 7i7 the total months of total forbearance granted to date2 and 7ii7 the number of renewals of forbearance to date4 7,e7 ,public availability of aggregate data 7i7 ,in general ,using data submitted by servicers under this paragraph1 the ,director of the ,bureau of ,consumer ,financial ,protection shall make available aggregate data by servicer for each ,state1 ,metropolitan ,statistical ,area1 and ,metropolitan ,division1 as defined by the ,office of ,management and ,budget4 ,such aggregate data shall be provided monthly by the ,director to ,congress and posted on the ,bureau of ,consumer ,financial ,protection's website4 7ii7 ,exception for certain personally identifiable data ,if aggregate data described under clause 7i7 is nonetheless reasonably personally identifiable1 the ,director may report the aggregate data by servicer on the next larger geographic unit 7such that1 for example1 data would not be reported by ,municipal ,division but only by ,metropolitan ,statistical ,area and ,state74 7,f7 ,implementation ,the ,director of the ,bureau of ,consumer ,financial ,protection shall1 within #fj days of the date of enactment of this paragraph1 and in consultation with the ,director of the ,federal ,housing ,finance ,agency and the ,comptroller of the ,currency1 prescribe the format and method of submission of the data required under this paragraph4 ,the ,director of the ,bureau may prescribe rules for the collection of the data in order to ensure accuracy1 transparency1 and complete data collection1 including the collection and reporting of additional data elements1 but may not require reporting of fewer data elements than prescribed by this paragraph nor less frequent reporting than required by this paragraph4 7,g7 ,definitions ,in this paragraph3 7i7 ,,covid-#ai emergency ,the term ,,covid-#ai emergency means the national emergency concerning the novel coronavirus disease 7,,covid-#ai7 outbreak declared by the ,president on ,march #ac1 #bjbj1 under the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afja et seq474 7ii7 ,residential mortgage loan ,the term residential mortgage loan has the meaning given that term under section #ajc7;dd7 of the ,truth in ,lending ,act 7#ae ,u4,s4,c4 #afjb7;dd774 7iii7 ,servicer ,the term servicer has the meaning given in section #f7;i7 of the ,real ,estate ,settlement ,procedures ,act of #aigd 7#ab ,u4,s4,c4 #bfje7;i774 4 ,t ,improving ,,fha ,support for ,small ,dollar ,mortgages ,act #dbjja4 ,short title ,this subtitle may be cited as the ,improving ,,fha ,support for ,small ,dollar ,mortgages ,act of #bjbj4 #dbjjb4 ,review of ,,fha small-dollar mortgage practices 7a7 ,congressional findings ,the ,congress finds that-- 7#a7 affordable homeownership opportunities are being hindered due to the lack of financing available for home purchases under #gj1jjj2 7#b7 according to the ,urban ,institute1 small-dollar mortgage loan applications in #bjag were denied by lenders at double the rate of denial for large mortgage loans1 and this difference in denial rates cannot be fully explained by differences in the applicants' credit profiles2 7#c7 according to data compiled by ,attom ,data solutions1 small-dollar mortgage originations have decreased #ch percent since #bjji1 while there has been a #fe percent increase in origination of mortgages for more than #aej1jjj2 7#d7 the ,,fha's mission is to serve creditworthy borrowers who are underserved and1 according to the ,urban ,institute1 the ,,fha serves #bd percent of the overall market1 but only #ai percent of the small-dollar mortgage market2 and 7#e7 the causes behind these variations are not fully understood1 but merit study that could assist in furthering the ,department of ,housing and ,urban ,development's mission1 including meeting the housing needs of borrowers the program is designed to serve and reducing barriers to homeownership1 while protecting the solvency of the ,mutual ,mortgage ,insurance ,fund4 7b7 ,review ,the ,secretary of ,housing and ,urban ,development shall conduct a review of its ,,fha single-family mortgage insurance policies1 practices1 and products to identify any barriers or impediments to supporting1 facilitating1 and making available mortgage insurance for mortgages having an original principal obligation of #gj1jjj or less4 ,not later than the expiration of the #ab-month period beginning on the date of the enactment of this subtitle1 the ,secretary shall submit a report to the ,congress describing the findings of such review and the actions that the ,secretary will take1 without adversely affecting the solvency of the ,mutual ,mortgage ,insurance ,fund1 to remove such barriers and impediments to providing mortgage insurance for such mortgages4 ,u ,rental ,eviction ,moratorium #dbaja4 ,short title ,this subtitle may be cited as the ,rental ,eviction ,moratorium ,act of #bjbj4 #dbajb4 ,temporary moratorium on eviction filings 7a7 ,congressional findings ,the ,congress finds that-- 7#a7 according to the #bjah ,american ,community ,survey1 #cf percent of households in the ,united ,states--more than #dc million households--are renters2 7#b7 in #bjai alone1 renters in the ,united ,states paid #eab billion in rent2 7#c7 according to the ,joint ,center for ,housing ,studies of ,harvard ,university1 #bj4h million renters in the ,united ,states spent more than #cj percent of their incomes on housing in #bjah and #aj4i million renters spent more than #ej percent of their incomes on housing in the same year2 7#d7 ,moody's ,analytics estimates that #bg million jobs in the ,united ,states economy are at high risk because of ,,covid-#ai2 7#e7 the impacts of the spread of ,,covid-#ai1 which is now considered a global pandemic1 are expected to negatively impact the incomes of potentially millions of renter households1 making it difficult for them to pay their rent on time2 and 7#f7 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 possible4 7b7 ,moratorium ,during the period beginning on the date of the enactment of this subtitle and ending on the date described in paragraph 7#a7 of subsection 7d71 the lessor of a covered dwelling may not make1 or cause to be made1 any filing with the court of jurisdiction to initiate a legal action to recover possession of the covered dwelling from the tenant regardless of cause1 except when a tenant perpetrates a serious criminal act that threatens the health1 life1 or safety of other tenants or staff of the property in which the covered dwelling is located4 7c7 ,definitions ,for purposes of this section1 the following definitions shall apply3 7#a7 ,covered dwelling ,the term covered dwelling means a dwelling that is occupied by a tenant-- 7,a7 pursuant to a residential lease2 or 7,b7 without a lease or with a lease terminable at will under ,state law4 7#b7 ,dwelling ,the term dwelling has the meaning given such term in section #hjb of the ,fair ,housing ,act 7#db ,u4,s4,c4 #cfjb7 and includes houses and dwellings described in section #hjc7;b7 of such ,act 7#db ,u4,s4,c4 #cfjc7;b774 7d7 ,sunset 7#a7 ,sunset date ,the date described in this paragraph is the date of the expiration of the #f-month period that begins upon the termination by the ,federal ,emergency ,management ,agency of the emergency declared on ,march #ac1 #bjbj1 by the ,president under the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #daba et seq47 relating to the ,coronavirus ,disease #bjai 7,,covid-#ai7 pandemic4 7#b7 ,notice to vacate after sunset date ,after the date described in paragraph 7#a71 the lessor of a covered dwelling may not require the tenant to vacate the covered dwelling before the expiration of the #cj-;day period that begins upon the provision by the lessor to the tenant1 after the date described in paragraph 7#a71 of a notice to vacate the covered dwelling4 ,v ,education ,a ,computer ,science for ,all #ejaja4 ,short title ,this subtitle may be cited as the ,computer ,science for ,all ,act of #bjbj4 #ejajb4 ,findings ,congress finds that3 7#a7 ,computer science is transforming industry1 creating new fields of commerce1 driving innovation1 and bolstering productivity4 7#b7 ,there are more than #ebj1jjj computing jobs unfilled in the ,united ,states as of ,january #bjag4 ,it is projected that there will be #a1djj1jjj new jobs in the technology sector by #bjbj2 however1 #gj percent of those jobs will be unfulfilled at the rate ,american universities are producing qualified graduates4 7#c7 ,knowledge of computer science and use of technology is increasingly essential for all individuals1 not just those working or planning to work in the technology sector4 7#d7 ,providing students with computer science education in elementary school and secondary school is critical for student success1 and strengthening the workforce of a #bast century economy4 7#e7 ,while an estimated #ij percent of parents want computer science taught in their children's schools1 just #be percent of all elementary schools and secondary schools offer high-quality computer science instruction that includes programming and coding4 7#f7 ,african-,americans1 ,latinos1 ,native ,americans1 and ,pacific ,islanders are disproportionately underrepresented in the technology sector4 ,about #i percent of graduates from the ,nation's top computer science programs are from underrepresented minority groups4 ,however1 only #e percent of employees at large tech firms belong to an underrepresented minority group 7#g7 ,while underrepresented minority students overall face an opportunity gap in ,,steam education1 women of color particularly face an achievement gap in science and engineering education4 ,in #bjab1 while women received #dh4h percent of all bachelor's degrees in science and engineering majors1 women of color received only #ae4g percent 7,black3 #e4c percent2 ,latino3 #e4e percent2 ,native ,american or ,alaska ,native3 #j4c percent1 and ,asian or ,pacific ,islander3 #d4f percent74 7#h7 ,women overall face challenges in accessing computer science education4 ,only #ah percent of all bachelor's degrees awarded in computer science in #bjab went to women1 and women of color received only #f4f percent 7,black3 #c4j percent2 ,latino3 #a4g percent2 ,native ,american or ,alaska ,native3 #j4a percent1 and ,asian or ,pacific ,islander3 #a4h percent74 7#i7 ,disparities in enrollment and academic achievement start early4 ,in #bjaf1 only #bc percent of students taking the ,,ap ,computer ,science exam were women1 and just #af percent were ,african-,american or ,latino4 7#aj7 ,nationwide1 only #hh ,native ,american students took the ,,ap ,computer ,science exam in #bjaf1 a decrease from #bjae4 ,this means that while ,native ,americans make up about #a4a percent of the ,u4,s4 student population1 they made up #a_/e of a percent of students who took ,,ap ,computer ,science exams in #bjaf4 #ejajc4 ,definitions ,in this subtitle3 7#a7 ,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 computer1 and may involve some understanding of software and hardware design1 logic and the use of abstraction and representation1 algorithm design1 algorithm expression1 problem decomposition1 modularity1 programming paradigms and languages1 issues of information security and privacy1 the application of computation across a wide range of disciplines1 and the societal impact of computing4 ,programming is a hands-on1 inquiry-based way in which computational thinking may be learned4 7#b7 ,computer science education ,the term computer science education includes any of the following3 computational thinking2 software design2 hardware architecture and organization2 theoretical foundations2 use of abstraction and representation in problem solving2 logic2 algorithm design and implementation2 the limits of computation2 programming paradigms and languages2 parallel and distributed computing2 information security and privacy2 computing systems and networks2 graphics and visualization2 databases and information retrieval2 the relationship between computing and mathematics2 artificial intelligence2 applications of computing across a broad range of disciplines and problems2 and the social impacts and professional practices of computing4 7#c7 ,eligible ,tribal school ,the term eligible ,tribal school means-- 7,a7 a school operated by the ,bureau of ,indian ,education2 7,b7 a school operated pursuant to the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej et seq472 or 7,c7 a tribally controlled school 7as defined in section #ebab of the ,tribally ,controlled ,schools ,act of #aihh 7#be ,u4,s4,c4 #beaa774 7#d7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb74 7#e7 ,local educational agency ,the term local educational agency has the meaning given the term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #haja74 7#f7 ,poverty line ,the term poverty line has the meaning given the term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #haja74 7#g7 ,secretary ,the term ,secretary means the ,secretary of ,education4 7#h7 ,steam ,the term ,,steam means the subjects of science1 technology1 engineering1 arts1 and mathematics1 including computer science4 #ejajd4 ,grants to states1 local educational agencies1 and eligible ,tribal schools 7a7 ,grants to states1 local educational agencies1 and eligible ,tribal schools 7#a7 ,in general ,the ,secretary shall award grants to ,states1 local educational agencies1 and eligible ,tribal schools-- 7,a7 that demonstrate an ability to carry out an ambitious computer science education expansion effort for all students served by the ,state1 agency1 or school1 including traditionally underrepresented students2 and 7,b7 to serve as models for national replication of computer science education expansion efforts4 7#b7 ,consortia and partnerships ,a ,state1 local educational agency1 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 partner4 7#c7 ,duration ,grants awarded under this section shall be for a period of not more than #e years4 7b7 ,application requirements ,a ,state1 local educational agency1 or eligible ,tribal school that desires a grant under this section shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require1 including1 at a minimum1 plans for the following3 7#a7 ,every high school student served by the ,state1 local educational agency1 or eligible ,tribal school to have access to computer science education not later than #e years after receipt of grant funds4 7#b7 ,all students served by the ,state1 local educational agency1 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 education4 7#c7 ,expansion of overall access to rigorous ,,steam classes1 utilizing computer science as a catalyst for increased interest in ,,steam more broadly1 and reducing the enrollment and academic achievement gap for underrepresented groups such as minorities1 girls1 and youth from families living at1 or below1 the poverty line4 7#d7 ,continuous monitoring and evaluation of project activities4 7#e7 ,effectively sustaining project activities after the grant period ends1 and the length of time which the applicant plans to sustain the project activities4 7c7 ,use of grant funds 7#a7 ,required activities ,a ,state1 local educational agency1 or eligible ,tribal school that receives a grant under this section shall use the grant funds for the following activities3 7,a7 ,training teachers to teach computer science4 7,b7 ,expanding access to high-quality learning materials and online learning options4 7,c7 ,creating plans for expanding overall access to rigorous ,,steam classes1 utilizing computer science as a catalyst for increased interest in ,,steam more broadly1 and reducing course equity gaps for all students1 including underrepresented groups such as minorities1 girls1 and youth from low-income families4 7,d7 ,ensuring additional support and resources1 which may include mentoring for students traditionally underrepresented in ,,steam fields4 7#b7 ,permissible activities ,a ,state1 local educational agency1 or eligible ,tribal school that receives a grant under this section may use the grant funds for the following activities3 7,a7 ,building effective regional collaborations with industry1 nonprofit organizations1 #b-year and #d-year degree granting institutions of higher education 7including community colleges1 ,historically ,black ,colleges and ,universities1 ,hispanic-serving institutions1 ,asian ,american and ,native ,american ,pacific ,islander-serving institutions1 ,american ,indian ,tribally controlled colleges and universities1 ,alaska ,native and ,native ,hawaiian-serving institutions1 ,predominantly ,black ,institutions1 ,native ,american-serving1 ,non-,tribal institutions1 and other minority-serving institutions71 and out-of-school providers4 7,b7 ,recruiting and hiring instructional personnel as needed1 including curriculum specialists4 7,c7 ,preparations for effectively sustaining project activities after the grant period ends4 7,d7 ,disseminating information about effective practices4 7#c7 ,limitation ,not more than #ae percent of a grant may be used to purchase equipment4 7d7 ,national activities ,the ,secretary may reserve not more than #b4e percent of funds available for grants under this section for national activities1 including technical assistance1 evaluation1 and dissemination4 7e7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section #bej1jjj1jjj4 #ejaje4 ,reporting requirements 7a7 ,grantee reports ,each ,state1 local educational agency1 and eligible ,tribal school that receives a grant under this subtitle shall submit to the ,secretary a report1 not less than twice a year during the grant period1 on the use of grant funds that shall include data on the numbers of students served through activities funded under this subtitle1 disaggregated by race 7for ,asian and ,native ,hawaiian or ,pacific ,islander students using the same race response categories as the decennial census of the population71 ethnicity1 gender1 and eligibility to receive a free or reduced price lunch under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq474 7b7 ,report by the ,secretary ,not later than #e years after the first grant is awarded under this subtitle1 the ,secretary shall submit to ,congress a report based on the analysis of reports received under subsection 7a7 with a recommendation on how to expand the program under this subtitle4 ,b ,real ,education for ,healthy ,youth #ejbja4 ,short title ,this subtitle may be cited as the ,real ,education for ,healthy ,youth ,act of #bjbj4 #ejbjb4 ,purposes2 finding2 sense of ,congress 7a7 ,purposes ,the purposes of this subtitle are to provide young people with comprehensive sex education programs that-- 7#a7 promote and uphold the rights of young people to information in order to make healthy decisions about their sexual health2 7#b7 provide the information and skills all young people need to make informed1 responsible1 and healthy decisions in order to become sexually healthy adults and have healthy relationships2 7#c7 provide information about the prevention of unintended pregnancy1 sexually transmitted infections1 including ,,hiv1 dating violence1 sexual assault1 bullying1 and harassment2 and 7#d7 provide resources and information on topics ranging from gender stereotyping and gender roles and stigma and socio-cultural influences surrounding sex and sexuality4 7b7 ,finding on required resources ,in order to provide the comprehensive sex education described in subsection 7a71 ,congress finds that increased resources are required for sex education programs that-- 7#a7 substantially incorporate elements of evidence-based programs or characteristics of effective programs2 7#b7 cover a broad range of topics1 including medically accurate and complete information that is age and developmentally appropriate about all the aspects of sex1 sexual health1 and sexuality2 7#c7 are gender and gender identity-sensitive1 emphasizing the importance of equality and the social environment for achieving sexual and reproductive health and overall well-being2 7#d7 promote educational achievement1 critical thinking1 decision making1 self-esteem1 and self-efficacy2 7#e7 help develop healthy attitudes and insights necessary for understanding relationships between oneself and others and society2 7#f7 foster leadership skills and community engagement by-- 7,a7 promoting principles of fairness1 human dignity1 and respect2 and 7,b7 engaging young people as partners in their communities2 and 7#g7 are culturally and linguistically appropriate1 reflecting the diverse circumstances and realities of young people4 7c7 ,sense of congress ,it is the sense of ,congress that-- 7#a7 federally funded sex education programs should aim to-- 7,a7 provide information about a range of human sexuality topics1 including-- 7i7 human development1 healthy relationships1 personal skills2 7ii7 sexual behavior including abstinence2 7iii7 sexual health including preventing unintended pregnancy2 7iv7 sexually transmitted infections including ,,hiv2 and 7v7 society and culture2 7,b7 promote safe and healthy relationships2 7,c7 promote gender equity2 7,d7 use1 and be informed by1 the best scientific information available2 7,e7 be culturally appropriate and inclusive of youth with varying gender identities1 gender expressions1 and sexual orientations2 7,f7 be built on characteristics of effective programs2 7,g7 expand the existing body of research on comprehensive sex education programs through program evaluation2 7,h7 expand training programs for teachers of comprehensive sex education2 7,i7 build on programs funded under section #eac of the ,social ,security ,act 7#db ,u4,s4,c4 #gac7 and the ,office of ,adolescent ,health's ,teen ,pregnancy ,prevention ,program1 funded under title ,,ii of the ,consolidated ,appropriations ,act1 #bjaj 7,public ,law #aaa-aag2 #abc ,stat4 #cbec71 and on programs supported through the ,centers for ,disease ,control and ,prevention 7,,cdc72 and 7,j7 promote and uphold the rights of young people to information in order to make healthy and autonomous decisions about their sexual health2 and 7#b7 no ,federal funds should be used for health education programs that-- 7,a7 withhold health-promoting or life-saving information about sexuality-related topics1 including ,,hiv2 7,b7 are medically inaccurate or have been scientifically shown to be ineffective2 7,c7 promote gender or racial stereotypes2 7,d7 are insensitive and unresponsive to the needs of sexually active young people2 7,e7 are insensitive and unresponsive to the needs of survivors of sexual violence2 7,f7 are insensitive and unresponsive to the needs of youth of all physical1 developmental1 and mental abilities2 7,g7 are insensitive and unresponsive to the needs of youth with varying gender identities1 gender expressions1 and sexual orientations2 or 7,h7 are inconsistent with the ethical imperatives of medicine and public health4 #ejbjc4 ,grants for comprehensive sex education for adolescents 7a7 ,program authorized ,the ,secretary1 in coordination with the ,associate ,commissioner of the ,family and ,youth ,services ,bureau of the ,administration on ,children1 ,youth1 and ,families of the ,department of ,health and ,human ,services1 the ,director of the ,office of ,adolescent ,health1 the ,director of the ,division of ,adolescent and ,school ,health within the ,centers for ,disease ,control and ,prevention and the ,secretary of ,education1 shall award grants1 on a competitive basis1 to eligible entities to enable such eligible entities to carry out programs that provide adolescents with comprehensive sex education1 as described in subsection 7f74 7b7 ,duration ,grants awarded under this section shall be for a period of #e years4 7c7 ,eligible entity ,in this section1 the term eligible entity means a public or private entity that focuses on adolescent health and education or has experience working with adolescents4 7d7 ,applications ,an eligible entity desiring a grant under this section shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require1 including an assurance to participate in the evaluation described in section #ejbjf4 7e7 ,priority ,in awarding grants under this section1 the ,secretary shall give priority to eligible entities that-- 7#a7 are ,state or local public entities2 7#b7 are entities not currently receiving funds under-- 7,a7 section #eac of the ,social ,security ,act 7#db ,u4,s4,c4 #gac72 7,b7 the ,office of ,adolescent ,health's ,teen ,pregnancy ,prevention ,program1 funded under title ,,ii of the ,consolidated ,appropriations ,act1 #bjaj 7,public ,law #aaa-aag2 #abc ,stat4 #cbec71 or any substantially similar successive program2 or 7,c7 the ,centers for ,disease ,control and ,prevention's ,division of ,adolescent and ,school ,health2 and 7#c7 address health inequities among young people that face systemic barriers resulting in disproportionate rates of not less than one of the following3 7,a7 ,unintended pregnancies4 7,b7 ,sexually transmitted infections1 including ,,hiv4 7,c7 ,dating violence and sexual violence4 7f7 ,use of funds 7#a7 ,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-- 7,a7 is age and developmentally appropriate2 7,b7 is medically accurate and complete2 7,c7 substantially incorporates elements of evidence-based sex education instruction2 or 7,d7 creates a demonstration project based on characteristics of effective programs4 7#b7 ,contents of comprehensive sex education programs ,the comprehensive sex education programs funded under this section shall include instruction and materials that address-- 7,a7 the physical1 social1 and emotional changes of human development1 including human anatomy1 reproduction1 and sexual development2 7,b7 healthy relationships1 including friendships1 within families1 and society1 that are based on mutual respect1 and the ability to distinguish between healthy and unhealthy relationships1 including-- 7i7 effective communication1 negotiation1 and refusal skills1 including the skills to recognize and report inappropriate or abusive sexual advances2 7ii7 bodily autonomy1 setting and respecting personal boundaries1 practicing personal safety1 and consent2 and 7iii7 the limitations and harm of gender-role stereotypes1 violence1 coercion1 bullying1 harassment1 and intimidation in relationships2 7,c7 healthy decision making skills about sexuality and relationships that include-- 7i7 critical thinking1 problem solving1 self-efficacy1 stress-management1 self-care1 and decision making2 7ii7 individual values and attitudes2 7iii7 the promotion of positive body images2 7iv7 developing an understanding that there are a range of body types and encouraging positive feeling about students' own body types2 7v7 information on how to respect others and ensure safety on the internet and when using other forms of digital communication2 7vi7 information on local services and resources where students can obtain additional information related to bullying1 harassment1 dating violence and sexual assault1 suicide prevention1 and other related care2 7vii7 encouragement for youth to communicate with their parents or guardians1 health and social service professionals1 and other trusted adults about sexuality and intimate relationships2 7viii7 information on how to create a safe environment for all students and others in society2 7ix7 examples of varying types of relationships1 couples1 and family structures2 and 7x7 affirmative representation of varying gender identities1 gender expressions1 and sexual orientations1 including individuals and relationships between same sex couples and their families2 7,d7 abstinence1 delaying age of first sexual activity1 the use of condoms1 preventive medication1 vaccination1 birth control1 and other sexually transmitted infection prevention measures1 and the options for pregnancy1 including parenting1 adoption1 and abortion1 including-- 7i7 the importance of effectively using condoms1 preventive medication1 and applicable vaccinations to protect against sexually transmitted infections1 including ,,hiv2 7ii7 the benefits of effective contraceptive and condom use in avoiding unintended pregnancy2 7iii7 the relationship between substance use and sexual health and behaviors2 and 7iv7 information about local health services where students can obtain additional information and services related to sexual and reproductive health and other related care2 7,e7 through affirmative recognition1 the roles that traditions1 values1 religion1 norms1 gender roles1 acculturation1 family structure1 health beliefs1 and political power play in how students make decisions that affect their sexual health1 using examples of various types of races1 ethnicities1 cultures1 and families1 including single-parent households and young families2 7,f7 information about gender identity1 gender expression1 and sexual orientation for all students1 including-- 7i7 affirmative recognition that people have different gender identities1 gender expressions1 and sexual orientations2 and 7ii7 community resources that can provide additional support for individuals with varying gender identities1 gender expressions1 and sexual orientations2 and 7,g7 opportunities to explore the roles that race1 ethnicity1 immigration status1 disability status1 economic status1 homelessness1 foster care status1 and language within different communities affect sexual attitudes in society and culture and how this may impact student sexual health4 #ejbjd4 ,grants for comprehensive sex education at institutions of higher education 7a7 ,program authorized ,the ,secretary1 in coordination with the ,secretary of ,education1 shall award grants1 on a competitive basis1 to institutions of higher education or consortia of such institutions to enable such institutions to provide young people with comprehensive sex education1 described in subsection 7e77#b74 7b7 ,duration ,grants awarded under this section shall be for a period of #e years4 7c7 ,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 time1 in such manner1 and containing such information as the ,secretary may require1 including an assurance to participate in the evaluation described in section #ejbjf4 7d7 ,priority ,in awarding grants under this section1 the ,secretary shall give priority to an institution of higher education that-- 7#a7 has an enrollment of needy students as defined in section #cah7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;e7b772 7#b7 is a ,hispanic-serving institution1 as defined in section #ejb7;a7 of such ,act 7#bj ,u4,s4,c4 #aaja;a7a772 7#c7 is a ,tribal ,college or ,university1 as defined in section #caf7;b7 of such ,act 7#bj ,u4,s4,c4 #ajei;c7b772 7#d7 is an ,alaska ,native-serving institution1 as defined in section #cag7;b7 of such ,act 7#bj ,u4,s4,c4 #ajei;d7b772 7#e7 is a ,native ,hawaiian-serving institution1 as defined in section #cag7;b7 of such ,act 7#bj ,u4,s4,c4 #ajei;d7b772 7#f7 is a ,predominately ,black ,institution1 as defined in section #cah7;b7 of such ,act 7#bj ,u4,s4,c4 #ajei;e7b772 7#g7 is a ,native ,american-serving1 non-,tribal institution1 as defined in section #cai7;b7 of such ,act 7#bj ,u4,s4,c4 #ajei;f7b772 7#h7 is an ,asian ,american and ,native ,american ,pacific ,islander-serving institution1 as defined in section #cbj7;b7 of such ,act 7#bj ,u4,s4,c4 #ajei;g7b772 or 7#i7 is a minority institution1 as defined in section #cfe of such ,act 7#bj ,u4,s4,c4 #ajfgk71 with an enrollment of needy students1 as defined in section #cab of such ,act 7#bj ,u4,s4,c4 #ajeh74 7e7 ,uses of funds 7#a7 ,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 students1 by carrying out one or more of the following activities3 7,a7 ,developing or adopting educational content for issues relating to comprehensive sex education that will be incorporated into student orientation1 general education1 or core courses4 7,b7 ,developing or adopting1 and implementing schoolwide educational programming outside of class that delivers elements of comprehensive sex education programs to students1 faculty1 and staff4 7,c7 ,developing or adopting innovative technology-based approaches to deliver sex education to students1 faculty1 and staff4 7,d7 ,developing or adopting1 and implementing peer-outreach and education programs to generate discussion1 educate1 and raise awareness among students about issues relating to comprehensive sex education4 7#b7 ,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 #ejbjc7;f77#b74 #ejbje4 ,grants for pre-service and in-service teacher training 7a7 ,program authorized ,the ,secretary1 in coordination with the ,director of the ,centers for ,disease ,control and ,prevention and the ,secretary of ,education1 shall award grants1 on a competitive basis1 to eligible entities to enable such eligible entities to carry out the activities described in subsection 7e74 7b7 ,duration ,grants awarded under this section shall be for a period of #e years4 7c7 ,eligible entity ,in this section1 the term eligible entity means-- 7#a7 a ,state educational agency2 7#b7 a local educational agency2 7#c7 a ,tribe or ,tribal organization1 as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd72 7#d7 a ,state or local department of health2 7#e7 a ,state or local department of education2 7#f7 an educational service agency2 7#g7 a nonprofit institution of higher education2 7#h7 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 education2 or 7#i7 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 education4 7d7 ,application ,an eligible entity desiring a grant under this section shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require1 including an assurance to participate in the evaluation described in section #ejbjf4 7e7 ,authorized activities 7#a7 ,required activity ,each eligible entity receiving a grant under this section shall use grant funds for professional development and training of relevant faculty1 school administrators1 teachers1 and staff1 in order to increase effective teaching of comprehensive sex education to students4 7#b7 ,permissible activities ,each eligible entity receiving a grant under this section may use grant funds to-- 7,a7 provide research-based training of teachers for comprehensive sex education for adolescents as a means of broadening student knowledge about issues related to human development1 healthy relationships1 personal skills1 and sexual behavior1 including abstinence1 sexual health1 and society and culture2 7,b7 support the dissemination of information on effective practices and research findings concerning the teaching of comprehensive sex education2 7,c7 support research on-- 7i7 effective comprehensive sex education teaching practices2 and 7ii7 the development of assessment instruments and strategies to document-- 7,i7 student understanding of comprehensive sex education2 and 7,,ii7 the effects of comprehensive sex education2 7,d7 convene national conferences on comprehensive sex education1 in order to effectively train teachers in the provision of comprehensive sex education2 and 7,e7 develop and disseminate appropriate research-based materials to foster comprehensive sex education4 7#c7 ,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 faculty1 school administrators1 teachers1 and staff on comprehensive sex education to-- 7,a7 train teachers in comprehensive sex education2 7,b7 support internet or distance learning related to comprehensive sex education2 7,c7 promote rigorous academic standards and assessment techniques to guide and measure student performance in comprehensive sex education2 7,d7 encourage replication of best practices and model programs to promote comprehensive sex education2 7,e7 develop and disseminate effective1 research-based comprehensive sex education learning materials2 7,f7 develop academic courses on the pedagogy of sex education at institutions of higher education2 or 7,g7 convene ,state-based conferences to train teachers in comprehensive sex education and to identify strategies for improvement4 #ejbjf4 ,impact evaluation and reporting 7a7 ,multi-,year evaluation 7#a7 ,in general ,not later than #f months after the date of the enactment of this ,act1 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 #ejbjc1 #ejbjd1 and #ejbje1 and to report to ,congress and the ,secretary on the findings of such evaluation4 7#b7 ,evaluation ,the evaluation conducted under this subsection shall-- 7,a7 be conducted in a manner consistent with relevant1 nationally recognized professional and technical evaluation standards2 7,b7 use sound statistical methods and techniques relating to the behavioral sciences1 including quasi-experimental designs1 inferential statistics1 and other methodologies and techniques that allow for conclusions to be reached2 7,c7 be carried out by an independent organization that has not received a grant under section #ejbjc1 #ejbjd1 or #ejbje2 and 7,d7 be designed to provide information on-- 7i7 output measures1 such as the number of individuals served under the grant and the number of hours of instruction2 7ii7 outcome measures1 including measures relating to-- 7,i7 the knowledge that individuals participating in the grant program have gained with respect to-- 7aa7 growth and development2 7bb7 relationship dynamics2 7cc7 ways to prevent unintended pregnancy and sexually transmitted infections1 including ,,hiv2 and 7dd7 sexual health2 7,,ii7 the age and developmentally appropriate skills that individuals participating in the grant program have gained regarding-- 7aa7 negotiation and communication2 7bb7 decision making and goal-setting2 7cc7 interpersonal skills and healthy relationships2 and 7dd7 condom use2 and 7,,iii7 the behaviors of adolescents participating in the grant program1 including data about-- 7aa7 age of first intercourse2 7bb7 condom and contraceptive use at first intercourse2 7cc7 recent condom and contraceptive use2 7dd7 substance use2 7ee7 dating abuse and lifetime history of sexual assault1 dating violence1 bullying1 harassment1 stalking2 and 7ff7 academic performance2 and 7iii7 other measures necessary to evaluate the impact of the grant program4 7#c7 ,report ,not later than #f years after the date of enactment of this ,act1 the organization conducting the evaluation under this subsection shall prepare and submit to the appropriate committees of ,congress and the ,secretary an evaluation report4 ,such report shall be made publicly available1 including on the website of the ,department of ,health and ,human ,services4 7b7 ,secretary's report to congress ,not later than #a year after the date of the enactment of this ,act1 and annually thereafter for a period of #e years1 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 subtitle4 ,the ,secretary's report to ,congress shall include-- 7#a7 a statement of how grants awarded by the ,secretary meet the purposes described in section #ejbjb7;a72 and 7#b7 information about-- 7,a7 the number of eligible entities and institutions of higher education that are receiving grant funds under sections #ejbjc1 #ejbjd1 and #ejbje2 7,b7 the specific activities supported by grant funds awarded under sections #ejbjc1 #ejbjd1 and #ejbje2 7,c7 the number of adolescents served by grant programs funded under section #ejbjc2 7,d7 the number of young people served by grant programs funded under section #ejbjd2 7,e7 the number of faculty1 school administrators1 teachers1 and staff trained under section #ejbje2 and 7,f7 the status of the evaluation required under subsection 7a74 #ejbjg4 ,nondiscrimination ,programs funded under this subtitle shall not discriminate on the basis of actual or perceived sex1 race1 color1 ethnicity1 national origin1 disability1 sexual orientation1 gender identity1 or religion4 ,nothing in this subtitle shall be construed to invalidate or limit rights1 remedies1 procedures1 or legal standards available under any other ,federal law or any law of a ,state or a political subdivision of a ,state1 including the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;a et seq471 title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq471 section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid71 the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq471 and section #aeeg of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahaaf74 #ejbjh4 ,limitation ,no ,federal funds provided under this subtitle may be used for health education programs that-- 7#a7 withhold health-promoting or life-saving information about sexuality-related topics1 including ,,hiv2 7#b7 are medically inaccurate or have been scientifically shown to be ineffective2 7#c7 promote gender or racial stereotypes2 7#d7 are insensitive and unresponsive to the needs of sexually active young people2 7#e7 are insensitive and unresponsive to the needs of pregnant or parenting young people2 7#f7 are insensitive and unresponsive to the needs of survivors of sexual abuse or assault2 7#g7 are insensitive and unresponsive to the needs of youth of all physical1 developmental1 or mental abilities2 7#h7 are insensitive and unresponsive to individuals with varying gender identities1 gender expressions1 and sexual orientations2 or 7#i7 are inconsistent with the ethical imperatives of medicine and public health4 #ejbji4 ,amendments to other laws 7a7 ,amendment to the public health service act ,section #bejj of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;ee7 is amended by striking subsections 7b7 through 7d7 and inserting the following3 7b7 ,contents of programs ,all programs of education and information receiving funds under this subchapter shall include information about the potential effects of intravenous substance abuse4 4 7b7 ,amendments to the elementary and secondary education act of #aife ,section #hebf of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gijf7 is amended-- 7#a7 by striking paragraph 7#c72 7#b7 by redesignating paragraphs 7#d7 and 7#e7 as paragraphs 7#c7 and 7#d71 respectively2 7#c7 in paragraph 7#d71 by inserting or after the semicolon2 7#d7 in paragraph 7#e71 by striking 2 or and inserting a period2 and 7#e7 by striking paragraph 7#f74 #ejbaj4 ,definitions ,in this subtitle3 7#a7 ,adolescents ,the term adolescents means individuals who are ages #aj through #ai at the time of commencement of participation in a program supported under this subtitle4 7#b7 ,age and developmentally appropriate ,the term age and developmentally appropriate means topics1 messages1 and teaching methods suitable to particular age1 age group of children and adolescents1 or developmental levels1 based on cognitive1 emotional1 social1 and behavioral capacity of most students at that age level4 7#c7 ,appropriate committees of congress ,the term appropriate committees of ,congress means the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate1 the ,committee on ,appropriations of the ,senate1 the ,committee on ,energy and ,commerce of the ,house of ,representatives1 the ,committee on ,education and the ,workforce of the ,house of ,representatives1 and the ,committee on ,appropriations of the ,house of ,representatives4 7#d7 ,characteristics of effective programs ,the term characteristics of effective programs means the aspects of evidence-based programs1 including development1 content1 and implementation of such programs1 that-- 7,a7 have been shown to be effective in terms of increasing knowledge1 clarifying values and attitudes1 increasing skills1 and impacting upon behavior2 and 7,b7 are widely recognized by leading medical and public health agencies to be effective in changing sexual behaviors that lead to sexually transmitted infections1 including ,,hiv1 unintended pregnancy1 and dating violence and sexual assault among young people4 7#e7 ,comprehensive sex education ,the term comprehensive sex education means instructional part of a comprehensive school health education approach which addresses the physical1 mental1 emotional1 and social dimensions of human sexuality2 designed to motivate and assist students to maintain and improve their sexual health1 prevent disease and reduce sexual health-related risk behaviors2 and enable and empower students to develop and demonstrate age and developmentally appropriate sexuality and sexual health-related knowledge1 attitudes1 skills1 and practices4 7#f7 ,consent ,the term consent means affirmative1 conscious1 and voluntary agreement to engage in interpersonal1 physical1 or sexual activity4 7#g7 ,culturally appropriate ,the term culturally appropriate means materials and instruction that respond to culturally diverse individuals1 families and communities in an inclusive1 respectful and effective manner2 including materials and instruction that are inclusive of race1 ethnicity1 languages1 cultural background1 religion1 sex1 gender identity1 sexual orientation1 and different abilities4 7#h7 ,evidence-based ,the term evidence-based1 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 behavior4 7#i7 ,gender expression ,the term gender expression1 when used with respect to a sex education program1 means the expression of one's gender1 such as through behavior1 clothing1 haircut1 or voice1 and which may or may not conform to socially defined behaviors and characteristics typically associated with being either masculine or feminine4 7#aj7 ,gender identity ,except with respect to section #ejbjg1 the term gender identity1 when used with respect to a sex education program1 means the gender-related identity1 appearance1 mannerisms1 or other gender-related characteristics of an individual1 regardless of the individual's designated sex at birth including a person's deeply held sense or knowledge of their own gender2 such as male1 female1 both or neither4 7#aa7 ,inclusive ,the term inclusive1 when used with respect to a sex education program1 means curriculum that ensures that students from historically marginalized communities are reflected in classroom materials and lessons4 7#ab7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 7#ac7 ,medically accurate and complete ,the term medically accurate and complete1 when used with respect to a sex education program1 means that-- 7,a7 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 journals1 where applicable2 or 7,b7 7i7 the program contains information that leading professional organizations and agencies with relevant expertise in the field recognize as accurate1 objective1 and complete2 and 7ii7 the program does not withhold information about the effectiveness and benefits of correct and consistent use of condoms and other contraceptives4 7#ad7 ,secretary ,the term ,secretary means the ,secretary of ,health and ,human ,services4 7#ae7 ,sexual development ,the term sexual development means the lifelong process of physical1 behavioral1 cognitive1 and emotional growth and change as it relates to an individual's sexuality and sexual maturation1 including puberty1 identity development1 socio-cultural influences1 and sexual behaviors4 7#af7 ,sexual orientation ,except with respect to section #ejbjg1 the term sexual orientation1 when used with respect to a sex education program1 means an individual's attraction1 including physical or emotional1 to the same or different gender4 7#ag7 ,young people ,the term young people means individuals who are ages #aj through #bd at the time of commencement of participation in a program supported under this subtitle4 #ejbaa4 ,funding 7a7 ,appropriation ,for the purpose of carrying out this subtitle1 there is appropriated #ge1jjj1jjj for each of fiscal years #bjba through #bjbf4 ,amounts appropriated under this subsection shall remain available until expended4 7b7 ,reservations of funds 7#a7 ,the ,secretary shall reserve #ej percent of the amount appropriated under subsection 7a7 for the purposes of awarding grants for comprehensive sex education for adolescents under section #ejbjc4 7#b7 ,the ,secretary shall reserve #be percent of the amount appropriated under subsection 7a7 for the purposes of awarding grants for comprehensive sex education at institutes of higher education under section #ejbjd4 7#c7 ,the ,secretary shall reserve #bj percent of the amount appropriated under subsection 7a7 for the purposes of awarding grants for pre-service and in-service teacher training under section #ejbje4 7#d7 ,the ,secretary shall reserve #b percent of the amount appropriated under subsection 7a7 for the purpose of carrying out the impact evaluation and reporting required under section #ejbjf7;a74 7c7 ,secretarial responsibilities ,the ,secretary shall reserve #c percent of the amount appropriated under subsection 7a7 for each fiscal year for expenditures by the ,secretary to provide1 directly or through a competitive grant process1 research1 training1 and technical assistance1 including dissemination of research and information regarding effective and promising practices1 providing consultation and resources1 and developing resources and materials to support the activities of recipients of grants4 ,in carrying out such functions1 the ,secretary shall collaborate with a variety of entities that have expertise in adolescent sexual health development1 education1 and promotion4 7d7 ,reprogramming of abstinence only until marriage program funding ,the unobligated balance of funds made available to carry out section #eaj of the ,social ,security ,act 7#db ,u4,s4,c4 #gaj7 7as in effect on the day before the date of enactment of this ,act7 are hereby transferred and shall be used by the ,secretary to carry out this subtitle4 ,the amounts transferred and made available to carry out this subtitle shall remain available until expended4 7e7 ,repeal of abstinence only until marriage program ,section #eaj of the ,social ,security ,act 7#db ,u4,s4,c4 #gaj et seq47 is repealed4 ,c ,ronald ,v4 ,dellums ,memorial ,fellowship for ,women of ,color in ,,steam and ,national ,security #ejcja4 ,short title ,this subtitle may be cited as the ,ronald ,v4 ,dellums ,memorial ,fellowship for ,women of ,color in ,,steam and ,national ,security ,act4 #ejcjb4 ,findings ,congress finds the following3 7#a7 ,from #aiic to #aiie1 ,ronald ,v4 ,dellums served as the ,chairman of the ,armed ,services ,committee of the ,house of ,representatives after #bj years of service on such ,committee4 7#b7 ,as a stalwart champion of diversity and inclusion1 ,chairman ,dellums was an early supporter of integrating lesbian1 gay1 transgender1 and bisexual individuals into the military4 7#c7 ,before ,chairman ,dellums was elected to the ,house of ,representatives in #aigj1 he was a psychiatric social worker1 community organizer1 and lecturer4 7#d7 ,chairman ,dellums served in the ,united ,states ,marine ,corps from #aied to #aief4 7#e7 ,in section #dbja of the ,fiscal ,year #bjah ,national ,defense ,authorization ,act1 ,congress reiterated the importance of prioritizing this relationship by authorizing more than #ab1jjj1jjj above the ,president's requests1 including #b1jjj1jjj authorized specifically for minority women in the fields of science1 technology1 engineering1 and mathematics4 7#f7 ,while women of color have made significant progress in graduating from college in the areas of study related to ,,steam1 they continue to be underrepresented in the ,,steam fields4 7#g7 ,while underrepresented minority students overall face an opportunity gap in ,,steam education1 women of color face a larger achievement gap in science and engineering education4 7#h7 ,in #bjaf1 of bachelor's degrees awarded in ,,steam majors-- 7,a7 women received #cf percent2 7,b7 ,black individuals received #ac percent2 7,c7 ,hispanic individuals received #ae percent2 7,d7 ,native ,american or ,alaska ,native individuals received #ad percent2 and 7,e7 ,asian or ,pacific ,islander individuals received #cc percent4 7#i7 ,a #bjag report published by the ,national ,science ,foundation found that the percentage of all bachelor's degrees in computer sciences1 mathematics1 and statistics1 and engineering received by women of color has declined since #aiif4 7#aj7 ,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 importance4 #ejcjc4 ,fellowship program 7a7 ,establishment ,the ,secretary of ,defense shall establish a fellowship program1 which shall be known as the ,ronald ,v4 ,dellums ,memorial ,fellowship for ,women of ,color in ,,steam1 to provide scholarships and internships for eligible students with high potential talent in ,,steam4 7b7 ,objectives ,in carrying out the program1 the ,secretary shall-- 7#a7 consult with institutions of higher education and relevant professional associations1 nonprofit organizations1 and relevant defense industry representatives on the design of the program2 and 7#b7 design the program in a manner such that the program-- 7,a7 increases awareness of and interest in employment at a ,defense ,agency among underrepresented students in the ,,steam fields1 particularly women of color1 who are pursuing a degree in a ,,steam field2 7,b7 supports the academic careers of underrepresented students1 especially women of color1 in ,,steam fields2 and 7,c7 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 need4 7c7 ,components ,the fellowship program shall consist of-- 7#a7 a scholarship program under subsection 7d72 and 7#b7 an internship program under subsection 7e74 7d7 ,selection 7#a7 ,in general ,each fiscal year1 subject to the availability of funds1 the ,secretary shall select at least #cj eligible students to participate in the fellowship program for a period of #b years4 7#b7 ,students from minority-serving institutions and historically ,black colleges and universities ,the ,secretary may not award fewer than #ej percent of the fellowships under this section to eligible students who attend historically ,black colleges and universities and other minority-serving institutions1 including ,hispanic-serving institutions1 ,asian ,american and ,native ,american ,pacific ,islander-serving institutions1 ,american ,indian ,tribally controlled colleges and universities1 ,alaska ,native and ,native ,hawaiian-serving institutions1 ,tribal colleges and universities1 ,predominantly ,black ,institutions1 and ,native ,american-serving1 ,non-,tribal institutions4 7#c7 ,scholarship ,each fellow shall receive a scholarship of up to #ej1jjj each academic year of the fellowship program4 ,a fellow who receives a scholarship may only use the scholarship funds to pay for the cost of attendance at an institution of higher education4 7#d7 ,consideration of underrepresented students in ,,steam fields ,in awarding a fellowship under this section1 the ,secretary shall consider-- 7,a7 the number and distribution of minority and female students nationally in science and engineering majors2 7,b7 the projected need for highly trained individuals in all fields of science and engineering2 7,c7 the present and projected need for highly trained individuals in science and engineering career fields in which minorities and women are underrepresented2 and 7,d7 the lack of minorities and women in national security1 especially in science and engineering fields in which such individuals are traditionally underrepresented4 7#e7 ,student agreement ,as a condition of the receipt of a scholarship under this section1 a fellow shall agree-- 7,a7 to maintain satisfactory academic standing in accordance with standards determined by the institution of higher education at which the student is enrolled2 7,b7 to complete an internship described in subsection 7e7 in a manner that the ,secretary determines is satisfactory2 7,c7 upon completion of the degree that the student pursues while in the fellowship program1 to work for the ,federal ,government or in the field of education in the area of study for which the scholarship or fellowship was awarded1 for a period specified by the ,secretary1 which shall not be longer than the period for which scholarship assistance was provided to such student2 and 7,d7 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 #aj-year ,treasury note auctioned at the final auction held prior to such ,june #a if the student fails to comply with any of subsections 7,a7 through 7,e74 7#f7 ,enforcement of agreement ,the ,secretary may enforce the agreement under paragraph 7#e7 as the ,secretary determines appropriate4 7e7 ,internship 7#a7 ,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 ,agency4 7#b7 ,requirements ,each internship shall-- 7,a7 to the extent practicable1 last for a period of at least #aj weeks2 7,b7 include a stipend for transportation and living expenses incurred by the fellow during the fellowship2 and 7,c7 be completed during the initial #b-year period of the fellowship4 7#c7 ,mentorship ,to the extent practicable1 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 internship4 7f7 ,extensions 7#a7 ,in general ,subject to this section1 a fellow may apply for1 and the ,secretary may grant1 a #a-year extension of the fellowship4 7#b7 ,number of extensions ,there shall be no limit on the number of extensions under paragraph 7#a7 that the ,secretary may grant an eligible student4 7#c7 ,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 degrees3 7,a7 ,two master's degrees4 7,b7 ,one doctorate of philosophy4 7#d7 ,treatment of extensions ,an extension granted under this subsection does not count for the purposes of-- 7,a7 the number of fellowships granted under subsection 7d77#a72 or 7,b7 the percentage of fellowships granted to eligible students4 7#e7 ,extension requirements ,a fellow may receive an extension under this subsection only if-- 7,a7 the fellow is in good academic standing with the institution of higher education where the fellow is enrolled2 7,b7 the fellow has satisfactorily completed an internship under subsection 7e72 and 7,c7 the fellow is currently enrolled full-time at an institution of higher education and pursuing1 in a ,,steam field-- 7i7 a bachelor's degree2 7ii7 a master's degree2 or 7iii7 a doctorate of philosophy4 7g7 ,limitation on administrative costs ,for each academic year1 the ,secretary may use not more than #e percent of the funds made available to carry out this section for administrative purposes1 including for purposes of-- 7#a7 outreach to institutions of higher education to encourage participation in the program2 and 7#b7 promotion of the program to eligible students4 7h7 ,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 education4 7i7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section #e1jjj1jjj for each of the next #e fiscal years4 7j7 ,reports ,not later than #b years after the date on which the first fellowship is awarded under this section1 and each academic year thereafter1 the ,secretary of ,defense shall submit to the ,congress a report containing-- 7#a7 a description and analysis of the demographic information of students who receive fellowships under this section1 including information with respect to such students regarding-- 7,a7 race1 in the aggregate and disaggregated by the same major race groups as the decennial census of the population2 7,b7 ethnicity2 7,c7 gender identity2 7,d7 eligibility to receive a ,federal ,pell ,grant under the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;a et seq472 and 7,e7 eligibility of the household in which the student resides to receive benefits under the ,supplemental ,nutrition ,assistance ,program under section #e of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjad71 in the case of graduate students2 7#b7 an analysis of the effects of the program2 7#c7 a description of-- 7,a7 the total number of students who obtain a degree with fellowship funds each year2 and 7,b7 the type and total number of degrees obtained by fellows2 and 7#d7 recommendations for changes to the program and to this subtitle to ensure that women of color are being effectively served by such program4 7k7 ,definitions ,in this subtitle3 7#a7 ,cost of attendance ,the term cost of attendance has the meaning given the term in section #acb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajae;a74 7#b7 ,defense ,agency ,the term ,defense ,agency has the meaning given the term in section #aja7;a7 of title #aj1 ,united ,states ,code4 7#c7 ,eligible student ,the term eligible student means an individual who-- 7,a7 submits an application for a fellowship under this section2 7,b7 is enrolled1 or will be enrolled for the first year for which the student applies for a fellowship1 in either the third or fourth year of a four-year academic program2 and 7,c7 is enrolled1 or will be enrolled for the first year for which the student applies for a fellowship1 in a university on at least a half-time basis4 7#d7 ,fellow ,the term fellow means a student that was selected for the fellowship program under subsection 7d74 7#e7 ,historically ,black college and university ,the term historically ,black college or university has the meaning given the term part ,b institution in section #cbb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfa74 7#f7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 7#g7 ,minority-serving institution ,the term minority-serving institution means an institution listed in section #cga7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7a774 7#h7 ,,steam ,the term ,,steam means science1 technology1 engineering1 arts1 and mathematics4 7#i7 ,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 #aj1jjj individuals in such group is substantially fewer than the number of ,white1 non-,hispanic individuals of bachelor's degrees in ,,steam fields per #aj1jjj such individuals4 ,d ,student ,support #ejdja4 ,short title ,this subtitle may be cited as the ,student ,support ,act4 #ejdjb4 ,school-based mental health and student service providers 7a7 ,in general ,part ,a of title ,,iv of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gaja et seq47 is amended by adding at the end the following3 #c ,school-,based ,mental ,health and ,student ,service ,providers #daca4 ,findings ,the ,congress finds the following3 7#a7 ,the ,surgeon ,general of the ,public ,health ,service has found that #a in #e children has a diagnosable mental disorder and #a in #aj children and adolescents suffer from mental illness severe enough to cause some level of impairment4 ,however1 #ge to #hj percent of children in need of mental health services do not receive needed treatment4 ,the short- and long-term consequences of untreated childhood mental disorders are costly1 in both human and fiscal terms4 7#b7 ,thirty-seven percent of students with a mental health condition age #ad and older drop out of school--the highest dropout rate of any disability group4 7#c7 ,fifty percent of all lifetimes cases of mental illness begin by the age of #ad and #ge percent by age #bd4 7#d7 ,in ,june #bjaj1 the ,american ,academy of ,pediatrics called for all pediatricians to screen children and adolescents for mental illness and substance use4 7#e7 ,just over half 7#ej4f percent7 of children with a mental health condition aged #h-ae received mental health services in the previous year4 7#f7 ,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 rate4 7#g7 ,school counselors1 school social workers1 school psychologists1 other qualified psychologists1 and child and adolescent psychiatrists are critically needed to help these children and to provide a variety of crucial support services as #gj-hj percent of children and adolescents who receive mental health services access these services in school settings4 7#h7 ,across the ,united ,states1 there are insufficient resources for school-based counseling professionals1 and often students do not get the help they need4 ,the #bjag national average ratio of students to school counselors in elementary and secondary schools was #dhb to #a4 7#i7 ,united ,states public schools need more mental health professionals because participation in the use of school-based mental health centers 7,,sbhc7 was positively associated with increases in grade point average 7,,gpa7 and attendance4 7#aj7 ,according to the leading counseling1 guidance1 and mental health organizations1 including the ,american ,school ,counselor ,association1 the ,national ,association of ,social ,psychologists1 the ,national ,association of ,social ,workers1 and the ,school ,social ,work ,association of ,america1 the maximum recommended ratio of-- 7,a7 students to school counselors is #bej to #a2 7,b7 students to school psychologists is #ejj to #gjj to #a2 and 7,c7 students to school social workers is #bej to #a4 7#aa7 ,a recent study revealed a national average ratio of #a1fec students per school psychologist1 despite the #a3ejj-gjj recommendation from the ,national ,association of ,social ,psychologists4 ,this deficit is further compounded by studies predicting a #b-d percent shortage of school psychologists over the next #aj years due to retirement4 ,in some schools1 there are no school-based mental health and student service providers available to assist students in times of crisis1 or at any other time4 7#ab7 ,counselor-to-student ratios in #ce ,states exceed #a3djj despite recommendations from the ,american ,school ,counselor ,association for a #a3bej ratio4 ,only three ,states--,vermont1 ,wyoming ,new ,hampshire--meet the recommended ratio4 ,this shortage occurs during a time when the ,national ,center on ,education ,statistics forecasts that the ,nation's number of public school students 7,pre-,k to #abth7 will grow by #g percent between #bjaa and #bjbb1 particularly in ,states that already spend the least money per student4 7#ac7 ,model programs using school-based mental health and student service providers have positive effects on emotional1 behavioral and academic outcomes1 such as reductions in aggressive and disruptive behavior1 referrals to the principal's office1 the use of weapons1 force1 or threats1 and increased students' feelings of safety4 ,studies also find that mental health programs can have a range of positive outcomes across all grade levels1 including gains in achievement test scores1 grade point averages1 course credit completion1 as well as decreases in absences and substance use4 #dacb4 ,purposes ,the purposes of this subpart are to assist ,states and local educational agencies in hiring additional school-based mental health providers1 including additional school counselors1 school psychologists1 other qualified psychologists1 child and adolescent psychiatrists1 and school social workers to achieve each of the following3 7#a7 ,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 counseling1 guidance1 and mental health organizations1 including the ,american ,school ,counselor ,association1 the ,national ,association of ,social ,psychologists1 the ,national ,association of ,social ,workers1 and the ,school ,social ,work ,association of ,america3 7,a7 ,one school counselor for every #bej students4 7,b7 ,one school psychologist for every #ejj to #gjj students4 7,c7 ,one school social worker for every #bej students4 7#b7 ,to provide evidence-based school mental health and student services through a whole school and interdisciplinary approach4 7#c7 ,to remove emotional1 behavioral1 and psychosocial barriers to learning so as to enhance students' classroom preparedness1 overall school performance1 decrease rates of absenteeism1 and ability to problem solve and set goals4 7#d7 ,to support school staff and teachers in improving classroom management1 conducting behavioral interventions to improve school discipline1 and developing the awareness and skills to identify the need for mental health services4 7#e7 ,to support parental involvement in improving the school behavior and academic success of their children4 7#f7 ,to improve the overall mental1 behavioral1 social1 and psychology assessment and trajectory of each student who seeks mental health services4 7#g7 ,to ensure each student feels comfortable and has all the resources they need to continue short and_/or long-term mental health treatment4 #dacc4 ,definitions ,in this subpart1 the following definitions apply3 7#a7 ,child ,the term child means an individual who is not less than #e years old and not more than #ag years old4 7#b7 ,child and adolescent psychiatrist ,the term child and adolescent psychiatrist has the meaning given such term in section #edba7;e74 7#c7 ,child in poverty ,the term child in poverty means a child from a family with an income below the poverty line4 7#d7 ,mental health and student service provider ,the term mental health and student service provider means a qualified individual who provides mental health and student services1 including any individual who is a qualified school counselor1 a qualified school psychologist or any other qualified psychologist1 a child or adolescent psychiatrist1 or a qualified school social worker4 7#e7 ,mental health and student services ,the term mental health and student services includes direct1 individual1 and group services provided to students1 parents1 and school personnel by mental health and student service providers1 and the coordination of prevention strategies in schools or community-based programs4 7#f7 ,other qualified psychologist ,the term other qualified psychologist has the meaning given such term in section #edba7;e74 7#g7 ,poverty line ,the term poverty line means the poverty line 7as defined by the ,office of ,management and ,budget1 and revised annually in accordance with section #fgc7b7 of the ,community ,services ,block ,grant ,act 7#db ,u4,s4,c4 #iijb7b777 applicable to a family of the size involved4 7#h7 ,school counselor ,the term school counselor means an individual who has documented competence in counseling children and adolescents in a school setting and who-- 7,a7 possesses ,state licensure or certification granted by an independent professional regulatory authority2 7,b7 possesses national certification in school counseling or a specialty of counseling granted by an independent professional organization2 or 7,c7 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 equivalent4 7#i7 ,school psychologist ,the term school psychologist means an individual who-- 7,a7 possesses a minimum of #fj graduate semester hours in school psychology from an institution of higher education and has completed #a1bjj clock hours in a supervised school psychology internship1 of which #fjj hours shall be in a school setting2 7,b7 possesses ,state licensure or certification in school psychology in the ,state in which the individual works2 or 7,c7 possesses national certification by the ,national ,school ,psychology ,certification ,board4 7#aj7 ,school social worker ,the term school social worker means an individual who-- 7,a7 holds a master's degree in social work from a program accredited by the ,council on ,social ,work ,education2 7,b7 is licensed or certified by the ,state in which services are provided2 or 7,c7 possesses a national credential or national certification as a school social work specialist granted by an independent professional organization4 7#aa7 ,state ,the term ,state means each of the several ,states1 the ,district of ,columbia1 and the ,commonwealth of ,puerto ,rico4 #dacd4 ,school-based mental health and student service provider grant program 7a7 ,in general ,in accordance with this subpart1 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 providers4 7b7 ,allocation of funds ,from the total amount appropriated for a fiscal year to carry out this subpart1 the ,secretary shall-- 7#a7 make available #a percent of such amount to the ,secretary of the ,interior 7on behalf of the ,bureau of ,indian ,affairs7 and the outlying areas for activities that carry out the purposes of this subpart2 and 7#b7 make available in the form of grants to each eligible ,state an amount equal to the sum of-- 7,a7 an amount that bears the same relationship to #ej 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 ,states2 and 7,b7 an amount that bears the same relationship to #ej 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 ,states4 7c7 ,minimum grant ,notwithstanding subsection 7b71 no grant under this section shall be for an amount less than #a1jjj1jjj4 7d7 ,reallocation ,the ,secretary shall reallocate to ,states that have received approval under subsection 7e77#b7 any funds allocated under subsection 7b7 to a ,state that fails to submit an application that is approved by the ,secretary4 7e7 ,application by ,state 7#a7 ,in general ,to be eligible to receive a grant under this subpart1 a ,state shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require4 7#b7 ,approval ,the ,secretary may not approve an application under this subsection unless the ,state submitting the application-- 7,a7 presents a plan1 which the ,secretary considers to be reasonable1 under which the ,state will make grants1 in accordance with the purposes of this subpart1 to local educational agencies to fund the hiring of additional school counselors1 school psychologists1 other qualified psychologists1 child and adolescent psychiatrists1 and school social workers2 and 7,b7 provides an assurance that the ,state will provide the matching amount required under subsection 7g74 7f7 ,use of funds by ,state 7#a7 ,in general ,in accordance with this subsection1 the total of the amounts made available to a ,state under this section and the amounts of the non-,federal match required under subsection 7g7 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 providers4 7#b7 ,administrative costs ,in each fiscal year1 a ,state may use not more than #e 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 subpart4 7#c7 ,allocation of funds ,in making grants in accordance with this subsection1 the ,state shall allocate from the total described in paragraph 7#a7 to each local educational agency an amount equal to the sum of-- 7,a7 an amount that bears the same relationship to #ej 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 ,state2 and 7,b7 an amount that bears the same relationship to #ej 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 ,state4 7#d7 ,minimum grant ,notwithstanding paragraph 7#c71 no grant made by a ,state in accordance with this subsection shall be for an amount less than #ej1jjj4 7#e7 ,source of data ,for purposes of paragraph 7#c71 the ,state shall use data from the most recent fiscal year for which satisfactory data are available1 except that the ,state may adjust such data1 or use alternative child poverty data1 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 ,state4 7#f7 ,application by local educational agencies ,a ,state may require that1 in order to be eligible for a grant made by the ,state in accordance with this subsection1 a local educational agency shall submit an application to the ,state at such time1 in such manner1 and containing such information as the ,state may require4 7g7 ,matching funds 7#a7 ,in general ,as a condition of receiving a grant under this section1 the ,secretary shall require that a ,state provide from non-,federal sources an amount equal to the amount of the grant4 7#b7 ,local contribution ,in making grants to local educational agencies in accordance with this subsection1 a ,state may require that a local educational agency match a portion of the amount of the grant made to the agency4 7#c7 ,form ,the non-,federal share required by this subsection may be provided in cash or in kind1 fairly evaluated1 and may include facilities1 equipment1 or services4 7h7 ,funds ,to be supplementary ,assistance made available under this subpart shall be used to supplement1 and may not supplant1 ,federal1 ,state1 or local funds used for employing school-based mental health and student service providers4 7i7 ,data collection and report 7#a7 ,in general ,for each fiscal year for which it receives assistance under this subpart1 a ,state shall collect data describing how the assistance is used4 7#b7 ,report ,not later than #a year after assistance is made available to a ,state under this subpart1 the ,state shall transmit to the ,secretary a report on the data described in paragraph 7#a71 including information with respect to each local educational agency to which the ,state made a grant with assistance made available under this subpart-- 7,a7 the number of school counselors1 school psychologists1 other qualified psychologists1 child and adolescent psychiatrists1 and school social workers employed by local educational agency2 and 7,b7 the ratio of students to school counselors1 the ratio of students to school psychologists or other qualified psychologists1 the ratio of students to child and adolescent psychiatrists1 and the ratio of students to school social workers4 7#c7 ,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 subsection4 7#d7 ,publication ,the ,secretary shall make data received under this subsection publicly available on an annual basis4 #dace4 ,authorization of appropriations ,there are authorized to be appropriated to carry out this subpart #ajj1jjj1jjj for each of fiscal years #bjba through #bjbe4 4 7b7 ,clerical amendment ,the table of contents for the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcja et seq47 is amended by inserting after the item relating to section #daba the following3 ,subpart #c--,school-,based ,mental ,health and ,student ,service ,providers ,sec4 #daca4 ,findings4 ,sec4 #dacb4 ,purposes4 ,sec4 #dacc4 ,definitions4 ,sec4 #dacd4 ,school-based mental health and student service provider grant program4 ,sec4 #dace4 ,authorization of appropriations4 4 ,e ,expressing the sense of the ,house of ,representatives regarding the need for increased diversity and inclusion in the tech sector1 and increased access to opportunity in science1 technology1 engineering1 arts1 and mathematics 7,,steam7 education #ejeja4 ,findings ,congress finds the following3 7#a7 ,there will be #a1djj1jjj new tech jobs by #bjbj1 however1 #gj percent of those jobs will be unfulfilled at the rate ,united ,states universities are currently producing qualified graduates4 7#b7 ,communities of color 7,african ,americans1 ,latinos1 ,native ,americans1 ,asian ,americans1 and ,pacific ,islanders7 are woefully underrepresented in corporate leadership roles1 including the technology sector4 7#c7 ,african ,americans1 ,latinos1 ,native ,americans1 and ,pacific ,islanders are disproportionately underrepresented in the technology sector4 7#d7 ,black and ,hispanic workers in the science and engineering workforce continue to be underrepresented1 ,black employees represent #aa percent of the ,united ,states workforce but only #i percent of the science and engineering workforce1 and ,hispanic employees represent #af percent of the ,united ,states workforce but only #g percent of the science and engineering workforce4 7#e7 ,the share of women working in science and engineering jobs has held steady around #ej percent since #aiij1 but the share of women in specific fields has varied from #dg percent in life sciences to only #be percent in computer science4 7#f7 ,women of color represent less than #aj percent of all computer science professionals 7,african ,american3 #e4g percent2 ,hispanic3 #f4d percent2 ,american ,indian or ,alaska ,native3 #j4a percent2 and ,asian3 #bb4i percent74 7#g7 #ej to #gj percent of employees in tech companies work in non-tech positions1 for which an existing pipeline of qualified ,african ,americans and ,latinos currently exists4 7#h7 ,a pipeline of qualified technical candidates is critical as the tech industry improves its recruiting1 hiring1 and retaining of candidates and employees of color4 7#i7 ,underrepresented minority students overall face an opportunity gap in ,,steam education4 7#aj7 ,women of color particularly face an achievement gap in science and engineering education4 7#aa7 ,in #bjae1 women were conferred nearly a third of all science and engineering degrees4 7#ab7 ,in #bjae1 women of color received only #ac percent of all science and engineering degrees 7,black3 #c4b percent2 ,hispanic3 #c4i percent2 ,native ,american or ,alaskan ,native3 #j4b percent2 ,asian or ,pacific ,islander3 #d4e percent2 and multi-racial3 #a4b percent74 7#ac7 ,women overall face a large opportunity gap in computer science4 7#ad7 ,only #ah of all bachelor's degrees conferred in computer science went to women in #bjae4 7#ae7 ,in #bjae1 women of color received only #i percent of degrees conferred in computer science 7,black3 #c percent2 ,hispanic3 #b percent2 ,native ,american or ,alaska ,native3 #j4h percent2 and ,asian or ,pacific ,islander3 #c percent74 7#af7 ,the opportunity and achievement gap between boys and girls starts early4 7#ag7 ,in #bjag1 #bb percent of high schools offered the ,advanced ,placement 7,,ap7 ,computer ,science course1 and only #ce percent of high schools teach computer science4 7#ah7 ,in #bjah1 #bh percent of ,,ap ,computer ,science test takers were girls1 and #ba percent were ,african ,american or ,latino4 7#ai7 ,there is a dearth of disaggregated data to show academic attainment across different ,asian-,american and ,pacific ,islander communities4 #ejejb4 ,necessity of ,reducing and eliminating barriers for minorities in ,,steam ,that the ,house of ,representatives supports efforts to-- 7#a7 increase diversity and inclusion in the technology sector1 including robust plans to ensure recruitment1 training1 and retention of underrepresented minorities at all levels1 from the boardroom to the senior executive level1 to rank and file employees1 as well as vendors2 7#b7 eliminate barriers faced by people of color1 and other underrepresented groups when breaking into the technology sector2 7#c7 ensure all students have access to science1 technology1 engineering1 arts1 and mathematics 7,,steam7 education for a #bast century economy1 including computer science education in particular2 7#d7 strengthen investments in1 and collaborations with educational institutions including community colleges1 ,historically ,black ,colleges and ,universities1 ,hispanic-serving institutions1 ,asian-,american1 ,native ,american1 and ,pacific ,islander-serving institutions1 ,american ,indian ,tribally controlled colleges and universities1 ,alaska ,native and ,native ,hawaiian-serving institutions1 predominantly ,black institutions1 ,native ,american-serving1 non-,tribal institutions1 and other minority-serving institutions to sustain a pipeline of diverse ,,steam graduates ready to enter the technology sector2 and 7#e7 improve data collection1 disaggregation1 and dissemination of information for greater understanding and transparency of diversity in ,,steam education and across the workforce4 ,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 #ejfja4 ,findings ,congress finds the following3 7#a7 ,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 communities4 7#b7 ,tens of thousands of elementary and middle school students have participated in ,no ,name-,calling ,week since its inception in #bjjd4 7#c7 ,over #c1jjj students help to lead ,no ,name-,calling ,week each year4 7#d7 #bf percent of elementary students reported hearing others say hurtful things based on another student's race or ethnic background4 7#e7 #cf percent of elementary students reported being bullied or called names at some point while in school4 7#f7 ,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 unsafe4 7#g7 ,over #hg percent of ,,lgbtq middle and high school students have heard negative remarks about transgender people4 7#h7 ,over #gj percent of ,,lgbtq middle and high school students were verbally harassed in the past year because of their sexual orientation4 7#i7 #dh percent of ,,lgbtq middle and high school students experienced harassment via electronic means in the past year4 7#aj7 ,students who faced anti-,,lgbtq discrimination at school were more likely to receive school discipline than their peers4 7#aa7 ,students feeling unsafe in their schools has often resulted in missed school days and exposes students to disciplinary actions because of truancy policies4 7#ab7 ,nearly #gj percent of ,american ,indian or ,alaska ,native 7or ,two ,spirit7 ,,lgbtq middle and high school students felt unsafe based on their sexual orientation or gender identity in the past year4 7#ac7 #fj percent of ,latinx ,,lgbtq middle and high school students experienced bullying based on their gender identity in the past year4 7#ad7 ,nearly #fj percent of ,black ,,lgbtq middle and high school students experienced bullying based on their sexual orientation in the past year4 7#ae7 ,nearly #ej percent of multiracial ,,lgbtq middle and high school students felt unsafe in school based on the way they express their gender4 7#af7 ,over #be percent of ,,lgbtq students reported being victimized at school based on their actual or perceived disability4 #ejfjb4 ,necessity of additional protections for ,,lgbt ,youth in schools ,that ,congress-- 7#a7 supports the goals and ideals of ,no ,name-,calling ,week2 7#b7 encourages the people of the ,united ,states to observe ,no ,name-,calling ,week with appropriate ceremonies1 programs1 and activities2 7#c7 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 victim2 and 7#d7 calls for schools to have more inclusive curricula on ,,lgbtq people1 history1 and events4 ,g ,getting ,youth ,re-invested in ,environmental ,education ,now #ejgja4 ,short title ,this subtitle may be cited as-- 7#a7 the ,getting ,youth ,re-invested in ,environmental ,education ,now ,act2 or 7#b7 the ,,green ,act4 #ejgjb4 ,findings ,the ,congress makes the following findings3 7#a7 ,environmental justice education is essential for-- 7,a7 producing students who are prepared to address not only the imminent climate change issues that effect them locally1 but to be the driving force behind global environmental solutions that will be the stimulus of an emerging eco-efficient economy2 7,b7 addressing the global and local environmental issues that are disproportionately affecting people of color2 and 7,c7 fostering a critical understanding of the environment within the context of human political and social actions4 7#b7 ,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 experiential1 embodied way which empowers students to confront global environmental justice4 7#c7 ,states and local educational agencies should create an integrated curriculum in which environmental justice education is incorporated throughout subject areas such as math1 science1 history1 language arts1 and all other core subject areas4 7#d7 ,environmental justice education uses multiple strategies including experiential learning1 integrated core subject study1 analytical research1 and project based learning4 #ejgjc4 ,grants authorized 7a7 ,in general ,the ,secretary of ,education shall1 subject to the availability of appropriations1 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 require4 ,the purpose of the grants is to assist eligible recipients to develop an environmental justice curriculum1 and a co-op program1 for students attending middle and high schools that-- 7#a7 receive funds under part ,a of title ,i of the ,elementary and ,secondary ,education ,act of #aife 7#bi ,u4,s4,c4 #fcaa et seq472 and 7#b7 are located in an urban community that may be disproportionately affected by climate change1 pollution1 and other environmental issues4 7b7 ,curriculum development ,an environmental justice curriculum developed with funds received under this subtitle shall satisfy the following objectives3 7#a7 ,educating students1 through experiential learning and otherwise1 about topics relating to environmental justice1 such as air pollution1 lead paint poisoning1 access to organic foods1 sustainable agriculture1 proximity to landfills1 toxic dumping1 relative asthma rates1 and the historical patterns of environmental impacts4 7#b7 ,empowering students actively to address environmental issues in their local neighborhoods while also considering global environmental problems4 7#c7 ,allowing students to explore careers that involve solving environmental problems and cultivating innovators to solve such problems4 7#d7 ,enhancing life skills required for sound personal decision making1 participation in civic and cultural affairs1 and economic productivity1 such as problem solving1 critical thinking1 and good stewardship4 7#e7 ,establishing a nurturing environment that fosters democratic and socially just relationships among schools1 families1 and surrounding communities4 7c7 ,co-op program development ,a co-op program developed with funds received under this subtitle shall satisfy the following objectives3 7#a7 ,linking students with career opportunities in the environmental field by building partnerships with the public and private sector4 7#b7 ,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 experience4 7#c7 ,assisting students in building skills necessary for workforce success1 such as development of a career path2 resume1 letter1 and memoranda writing2 and job interviewing4 7#d7 ,providing students with mentors recruited through the partnerships described in paragraph 7#a7 who are equipped to assist a mentee in the skill building described in paragraph 7#c74 ,h ,america's ,college ,promise #ejhja4 ,short title ,this subtitle may be cited as the ,america's ,college ,promise ,act of #bjbj4 #ejhjb4 ,purpose ,the purpose of this subtitle is to help all individuals of the ,united ,states earn the education and skills the individuals need-- 7#a7 by making #b years of community college free1 through a new partnership with ,states and ,indian tribes to help the ,states and ,indian tribes-- 7,a7 waive resident community college tuition and fees for eligible students2 7,b7 maintain ,state and ,indian tribe support for higher education2 and 7,c7 promote key reforms to improve student outcomes2 and 7#b7 through a new partnership with minority-serving institutions to-- 7,a7 encourage eligible students to enroll and successfully complete a baccalaureate degree at participating institutions2 and 7,b7 promote key reforms to improve student outcomes4 #a ,,state ,,and ,,indian ,,tribe ,,grants ,,for ,,community ,,colleges #ejhaa4 ,in general ,from amounts appropriated under section #ejhag7;a7 for any fiscal year1 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 #ejhae4 #ejhab4 ,federal share2 non-,federal share 7a7 ,federal share 7#a7 ,formula ,subject to paragraph 7#b71 the ,federal share of a grant under this part shall be based on a formula1 determined by the ,secretary1 that-- 7,a7 accounts for the ,state or ,indian tribe's share of eligible students2 and 7,b7 provides1 for each eligible student in the ,state or ,indian tribe1 a per-student amount that is-- 7i7 not less than #cjj percent of the per-student amount of the ,state or ,indian tribe share1 determined under subsection 7b71 subject to clause 7ii72 and 7ii7 not greater than #ge percent of-- 7,i7 for the #bjba-bjbb award year1 the average resident community college tuition and fees per student in all ,states for the most recent year for which data are available2 and 7,,ii7 for each subsequent award year1 the average resident community college tuition and fees per student in all ,states calculated under this subclause for the preceding year1 increased by the lesser of-- 7aa7 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 year2 or 7bb7 #c percent4 7#b7 ,exception for certain indian tribes ,in any case in which not less than #ge percent of the students at the community colleges operated or controlled by an ,indian tribe are low-income students1 the amount of the ,federal share for such ,indian tribe shall be not less than #ie percent of the total amount needed to waive tuition and fees for all eligible students enrolled in such community colleges4 7b7 ,state or tribal share 7#a7 ,formula 7,a7 ,in general ,the ,state or tribal share of a grant under this part for each fiscal year shall be the amount needed to pay #be percent of the average community college resident tuition and fees per student in all ,states in the #bjba-bjbb award year for all eligible students in the ,state or ,indian tribe1 respectively1 for such fiscal year1 except as provided in subparagraph 7,b74 7,b7 ,exception for certain indian tribes ,in a case in which not less than #e percent of the students at the community colleges operated or controlled by an ,indian tribe are low-income students1 the amount of such ,indian tribe's tribal share shall not exceed #e percent of the total amount needed to waive tuition and fees for all eligible students enrolled in such community colleges4 7#b7 ,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 share4 7#c7 ,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 7#a74 #ejhac4 ,eligibility ,to be eligible for a grant under this part1 a ,state or ,indian tribe shall agree to waive community college resident tuition and fees for all eligible students for each year of the grant4 #ejhad4 ,applications 7a7 ,submission ,for each fiscal year for which a ,state or ,indian tribe desires a grant under this part1 an application shall be submitted to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require4 ,such application shall be submitted by-- 7#a7 in the case of a ,state1 the ,governor1 the ,state agency with jurisdiction over higher education1 or another agency designated by the ,governor to administer the program under this part2 or 7#b7 in the case of an ,indian tribe1 the governing body of such tribe4 7b7 ,contents ,each ,state or ,indian tribe application shall include1 at a minimum-- 7#a7 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 grant1 with annual increases of an amount that shall not exceed #c percent of the prior year's average resident community college tuition and fees2 7#b7 an assurance that all community colleges in the ,state or under the jurisdiction of the ,indian tribe1 respectively1 will waive resident tuition and fees for eligible students in programs that are-- 7,a7 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 ,state2 or 7,b7 occupational skills training programs that lead to a recognized postsecondary credential that is in an in-demand industry sector or occupation in the ,state2 7#c7 a description of the promising and evidence-based institutional reforms and innovative practices to improve student outcomes1 including completion or transfer rates1 that have been or will be adopted by the participating community colleges1 such as-- 7,a7 providing comprehensive academic and student support services1 including mentoring and advising1 especially for low-income1 first-generation1 adult1 and other underrepresented students2 7,b7 providing accelerated learning opportunities1 such as dual or concurrent enrollment programs1 including early college high school programs2 7,c7 advancing competency-based education2 7,d7 strengthening remedial education1 especially for low-income1 first-generation1 adult and other underrepresented students2 7,e7 implementing course redesigns of high-enrollment courses to improve student outcomes and reduce cost2 or 7,f7 utilizing career pathways or degree pathways2 7#d7 a description of how the ,state or ,indian tribe will promote alignment between its public secondary school and postsecondary education systems1 including between #b-year and #d-year public institutions of higher education and with minority-serving institutions described in section #cga of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq71 to expand awareness of and access to postsecondary education1 reduce the need for remediation and repeated coursework1 and improve student outcomes2 7#e7 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 #abc7;a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caec7;a77 or other quality criteria determined appropriate by the ,state or ,indian tribe2 7#f7 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 #dhg of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajid72 and 7#g7 an assurance that1 for each year of the grant1 the ,state or ,indian tribe will notify each eligible student of the student's remaining eligibility for assistance under this part4 #ejhae4 ,allowable uses of funds 7a7 ,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-- 7#a7 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 ,state2 or 7#b7 occupational skills training programs that lead to a recognized postsecondary credential that is in an in-demand industry sector or occupation in the ,state4 7b7 ,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 7a71 the ,state or ,indian tribe may use those funds to carry out one or more of the following3 7#a7 ,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 time1 and who meet the student eligibility requirements of clauses 7i7 through 7v7 of section #ejhaf7e77;,a74 7#b7 ,expanding the scope and capacity of high-quality academic and occupational skills training programs at community colleges4 7#c7 ,improving postsecondary education readiness in the ,state or ,indian tribe1 through outreach and early intervention4 7#d7 ,expanding access to dual or concurrent enrollment programs1 including early college high school programs4 7#e7 ,improving affordability at #d-year public institutions of higher education4 7c7 ,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 part4 7d7 ,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 if1 for each year of the grant1 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 #c consecutive preceding ,state or ,indian tribe fiscal years4 ,in making the calculation under this subsection1 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 education4 7e7 ,annual report 7#a7 ,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 part1 the progress made in fulfilling the requirements of the grant1 and rates of graduation1 transfer and attainment of recognized postsecondary credentials at participating community colleges1 and including any other information as the ,secretary may require4 7#b7 ,at the discretion of the ,secretary1 the information required in the report under paragraph 7#a7 may be included in an annual report on higher education required under the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja et seq474 7f7 ,reporting by secretary ,the ,secretary annually shall-- 7#a7 compile and analyze the information described in subsection 7e72 and 7#b7 prepare and submit a report to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,education and the ,workforce of the ,house of ,representatives containing the analysis described in paragraph 7#a7 and an identification of ,state and ,indian tribe best practices for achieving the purpose of this part4 7g7 ,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 #ejhad7;b77#c7 and shall disseminate such best practices among the ,states and ,indian tribes4 7h7 ,continuation of funding 7#a7 ,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 grant1 as determined by the ,secretary4 7#b7 ,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 #ejhad4 #ejhaf4 ,definitions ,in this part3 7#a7 ,career pathway ,the term career pathway has the meaning given the term in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 7#b7 ,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 degree1 including #b-year tribally controlled colleges under section #caf of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;c7 and public #b-year ,state institutions of higher education4 7#c7 ,dual or concurrent enrollment program ,the term dual or concurrent enrollment program has the meaning given the term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#d7 ,early ,college ,high ,school ,the term early college high school has the meaning given the term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#e7 ,eligible student 7,a7 ,definition ,the term eligible student means a student who-- 7i7 7,i7 enrolls in a community college after the date of enactment of this ,act2 or 7,,ii7 is enrolled in a community college as of the date of enactment of this ,act2 7ii7 attends the community college on not less than a half-time basis2 7iii7 is maintaining satisfactory progress1 as defined in section #dhd7;c7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajia7;c771 in the student's course of study2 7iv7 qualifies for resident tuition1 as determined by the ,state or ,indian tribe2 and 7v7 is enrolled in an eligible program described in section #ejhad7;b77#b74 7,b7 ,special rule ,an otherwise eligible student shall lose eligibility #c calendar years after first receiving benefits under this part4 7#f7 ,in-demand industry sector or occupation ,the term in-demand industry sector or occupation has the meaning given the term in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 7#g7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #ajb of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #dgi;a74 7#h7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 7#i7 ,recognized postsecondary credential ,the term recognized postsecondary credential has the meaning as described in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 7#aj7 ,secretary ,the term ,secretary means the ,secretary of ,education4 7#aa7 ,state ,the term ,state has the meaning given the term in section #ajc of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjc74 #ejhag4 ,appropriations 7a7 ,authorization and appropriations ,for the purpose of making grants under this part1 there are authorized to be appropriated1 and there are appropriated-- 7#a7 #a1eae1aej1jjj for fiscal year #bjba2 7#b7 #c1ceb1bjj1jjj for fiscal year #bjbb2 7#c7 #d1bgg1idj1jjj for fiscal year #bjbc2 7#d7 #e1ihh1dej1jjj for fiscal year #bjbd2 7#e7 #g1hcg1gaj1jjj for fiscal year #bjbe2 7#f7 #h1igd1cej1jjj for fiscal year #bjbf2 7#g7 #aa1cjb1jbj1jjj for fiscal year #bjbg2 7#h7 #ad1dea1jij1jjj for fiscal year #bjbh2 7#i7 #ae1jgg1acj1jjj for fiscal year #bjbi2 and 7#aj7 #ae1gbi1haj1jjj for fiscal year #bjcj and each succeeding fiscal year4 7b7 ,availability ,funds appropriated under subsection 7a7 shall remain available to the ,secretary until expended4 7c7 ,insufficient funds ,if the amount appropriated under subsection 7a7 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 #ejhab7;a71 the ,secretary may ratably reduce the amount of each such grant or take other actions necessary to ensure an equitable distribution of such amount4 #b ,grants to ,historically ,black ,colleges and ,universities1 ,hispanic-,serving ,institutions1 ,asian ,american and ,native ,american ,pacific ,islander-,serving ,institutions1 ,tribal ,colleges and ,universities1 ,alaska ,native-,serving ,institutions1 ,native ,hawaiian-,serving ,institutions1 ,predominantly ,black ,institutions1 and ,native ,american-,serving ,nontribal ,institutions #ejhba4 ,pathways to student success for historically black colleges and universities 7a7 ,in general ,from amounts appropriated under section #ejhbd7;a7 for any fiscal year1 the ,secretary shall award grants to participating #d-year historically black colleges or universities that meet the requirements of subsection 7b7 to-- 7#a7 encourage students to enroll and successfully complete a bachelor's degree at participating institutions2 7#b7 provide incentives to community college students to transfer to participating institutions through strong transfer pathways to complete a bachelor's degree program2 and 7#c7 support participating institutions to better serve new and existing students by engaging in reforms and innovations designed to improve completion rates and other student outcomes4 7b7 ,eligibility ,to be eligible to receive a grant under the program under this section1 an institution shall be a historically black college or university that-- 7#a7 has a student body of which not less than #ce percent are low-income students2 7#b7 commits to maintaining or adopting and implementing promising and evidence-based institutional reforms and innovative practices to improve the completion rates and other student outcomes1 such as-- 7,a7 providing comprehensive academic and student support services1 including mentoring and advising2 7,b7 providing accelerated learning opportunities and degree pathways1 such as dual enrollment and pathways to graduate and professional degree programs2 7,c7 advancing distance and competency-based education2 7,d7 partnering with employers1 industry1 not-for-profit associations1 and other groups to provide opportunities to advance learning outside the classroom1 including work-based learning opportunities such as internships or apprenticeships or programs designed to improve inter-cultural development and personal growth1 such as foreign exchange and study abroad programs2 7,e7 reforming remedial education1 especially for low-income students1 first generation college students1 adult students1 and other underrepresented students2 or 7,f7 implementing course redesigns of high-enrollment courses to improve student outcomes and reduce cost2 7#c7 sets performance goals for improving student outcomes for the duration of the grant2 and 7#d7 if receiving a grant for transfer students1 has articulation agreements with community colleges at the national1 ,state1 or local level to ensure that community college credits can fully transfer to the participating institution4 7c7 ,grant amount 7#a7 ,initial amount ,for the first year that an eligible institution participates in the grant program under this section and subject to paragraph 7#c71 such eligible institution shall receive a grant in an amount based on the product of-- 7,a7 the actual cost of tuition and fees at the eligible institution in such year 7referred to in this section as the per-student rebate72 multiplied by 7,b7 the number of eligible students enrolled in the eligible institution for the preceding year4 7#b7 ,subsequent increases ,for each succeeding year after the first year of the grant program under this section1 each participating eligible institution shall receive a grant in the amount determined under paragraph 7#a7 for such year1 except that in no case shall the amount of the per-student rebate for an eligible institution increase by more than #c percent as compared to the amount of such rebate for the preceding year4 7#c7 ,limitations 7,a7 ,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 #d-year institutions of higher education for such year1 as determined by the ,secretary4 7,b7 ,first year tuition and fees ,during the first year of participation in the grant program under this section1 no eligible institution may increase tuition and fees at a rate greater than any annual increase at the eligible institution in the previous #e years4 7d7 ,application ,an eligible institution that desires a grant under this section shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require4 7e7 ,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 student1 for not more than the first #fj credits an eligible student enrolls in the participating eligible institution4 #ejhbb4 ,pathways to student success for ,hispanic-serving institutions1 ,asian ,american and ,native ,american ,pacific ,islander-serving institutions1 tribal colleges and universities1 ,alaska ,native-serving institutions1 ,native ,hawaiian-serving institutions1 predominantly ,black institutions1 and ,native ,american-serving nontribal institutions 7a7 ,in general ,from amounts appropriated under section #ejhbd7;a7 for any fiscal year1 the ,secretary shall award grants to participating #d-year minority-serving institutions to-- 7#a7 encourage students to enroll and successfully complete a bachelor's degree at participating institutions2 7#b7 provide incentives to community college students to transfer to participating institutions through strong transfer pathways to complete a bachelor's degree program2 and 7#c7 support participating institutions to better serve new and existing students by engaging in reforms and innovations designed to improve completion rates and other student outcomes4 7b7 ,institutional eligibility ,to be eligible to participate and receive a grant under this section1 an institution shall be a minority-serving institution that-- 7#a7 has a student body of which not less than #ce percent are low-income students2 7#b7 commits to maintaining or adopting and implementing promising and evidence-based institutional reforms and innovative practices to improve the completion rates and other student outcomes1 such as-- 7,a7 providing comprehensive academic and student support services1 including mentoring and advising2 7,b7 providing accelerated learning opportunities and degree pathways1 such as dual enrollment and pathways to graduate and professional degree programs2 7,c7 advancing distance and competency-based education2 7,d7 partnering with employers1 industry1 not-for-profit associations1 and other groups to provide opportunities to advance learning outside the classroom1 including work-based learning opportunities such as internships or apprenticeships or programs designed to improve inter-cultural development and personal growth1 such as foreign exchange and study abroad programs2 7,e7 reforming remedial education1 especially for low-income students1 first generation college students1 adult students1 and other underrepresented students2 and 7,f7 implementing course redesigns of high-enrollment courses to improve student outcomes and reduce cost2 7#c7 sets performance goals for improving student outcomes for the duration of the grant2 and 7#d7 if receiving a grant for transfer students1 has articulation agreements with community colleges at the national1 ,state1 or local levels to ensure that community college credits can fully transfer to the participating institution4 7c7 ,grant amount 7#a7 ,initial amount ,for the first year that an eligible institution participates in the grant program under this section and subject to paragraph 7#c71 such participating eligible institution shall receive a grant in an amount based on the product of-- 7,a7 the actual cost of tuition and fees at the eligible institution in such year 7referred to in this section as the per-student rebate72 multiplied by 7,b7 the number of eligible students enrolled in the eligible institution for the preceding year4 7#b7 ,subsequent increases ,for each succeeding year after the first year of the grant program under this section1 each participating eligible institution shall receive a grant in the amount determined under paragraph 7#a7 for such year1 except that in no case shall the amount of the per-student rebate increase by more than #c percent as compared to the amount of such rebate for the preceding year4 7#c7 ,limitations 7,a7 ,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 fees1 as determined by the ,secretary4 7,b7 ,first year tuition and fees ,during the first year of participation in the grant program under this section1 no eligible institution may increase tuition and fees at a rate greater than any annual increase made by the institution in the previous #e years4 7d7 ,application ,an eligible institution shall submit an application to the ,secretary at such time1 in such a manner1 and containing such information as determined by the ,secretary4 7e7 ,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 student1 for not more than the first #fj credits an eligible student enrolls in the participating eligible institution4 #ejhbc4 ,definitions ,in this part3 7#a7 ,eligible student 7,a7 ,definition ,the term eligible student means a student1 regardless of age1 who-- 7i7 7,i7 enrolls in a historically black college or university1 or minority-serving institution2 or 7,,ii7 transfers from a community college into a historically black college or university1 or minority-serving institution2 7ii7 attends the historically black college or university1 or minority serving institution1 on at least a half-time basis2 7iii7 maintains satisfactory academic progress2 and 7iv7 is a low-income student4 7,b7 ,special rules 7i7 ,first #c years ,an otherwise eligible student shall lose eligibility #c calendar years after first receiving benefits under this part4 7ii7 ,special rule for certain students ,notwithstanding subparagraph 7,a77i71 an otherwise eligible student whose parent or guardian was denied a ,federal ,direct ,,plus loan under title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj et seq47 after ,november #bjaa and before ,march #bi1 #bjae1 and who subsequently withdrew from a historically black college or university1 or minority-serving institution1 and has not yet completed a program of study at such historically black college or university or minority-serving institution1 shall be eligible to participate under section #ejhba or #ejhbb in order to complete such program of study1 subject to all other requirements of section #ejhba or #ejhbb 7as the case may be74 7#b7 ,historically black college or university ,the term historically black college or university means a part ,b institution described in section #cbb7b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfa7b774 7#c7 ,low-income student ,the term low-income student-- 7,a7 shall include any student eligible for a ,federal ,pell ,grant under section #dja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;a72 and 7,b7 may include a student ineligible for a ,federal ,pell ,grant under section #dja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;a7 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 institution4 7#d7 ,minority-serving institution ,the term minority-serving institution means any public or not-for-profit institution of higher education-- 7,a7 described in paragraphs 7#b7 through 7#g7 of section #cga7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq72 and 7,b7 designated as a minority-serving institution by the ,secretary4 #ejhbd4 ,appropriations 7a7 ,authorization and appropriations for ,,hbcu and ,,msi grants ,for the purpose of carrying out sections #ejhba and #ejhbb1 there are authorized to be appropriated1 and there are appropriated-- 7#a7 #fa1jej1jjj for fiscal year #bjba2 7#b7 #aii1hjj1jjj for fiscal year #bjbb2 7#c7 #a1ahi1ibj1jjj for fiscal year #bjbc2 7#d7 #a1bcg1fej1jjj for fiscal year #bjbd2 7#e7 #a1bhg1fjj1jjj for fiscal year #bjbe2 7#f7 #a1cch1ffj1jjj for fiscal year #bjbf2 7#g7 #a1cei1gej1jjj for fiscal year #bjbg2 7#h7 #a1ddi1ffj1jjj for fiscal year #bjbh2 7#i7 #a1ejh1dij1jjj for fiscal year #bjbi2 and 7#aj7 #a1efi1edj1jjj for fiscal year #bjcj and each succeeding fiscal year4 7b7 ,availability ,funds appropriated under subsection 7a7 are to remain available to the ,secretary until expended4 7c7 ,insufficient funds ,if the amount appropriated under subsection 7a7 for a fiscal year is not sufficient to award each participating institution in the grant programs under sections #ejhba and #ejhbb a grant under this part equal to #ajj percent of the grant amount determined under section #ejhba7;c71 the ,secretary may ratably reduce the amount of each such grant or take other actions necessary to ensure an equitable distribution of such amount4 ,i ,go to ,high ,school1 ,go to ,college #ejija4 ,short title ,this subtitle may be cited as the ,go to ,high ,school1 ,go to ,college ,act of #bjbj4 #ejijb4 ,college in ,high ,school ,federal ,pell ,grant ,pilot ,program ,section #dja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;a7 is amended by adding at the end the following3 7k7 ,college in ,high ,school ,federal ,pell ,grant ,pilot ,program 7#a7 ,in general ,for the award years beginning on ,july #a1 #bjbj1 and ending on ,june #cj1 #bjbf1 the ,secretary shall carry out a pilot program to award ,college in ,high ,school ,federal ,pell ,grants to eligible students to support enrollment in1 and completion of1 postsecondary courses offered through a dual or concurrent enrollment program or an early college high school4 7#b7 ,size of program ,the ,secretary is authorized to enroll not more than #bej eligible institutions into the ,college in ,high ,school ,federal ,pell ,grant ,pilot ,program under this subsection1 with the intent of serving approximately #ej1jjj students4 7#c7 ,possibility of extension ,the ,secretary is authorized to extend the period of the pilot program under this subsection at the discretion of the ,secretary4 7#d7 ,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 time1 in such manner1 and accompanied by such information as the ,secretary may require4 ,as part of the application1 the eligible institution shall-- 7,a7 provide an assurance that such institution will offer eligible students enrolled in the pilot program the opportunity to earn not less than #ab credits on a pathway towards a degree or credential2 7,b7 describe how the college course sequences offered to such eligible students are part of a pathway towards a degree or credential2 7,c7 provide an assurance that such institution will provide all students enrolled in dual or concurrent enrollment programs and early college high school programs1 alongside students receiving ,college in ,high ,school ,federal ,pell ,grants under this subsection1 necessary support services to such eligible students1 such as academic tutoring1 high school to college transition support1 guidance counseling1 or other comparable services designed to increase student participation for and success in postsecondary education2 7,d7 describe how such institution will-- 7i7 ensure that all students enrolled in dual or concurrent enrollment programs and early college high school programs1 alongside students receiving ,college in ,high ,school ,federal ,pell ,grants under this subsection1 complete the ,free ,application for ,federal ,student ,financial ,aid 7,,fafsa72 7ii7 assist all such students with completion of the ,,fafsa2 and 7iii7 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 eligibility2 7,e7 describe the criteria for admission to the pilot program that are used2 7,f7 describe the instructors that the pilot program will be using to teach the courses1 and what procedures the institution has in place to ensure that the pilot program is using qualified instructors compliant with ,state laws and accreditation standards2 7,g7 describe how such institution will conduct outreach to such eligible students1 their parents or caregivers1 first-generation college students1 and historically underrepresented students1 to encourage enrollment in the pilot program2 7,h7 commit to being a participant in a statewide articulation agreement1 have an articulation agreement with at least one public institution of higher education1 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 education2 7,i7 provide an assurance that such institution will inform such eligible students of their transfer options before they enroll1 including which other institutions of higher education are likely to accept credits accrued through participation in the pilot program and under what conditions2 7,j7 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 #b semesters of ,college in ,high ,school ,federal ,pell ,grants2 7,k7 commit to supplement1 not supplant1 the use of recurring public funding already received from ,federal or ,state sources2 and 7,l7 commit not to charge such eligible students any additional costs above that covered by the student's ,college in ,high ,school ,federal ,pell ,grant4 7#e7 ,competitive priority ,the ,secretary shall award priority for participation in the ,college in ,high ,school ,federal ,pell ,grant ,pilot ,program under this subsection to-- 7,a7 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 students2 and 7,b7 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 classes1 an eligible institution that has received accreditation by the ,national ,alliance of ,concurrent ,enrollment ,partnerships4 7#f7 ,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 institutions1 including by geography1 program focus1 and institution type4 7#g7 ,applicability of provisions 7,a7 ,in general ,except as otherwise provided under this subsection1 the provisions of this section shall apply to ,college in ,high ,school ,federal ,pell ,grants awarded under this subsection4 7,b7 ,waivers from existing statute ,for the purposes of carrying out the ,college in ,high ,school ,federal ,pell ,grant ,pilot ,program under this subsection1 for students enrolled at eligible institutions who have been accepted into the pilot program1 the ,secretary shall-- 7i7 waive the requirement under section #dhd7;a77#a7 that a student not be enrolled in an elementary or secondary school to be eligible to receive a ,federal ,pell ,grant2 and 7ii7 waive the requirement under section #dhd7;d7 that a student be a high school graduate to be eligible for a ,federal ,pell ,grant4 7,c7 ,two semester cap waiver ,notwithstanding subsection 7c77#e71 an eligible student may receive not more than #b semesters1 or the equivalent of #b semesters1 of ,college in ,high ,school ,federal ,pell ,grants1 prior to drawing down from the student's #ab semester eligibility period for ,federal ,pell ,grants4 7,d7 ,limitation on award amount ,for ,college in ,high ,school ,federal ,pell ,grants that do not apply towards a student's #ab semester eligibility period for ,federal ,pell ,grants1 the size of the ,college in ,high ,school ,federal ,pell ,grant shall be not more than the smaller of-- 7i7 the amount determined under subsection 7b72 and 7ii7 the costs of tuition1 fees1 transportation1 and instructional materials at the eligible institution at which the student is enrolled4 7#h7 ,limitation on use of funding 7,a7 ,in general ,an eligible student who receives a ,college in ,high ,school ,federal ,pell ,grant under this subsection may use the grant only for-- 7i7 credit-bearing college coursework2 and 7ii7 co-requisite courses4 7,b7 ,prohibition ,the use of a ,college in ,high ,school ,federal ,pell ,grant for non-credit bearing developmental coursework is prohibited4 7#i7 ,evaluation 7,a7 ,in general ,the ,secretary shall perform an evaluation1 or contract with an appropriate nonprofit entity to conduct an evaluation1 on the success of the ,college in ,high ,school ,federal ,pell ,grant ,pilot ,program under this subsection4 ,in addition1 the ,secretary shall provide updates to ,congress and the public not less often than every #f months on current participation in the ,college in ,high ,school ,federal ,pell ,grant ,pilot ,program1 and any barriers that are potentially affecting its success4 ,the evaluation shall consider1 to the extent practicable1 for students receiving a ,college in ,high ,school ,federal ,pell ,grant1 disaggregated by student subgroup1 the following3 7i7 ,student participation in the pilot program4 7ii7 ,college credit accumulation4 7iii7 ,high school graduation rates4 7iv7 ,postsecondary enrollment after high school graduation4 7v7 ,postsecondary enrollment without remediation4 7vi7 ,postsecondary persistence4 7vii7 ,postsecondary completion4 7viii7 ,differences in outcomes under clauses 7i7 through 7vii7 based upon type of institution1 program model1 and method of instruction4 7,b7 ,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 7,a74 7#aj7 ,definitions ,in this subsection3 7,a7 ,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 instruction4 7,b7 ,dual or concurrent enrollment program ,the term dual or concurrent enrollment program has the meaning given the term in section #haja of the ,elementary and ,secondary ,education ,act of #aife4 7,c7 ,early college high school ,the term early college high school has the meaning given the term in section #haja of the ,elementary and ,secondary ,education ,act of #aife4 7,d7 ,first-generation college student ,the term first-generation college student means-- 7i7 an individual both of whose parents did not complete a baccalaureate degree2 or 7ii7 in the case of any individual who regularly resided with and received support from only #a parent1 an individual whose only such parent did not complete a baccalaureate degree4 7,e7 ,high-need high school ,the term high-need high school means a secondary school that meets any of the following3 7i7 ,serves students not less than #ej percent of whom are students who meet either of the following3 7,i7 ,meet a measure of poverty as described in section #aaac7;a77#e7 of the ,elementary and ,secondary ,education ,act of #aife4 7,,ii7 ,are students described in any of the following items3 7aa7 ,racial or ethnic groups that are historically underserved4 7bb7 ,children with disabilities1 as defined in section #fjb of the ,individuals with ,disabilities ,education ,act4 7cc7 ,english learners1 as defined in section #haja of the ,elementary and ,secondary ,education ,act of #aife4 7dd7 ,migratory children1 as defined in section #acji of the ,elementary and ,secondary ,education ,act of #aife4 7ee7 ,homeless children and youths4 7ff7 ,students who are in foster care or are aging out of the foster care system4 7gg7 ,students with a parent who is a member of the ,armed ,forces 7as defined in section #aja7;a77#d7 of title #aj1 ,united ,states ,code7 on active duty 7as defined in section #aja7;d7 of such title74 7ii7 ,is identified for comprehensive support and improvement under section #aaaa7;c77#d77;,d77i7 of the ,elementary and ,secondary ,education ,act of #aife4 7iii7 ,is implementing a targeted support and improvement plan as described in section #aaaa7;d77#b7 of the ,elementary and ,secondary ,education ,act of #aife4 7,f7 ,high-need local educational agency ,the term high-need local educational agency means a local educational agency-- 7i7 that serves not fewer than #aj1jjj children from families with incomes below the poverty line2 7ii7 for which not less than #bj percent of the children served by the agency are from families with incomes below the poverty line2 or 7iii7 that is in the highest quartile of local educational agencies in the ,state1 based on student poverty4 7,g7 ,historically underrepresented student ,the term historically underrepresented student means-- 7i7 a student1 or prospective student1 at an institution of higher education who is at risk of educational failure or otherwise in need of special assistance and support2 and 7ii7 may include an adult learner1 working student1 part-time student1 student from a low-income background1 student of color1 ,native youth1 single parent 7including a single pregnant woman71 student who is a homeless child or youth1 youth who is in1 or has aged out of1 the foster care system1 first-generation college student1 and student with a disability4 7,h7 ,student subgroup ,the term student subgroup means-- 7i7 economically disadvantaged students2 7ii7 students from major racial and ethnic groups2 7iii7 children with disabilities1 as defined in section #fjb of the ,individuals with ,disabilities ,education ,act2 and 7iv7 ,english learners1 as defined in section #haja of the ,elementary and ,secondary ,education ,act of #aife4 4 ,j ,america ,,rising #eaaja4 ,short title ,this subtitle may be cited as the ,america ,realizing the ,informational ,skills and ,initiative of ,new ,graduates ,act of #bjbj or ,america ,,rising ,act of #bjbj4 #eaajb4 ,findings ,congress finds the following3 7#a7 ,according to the ,bureau of ,labor ,statistics1 in #bjab the national unemployment rate for individuals ages #be years and older with a bachelor's degree was #d4e percent and #f4b percent for individuals with an associate's degree4 ,for college graduates ages #ah to #be the national unemployment rate in #bjab was higher at #g4g percent4 ,because the typical college graduates leaves college owing an average of #bi1djj in student loan debt1 a rate that has increased #f percent every year since #bjjh1 the current job market offers exceedingly few opportunities for such graduates to obtain employment at a salary adequate to service their college loan debt4 7#b7 ,there are more than #bf million small businesses in the ,united ,states4 ,in the current economic climate1 these small businesses are experiencing difficulty in finding the resources needed to increase sales1 modernize operations1 and hire new employees4 7#c7 ,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 jobs4 7#d7 ,existing small businesses and companies will benefit from the information and technology skills possessed by many of the ,nation's recent college graduates4 7#e7 ,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 #bast century4 #eaajc4 ,establishment of ,america ,,rising program 7a7 ,establishment ,the ,secretary of ,labor and the ,secretary of ,education shall1 jointly1 establish a program under which-- 7#a7 grants are paid to eligible employers to defray the cost of compensation paid by such employers to recent college graduates2 and 7#b7 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 #bd months in subjects relating to mathematics1 science1 engineering1 or technology4 7b7 ,terms and conditions 7#a7 ,in general ,a grant under this section may be made on such terms and conditions as the ,secretary may determine4 7#b7 ,deferral of ,federal student loan obligations ,each recent college graduate participating in the program under this section 7by benefitting from a grant awarded under paragraph 7#a71 or receiving a grant under paragraph 7#b71 of subsection 7a77 may defer payment on ,federal student loans made to the graduate under title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj et seq47 for the period of the graduate's participation in the program4 7#c7 ,grants to eligible employers ,with respect to a grant awarded under subsection 7a77#a7-- 7,a7 an eligible employer-- 7i7 may use the grant to defray the cost of compensation for not more than #b recent college graduates2 and 7ii7 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 graduate2 and 7,b7 the ,secretary may not award an eligible employer more than #be1jjj per recent college graduate4 7#d7 ,grants to recent college graduates ,with respect to a grant awarded under subsection 7a77#b7 to a recent college graduate1 the graduate shall be eligible to receive ,federal student aid under title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj et seq47 without regard to whether the graduate has been or is delinquent on any ,federal student loans made to the graduate under such title ,,iv 7#bj ,u4,s4,c4 #ajgj et seq474 7c7 ,definitions ,in this section3 7#a7 ,eligible employer ,the term eligible employer means an employer that-- 7,a7 is a small business concern2 or 7,b7 is a major corporation that has an operation located in-- 7i7 an enterprise zone2 or 7ii7 an area in which1 according to the most recent data available1 the unemployment rate exceeds the national average unemployment rate by more than two percentage points4 7#b7 ,enterprise zone ,the term enterprise zone has the meaning given the term ,h,u,bzone in section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb74 7#c7 ,institution of higher education ,except as provided in paragraph 7#c77;,b71 the term institution of higher education has the meaning given the term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 7#d7 ,major corporation ,the term major corporation means an employer that earns an annual revenue of not less than #e1jjj1jjj and employs not less than #ej employees4 7#e7 ,recent college graduate 7,a7 ,in general ,the term recent college graduate means an individual-- 7i7 who has received a baccalaureate or associate degree from an institution of higher education on or after the date that is #bd months before the grant benefitting the graduate is awarded under this section2 and 7ii7 who has not previously received any such baccalaureate or associate degree4 7,b7 ,institution of higher education ,in subparagraph 7,a71 the term institution of higher education has the meaning given such term in section #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb74 7#f7 ,small business concern ,the term small business concern has the meaning given such term in section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb74 7d7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated to carry out this subtitle #ajj1jjj1jjj for each of the fiscal years #bjbb1 #bjbc1 and #bjbd4 7#b7 ,availability ,funds appropriated under paragraph 7#a7 shall remain available until expended4 ,k ,cyber ,security ,education and ,federal ,workforce ,enhancement ,act #eabja4 ,short title ,this subtitle may be cited as the ,cyber ,security ,education and ,federal ,workforce ,enhancement ,act4 #eabjb4 ,findings ,congress makes the following findings3 7#a7 ,the ,department of ,homeland ,security's ,cybersecurity ,education ,awareness 7,,ce,a7 ,branch was established under ,national ,security ,presidential ,directive-#ed_/;,homeland ,security ,presidential ,directive-#bc1 which launched the #bjjh ,comprehensive ,national ,cybersecurity ,initiative4 ,there is no appropriations language that references ,,ce,a2 it is funded through the ,infrastructure ,protection and ,information ,security appropriation under the ,national ,protection and ,programs ,directorate4 7#b7 ,the ,department of ,homeland ,security's ,,ce,a works with universities to attract top talent through competitive scholarship1 fellowship1 and internship programs4 7#c7 ,the agency certifies more than #abe institutions nationwide as ,national ,centers for ,academic ,excellence to teach students valuable technical skills in various disciplines of ,information ,assurance4 7#d7 ,the ,,ce,a prepares and makes available computer and information security lesson plans4 ,at the ,k-#ab level1 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 classroom4 7#e7 ,the agency initiated the ,,it ,security ,essential ,body of ,knowledge 7,,ebk74 ,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 responsibilities4 7#f7 ,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 jobs4 7#g7 ,the fields of computer and information security study is within the field of information assurance4 7#h7 ,the information assurance1 cybersecurity and computer security workforce encompasses a variety of context1 roles1 and occupations and is too broad and diverse to be treated as a single occupation or profession4 7#i7 ,science1 technology1 engineering1 and mathematics occupations1 which include computer and information security experts and professionals1 are expected to grow by #ag percent by the year #bjah compared to #i4h percent for other jobs4 7#aj7 ,the ,federal ,government is experiencing a shortage of qualified professionals with expertise in computer and information security4 7#aa7 ,insufficiently trained1 educated1 or supervised ,federal computer workers can reduce the ,nation's ability to secure computer networks from cyber attacks or incidents4 7#ab7 ,the computing and information security workforce encompasses a variety of context1 roles1 and occupations and is too broad an diverse to be treated as a single occupation or profession4 7#ac7 ,computing and information security is not solely a technical endeavor1 and thus encompasses a wide range of backgrounds and skills that will be needed in an effective national computing and information security workforce4 7#ad7 ,the route toward professionalization of a field of study can be slow and difficult1 and not all portions of a field can or should be professionalized at the same time4 7#ae7 ,it is essential1 just as it is for other disciplines like medicine and the law1 that academics1 employers1 and government share a common language to identify1 train1 educate1 and employ computer and information security professionals4 7#af7 ,the secure management of digital sensitive information collected maintained or transmitted by ,federal ,government agencies1 including taxpayer data1 ,social ,security records1 medical records1 intellectual property1 proprietary business information1 and sensitive ,government data vital to national security and national defense requires an educated and well-trained1 as well as supervised1 ,federal workforce4 7#ag7 ,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 ,government4 7#ah7 ,the ,department of ,homeland ,security's role is to lead1 champion1 and sustain the development of a national information assurance1 cybersecurity and computer security workforce1 as well as to educate the citizenry4 7#ai7 ,developing1 implementing1 and articulating programs that protect against and respond to computer and information security threats and hazards to the ,homeland's security4 7#bj7 ,the ,department of ,homeland ,security must create an agile1 diverse workforce and digital citizenry that are capable of sustaining a safe1 secure1 resilient computer and information security space1 driven by a dynamic ,department organization at the forefront of cross-sector computer and information security workforce development4 #a ,department of ,homeland ,security ,k-#ab ,excellence in ,science and ,technology #eabaa4 ,office of ,cybersecurity ,education and ,awareness 7a7 ,in general ,subtitle ,c of title ,,ii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #ada et seq47 is amended by adding at the end the following new section3 #bcj;,a4 ,office of ,cybersecurity ,education and ,awareness 7a7 ,establishment ,there shall be within the ,department an ,office of ,cybersecurity ,education and ,awareness ,branch 7hereinafter in this section referred to as the ,office74 7b7 ,responsibilities ,the ,office shall be responsible for carrying out the duties of the ,office as directed by the ,secretary4 ,the ,office shall also report to the ,secretary the ongoing work of the ,office4 ,further1 the ,office shall report on the statutory authority1 ,executive orders or agency directives that guide the work of the ,office4 ,the ,office shall report to the ,secretary what additional authority is needed to fulfill the mission for the ,office as outlined by the section4 ,the ,office shall also conduct research and make recommendations to the ,secretary to the extent that the agency can effectively engage in the following3 7#a7 ,recruiting1 retaining1 and sustaining the skills and knowledge of information assurance1 cybersecurity and computer security professionals in the ,department of ,homeland ,security1 hereinafter known as the ,department4 7#b7 ,supporting kindergarten through grade #ab science and technology and computer and information safety education through grants1 and training programs4 7#c7 ,supporting postsecondary information assurance1 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 ready4 7#d7 ,promoting public knowledge of computer and information security competitions to provide computer and information security competition administrators1 participants1 and sponsors with information necessary to further broader public participation in these activities4 7#e7 ,developing a guest lecturer program or part-time lecturer program comprised of information assurance1 cybersecurity and computer security experts in the ,federal ,government1 academia and private sector to support education of students at institutions of higher education who are pursuing degrees in computing science4 7#f7 ,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 professionals4 7#g7 ,developing programs that increase the capacity of institutions defined in section #cga of the ,higher ,education ,act of #aife-- 7,a7 ,historically ,black ,colleges and ,universities2 7,b7 professional and academic areas in which ,african-,americans are under represented2 7,c7 ,hispanic-serving institutions2 7,d7 ,native ,american colleges2 and 7,e7 rural colleges and universities4 7#h7 ,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 institutions4 7#i7 ,providing support to the institutions of higher education described in subparagraphs 7,a7 through 7,e7 of paragraph 7#g7 to provide course work and education in computer and information security designed to raise the number and diversity of students in the field4 ,the ,office may use the institutions defined under section #cga of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7 minority-serving institutions are defined as follows3 7,a7 ,a part ,b institution 7as defined in section #cbb 7#bj ,u4,s4,c4 #ajfa774 7,b7 ,a ,hispanic-serving institution 7as defined in section #ejb 7#bj ,u4,s4,c4 #aaja;a774 7,c7 ,a ,tribal ,college or ,university 7as defined in section #caf 7#bj ,u4,s4,c4 #ajei774 7,d7 ,an ,alaska ,native-serving institution or a ,native ,hawaiian-serving institution 7as defined in section #cag7;b7 7#bj ,u4,s4,c4 #ajei;d7b7774 7,e7 ,a ,predominantly ,black ,institution 7as defined in subsection 7c774 7,f7 ,an ,asian ,american and ,native ,american ,pacific ,islander-serving institution 7as defined in subsection 7c774 7,g7 ,a ,native ,american-serving nontribal institution 7as defined in subsection 7c774 7c7 ,definitions ,in this section3 7#a7 ,the term information assurance1 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 bill4 7#b7 ,the term ,k-#ab may be defined by the ,secretary in consultation with the ,k-#ab ,science and ,technology ,education ,board of ,advisors under section #eabae of the ,cyber ,security ,education and ,federal ,workforce ,enhancement ,act4 7#c7 ,the ,secretary may define higher education institutions under this title using definitions found in section #cga of the ,higher ,education ,act of #aife4 7#d7 ,the term professional and academic under represented areas means areas in which ,african-,americans1 ,hispanics1 and women are under represented has the meaning given such term by the ,secretary1 who may consult with the ,commissioner for ,education ,statistics and the ,commissioner of the ,bureau of ,labor ,statistics4 ,the basis of the determining the means should be based on most recent available satisfactory data1 as computing and information security professional and academic areas in which the percentage of ,african-,americans1 ,hispanics1 and females who have been educated1 trained1 and employed is less than the percentage of ,african-,americans1 ,hispanics1 and women in the general population4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of such ,act is amended by inserting after the item relating to section #bbe the following new item3 ,sec4 #bcj;,a4 ,office of ,cybersecurity ,education and ,awareness4 4 #eabab4 ,science and technology initiative grants 7a7 ,in general ,the ,secretary of ,homeland ,security shall consider existing authority to make grants to secondary schools under this section1 which shall be known as ,science and ,technology ,educators ,initiative ,grants4 7b7 ,selection of schools ,if the ,secretary determines that they have the authority they may select secondary schools to receive grants under this section1 the ,secretary may consider the following factors3 7#a7 ,whether more than #dj percent of the students at the secondary school are eligible for free or reduced price school meal programs under the ,richard ,b4 ,russell ,national ,school ,lunch ,act and the ,child ,nutrition ,act of #aiff4 7#b7 ,the location of the secondary school is in a rural area4 7#c7 ,the participation of representation of professions and academic area among students which will also include home schooled1 individuals residing in rural areas1 and individuals attending underperforming secondary schools4 7#d7 ,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 #bd-month period preceding the determination of eligibility under this subsection4 7#e7 ,the location of the secondary school in an area where the per capita income is of #hj percent or less of the national per capita income4 #eabac4 ,project-based learning program 7a7 ,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 program1 to be known as the ,k-#ab ,science and ,technology ,learning ,program and make a report to both ,house and ,senate ,oversight ,committees4 ,under such research program1 the ,secretary shall determine existing authority to-- 7#a7 create ,state and regional workshops to train teachers in science and technology project-based learning2 7#b7 establish between institutions of higher education1 businesses1 and local public and private educational agencies that serve students comprised of #dj 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 section2 7#c7 identify no cost or low cost summer and after school science and technology education programs and broadly disseminate that information to the public2 and 7#d7 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 expenses1 with a priority given to teachers who work in schools serving neglected1 delinquent1 migrant students1 ,english learners1 at-risk students1 and ,native ,americans1 as determined by the ,secretary4 7b7 ,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 education4 7c7 ,report to ,congress ,the ,secretary shall submit to ,congress an annual report on the program established under this section4 7d7 ,project-,based science and technology learning defined ,in this section1 the term project-based science and technology learning means a systematic teaching method that engages students in learning essential science1 technology1 engineering and mathematics through knowledge and life-enhancing skills through an extended1 student-influenced inquiry process structured around complex1 authentic questions and carefully designed products and tasks developed specifically for education4 #eabad4 ,matching funds for ,state and privately financed science and technology after-school programs 7a7 ,in general ,the ,secretary of ,homeland ,security shall provide matching funds to local educational agencies for after-school programs dedicated to science1 technology1 engineering1 and math in an amount equal to the amount provided to the program by a ,state1 local1 tribal1 or territorial government or by a nonprofit or private entity4 7b7 ,criteria ,in selecting programs for which to provide funds under this section1 the ,secretary shall consider-- 7#a7 the number of students served by the programs2 and 7#b7 the participation in the programs of students from populations referred to in section #bcj;,a of the ,homeland ,security ,act of #bjjb1 as added by section #eabaa4 7c7 ,limitation on amount of funding ,for any fiscal year1 no individual school's after-school program shall receive more than #e1jjj under this section4 #eabae4 ,science and ,technology ,board of ,advisors 7a7 ,establishment ,there is established in the ,department of ,homeland ,security the ,research ,k-#ab ,science and ,technology ,education ,board of ,advisors 7hereinafter in this section referred to as the ,board74 7b7 ,membership 7#a7 ,composition ,the ,board shall be composed of #ae members appointed by the ,secretary of ,homeland ,security1 all of whom shall have ,k-#ab education expertise in programs4 ,the ,secretary shall appoint members based on the following qualifications3 7,a7 ,members of the ,board shall have experience in ,k-#ab science1 technology1 engineering1 and mathematics education programs4 7,b7 ,members of the ,board shall have experience in training ,k-#ab educators on providing science and technology instruction4 7,c7 ,members of the ,board shall have experience in the promotion of science and technology education among under represented populations1 as defined by section #bcj;,a of the ,homeland ,security ,act of #bjjb1 as added by section #eabaa4 7#b7 ,deadline for appointment ,all members of the ,board shall be appointed not later than #fj days after the date of the enactment of this subtitle4 7#c7 ,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 made4 7#d7 ,compensation 7,a7 ,in general ,members of the ,board shall not receive any compensation for their service4 7,b7 ,travel expenses ,while away from their homes or regular places of business in the performance of services for the ,board1 members of the ,board shall be allowed travel expenses1 including per diem in lieu of subsistence1 in the same manner as persons employed intermittently in the ,government service are allowed expenses under section #egjc7;b7 of title #e1 ,united ,states ,code4 7,c7 ,prohibition of consultant or contracting work ,no member of the ,board while serving in this capacity or for #a 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 ,board4 7c7 ,responsibilities ,the responsibilities of the ,board are to research and make recommendations to the ,secretary on-- 7#a7 the status of ,k-#ab science and technology education domestically and internationally2 7#b7 how to increase the quality and diversity of science and technology curriculum2 7#c7 promoting ,k-#ab science and technology competitions2 7#d7 establishing a virtual network to support teacher and student science and technology education and development2 7#e7 ascertaining1 evaluating1 and reporting on best practices for project-based science and technology learning 7as such term is defined in section #eabac7;c772 and 7#f7 identifying ,k-#ab science and technology education efforts that are successful in engaging youth1 with proven competence in engaging females1 minorities1 individuals residing in rural areas1 individuals residing in majority minority districts1 home schooled students4 7d7 ,chair ,the ,chair of the ,board shall be designated by the ,secretary from among the members of the ,board4 7e7 ,meetings 7#a7 ,initial meeting ,the ,board shall meet and begin the operations of the ,board by not later than #ij days after the date of the enactment of this ,act4 7#b7 ,subsequent meetings ,after its initial meeting1 the ,board shall set the time and place of its next meeting4 ,the ,board can upon the call of the chairman or a majority of its members meet4 7#c7 ,quorum ,a majority of the ,board shall constitute a quorum4 7#d7 ,voting ,proxy voting shall be allowed on behalf of a member of the ,board4 7#e7 ,rules of procedure ,the ,board may establish rules for the conduct of the ,board's business1 if such rules are not inconsistent with this section or other applicable law4 7f7 ,powers 7#a7 ,hearings and evidence ,the ,board or1 on the authority of the ,board1 any subcommittee or member thereof1 may1 for the purpose of carrying out this part hold such hearings and sit and act at such times and places1 take such testimony1 receive such evidence1 administer such oaths4 7#b7 ,federal agency staff ,the ,secretary shall make decisions regarding ,federal agency staff to be detailed to support the work of the ,board4 7#c7 ,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 section4 7#d7 ,information from ,federal agencies 7,a7 ,in general ,after providing notice to the ,secretary who may provide staff from the ,department to meet the staffing needs of the ,board4 ,after #aj working days following notice to the ,secretary the ,board is authorized to secure directly from any executive department1 bureau1 agency1 board1 office1 independent establishment1 or instrumentality of the ,government1 information1 suggestions1 estimates1 and statistics for the purposes of this part4 ,each department1 bureau1 agency1 board1 office1 independent establishment1 or instrumentality shall1 to the extent authorized by law1 furnish such information1 suggestions1 estimates1 and statistics directly to the ,board1 upon request made by the chairman1 the chairman of any subcommittee created by a majority of the ,board1 or any member designated by a majority of the ,board4 7,b7 ,receipt1 handling1 storage1 and dissemination ,information shall only be received1 handled1 stored1 and disseminated by members of the ,board and its staff consistent with all applicable statutes1 regulations1 and ,executive orders4 7#e7 ,assistance from ,federal agencies 7,a7 ,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 functions4 7,b7 ,other departments and agencies ,in addition to the assistance prescribed in subparagraph 7,a71 departments and agencies of the ,united ,states may provide to the ,board such services1 funds1 facilities1 staff1 and other support services as they may determine advisable and as may be authorized by law4 7,c7 ,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 ,states4 7g7 ,staff 7#a7 ,in general 7,a7 ,appointment and compensation ,the ,chair1 in accordance with rules agreed upon by the ,board1 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 functions1 without regard to the provisions of title #e1 ,united ,states ,code1 governing appointments in the competitive service1 and without regard to the provisions of chapter #ea and subchapter ,,iii of chapter #ec of such title relating to classification and ,general ,schedule pay rates1 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 #ecaf of title #e1 ,united ,states ,code4 7,b7 ,personnel as ,federal employees 7i7 ,in general ,the executive director and any personnel of the ,board who are employees shall be employees under section #baje of title #e1 ,united ,states ,code1 for purposes of chapters #fc1 #ha1 #hc1 #hd1 #he1 #hg1 #hi1 and #ij of that title4 7ii7 ,members of the ,board ,clause 7i7 shall not be construed to apply to members of the ,board4 7#b7 ,detailees ,any ,federal ,government employee may be detailed to the ,board without reimbursement from the ,board1 and such detailee shall retain the rights1 status1 and privileges of his or her regular employment without interruption4 7#c7 ,administrative support from the department ,at the request of the ,board1 the ,secretary of ,homeland ,security shall provide the ,board with ,administrative support necessary for the ,board to carry out its duties under this part4 7h7 ,reports 7#a7 ,quarterly reports ,the ,board shall submit to the ,secretary of ,homeland ,security quarterly reports on the activities of the ,board4 7#b7 ,final report ,not later than two years after the date of the enactment of this ,act1 the ,board shall submit to the ,secretary a final report containing such findings conclusions1 and recommendations as have been agreed to by a majority of ,board members4 7i7 ,applicability of ,,faca 7#a7 ,in general ,nothing in the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall apply to the ,board4 7#b7 ,public meetings and release of public versions of reports ,the ,board shall-- 7,a7 hold public hearings and meetings to the extent appropriate2 and 7,b7 release public versions of the reports required under subsection 7h74 7#c7 ,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 statute1 regulation1 or ,executive order4 7j7 ,termination ,the ,board1 and all the authorities of this part1 shall terminate two years after the date of the ,board's first meeting1 which shall take place #ij days following its appointment4 7#a7 ,in general ,the ,board and all the authorities of this section shall terminate #fj days after the date on which the final report is submitted under subsection 7h77#b74 7#b7 ,administrative activities before termination ,the ,board may use the #fj-;day period referred to in paragraph 7#a7 for the purpose of concluding its activities1 including providing testimony to committees of ,congress concerning its reports and disseminating the final report4 7k7 ,funding ,there is authorized to be appropriated such sums as may be necessary to carry out this section4 ,amounts made available pursuant to this subsection shall remain available until the termination of the ,board4 #eabaf4 ,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 science1 technology1 engineering1 and mathematics4 ,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 section4 #b ,post-,secondary ,computer and ,information ,security ,education #eabba4 ,computing and ,information ,research ,working ,group 7a7 ,establishment ,there is hereby established in the ,department of ,homeland ,security the ,computing and ,information ,security ,post-,secondary ,education ,working ,group1 hereafter in this section referred to as the ,working ,group4 7b7 ,responsibilities ,the ,working ,group shall conduct research and-- 7#a7 assist the ,secretary in developing voluntary guidelines that could serve as guidance to ,federal civil agency training programs1 computer and information security certification authorities1 and accreditation bodies seeking guidance on developing1 enhancing1 or sustaining competitive information security2 and 7#b7 make recommendations to the ,secretary regarding-- 7,a7 the state of the computing and information security workforce development2 7,b7 evaluations and reports on the advantages1 disadvantages1 and approaches to professionalizing the ,nation's computing and information security workforce2 7,c7 criteria that can be used to identify which1 if any1 specialty areas may require professionalization2 7,d7 criteria for evaluating different approaches and tools for professionalization2 7,e7 techniques that enhance the efficiency and effectiveness of computing and information security workers2 7,f7 better tools and approaches for risk identification and assessment2 7,g7 improved system design and development2 7,h7 creation of better incentives for deployment of better computing and information security technologies2 7,i7 improvements in end user behaviors through training and better coordination among network managers2 7,j7 core curriculum requirements for computing and information security training2 7,k7 efficacy and efficiencies of taxonomy and definitions for computer and information security2 7,l7 guidelines for accreditations and certification of computing and information security college and university programs2 7,m7 identifying the role of mentors in the retention of students enrolled in computing and technology programs at institutions of higher education who complete degree programs2 7,n7 remote access to computing and information security education and training through the ,internet2 and 7,o7 institution of higher education funding and research needs4 7c7 ,deadline for submittal of research funding and recommendations 7#a7 ,initial research ,the ,working ,group shall submit to the ,secretary an initial research plan that will guide the work of the ,working ,group4 7#b7 ,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 agency4 ,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 agency4 7#c7 ,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 appointed4 7#d7 ,other recommendations ,not later than six months after all members of the ,working ,group are appointed1 the ,working ,group shall submit to the ,secretary research and recommendations on the effectiveness of ,federal civil agency computer and information security training programs1 including an evaluation of certification authorities and their role in providing work ready staff to fill positions with the agency4 7#e7 ,subsequent research and recommendations ,not later than one year after the date of the submittal of the initial research and recommendations under paragraph 7#a71 and annually thereafter1 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 workforce4 7d7 ,membership 7#a7 ,chair ,the ,chair of the ,working ,group shall be the ,director of the ,national ,institute of ,standards and ,technology or the ,director's designee4 7#b7 ,other members ,the ,working ,group shall be composed of #ba members1 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 member4 7#c7 ,appointment ,all appointments are for a term of #b years with one reappointment for an additional #b years4 7#d7 ,quorum ,a majority of the members of the ,working ,group shall constitute a quorum4 7e7 ,no compensation for service ,while away from their homes or regular places of business in the performance of services for the ,commission1 members of the ,commission shall be allowed travel expenses1 including per diem in lieu of subsistence1 in the same manner as persons employed intermittently in the ,government service are allowed expenses under section #egjc7;b7 of title #e1 ,united ,states ,code4 7f7 ,technical support from the ,department of ,homeland ,security ,at the request of the ,working ,group1 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 section4 7g7 ,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 7or any modification to any guideline7 adopted by the ,secretary under this section4 7h7 ,report ,not later than one year after the date of the enactment of this ,act1 the ,working ,group shall submit to the ,secretary a report containing researching findings1 an outline for other areas requiring research and why as well as recommendations of the ,working ,group4 7i7 ,submittal of recommendations to ,congress ,not later than #ah months after the date of the enactment of this ,act1 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 findings1 an outline of other areas requiring research and why and recommendations for furthering the cybersecurity of the agency4 7j7 ,treatment of recommendations ,the ,secretary has the benefit of the ,working ,group's work which the ,secretary may accept1 reject1 or modify4 ,the ,secretary shall not be bound by the recommendations of the ,working ,group4 7k7 ,publication of recommendations in ,federal ,register ,the ,secretary shall approve the publication of grant application guidelines in the ,federal ,register by not later than #ij days after receiving the report submitted under subsection 7h74 7l7 ,applicability of ,,faca ,nothing in the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app42 relating to the termination of advisory committees7 shall apply to the ,working ,group4 #eabbb4 ,process for adoption research and a best practices voluntary guidelines for laboratory facilities 7a7 ,establishment of the ,post-,secondary ,laboratory ,development ,task ,force ,the ,secretary of ,homeland ,security shall establish a ,post-,secondary ,laboratory ,research ,development ,task ,force 7hereinafter in this section referred to as the ,development ,task ,force74 7b7 ,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 assurance1 cybersecurity and computing security4 ,such research on what baseline equipment1 capacity1 skilled instruction1 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-- 7#a7 qualifications for laboratories for the purpose of providing education or instruction in computing security1 computer networks1 enterprises1 informatics1 and other systems designated by the ,secretary2 7#b7 types of software2 7#c7 types of hardware2 7#d7 types of firmware2 7#e7 security applications1 including firewalls1 whole hat hackers1 red teams1 and blue teams2 7#f7 security protocols needed to protect the physical and computer resources of the laboratory2 7#g7 accreditation and certification of college and university computer and information security laboratories2 7#h7 best practices for-- 7,a7 public-private collaborations to support secondary and post-secondary laboratory facilities for computer or information security2 7,b7 visiting guest lecture programs for business and ,government information technology security experts2 and 7,c7 developing real world laboratory exercise and proficiency measures2 and 7#i7 how best to recruit and retain instructors with requisite degrees to teach computer and information security courses to undergraduate and graduate students4 7c7 ,membership 7#a7 ,members ,the ,development ,task ,force shall be composed of #ai members1 including the ,chair4 ,the ,secretary of ,homeland ,security1 in consultation with the head of the entity represented by the member agencies1 shall appoint members4 ,the ,secretary shall appoint a chair from among the members of the ,development ,task ,force4 ,such members shall consist of one representative of each of the following agencies3 7,a7 ,the ,white ,house ,office of ,science and ,technology ,policy4 7,b7 ,the ,office of the ,director of ,national ,intelligence4 7,c7 ,the ,department of ,energy4 7,d7 ,the ,defense ,advanced ,research ,projects ,agency4 7,e7 ,the ,department of ,commerce4 7,f7 ,the ,national ,institutes of ,health4 7,g7 ,the ,national ,institute of ,science and ,technology4 7,h7 ,the ,national ,science ,foundation4 7,i7 ,the ,director of the ,office of ,personnel ,management4 7#b7 ,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 assurance1 cybersecurity and computing security3 7,a7 ,organizations with the mission of advancing computing as a science and profession4 7,b7 ,organizations that promote information system security education4 7,c7 ,professional associations that are well established and broadly recognized for the advancement of technology4 7,d7 ,professional associations that represent professionals and academics referred to in section #bcj;,a of the ,homeland ,security ,act of #bjjb1 as added by section #eabaa4 7,e7 ,k-#ab science and technology programs that conduct successful after school and summer programs for under represented populations1 rural communities and serve communities where unemployment is at least two percent higher than the national average4 7,f7 ,organizations that promote education of ,native ,americans or other indigenous peoples of the ,united ,states or its territories4 7,g7 ,regional diversity of public and private school districts that excel at science and technology education4 7#c7 ,quorum ,a majority of the members of the ,development ,task ,force shall constitute a quorum4 7#d7 ,voting ,proxy voting shall be allowed on behalf of a member of the ,development ,task ,force4 7#e7 ,rules of procedure ,the ,development ,task ,force may establish rules for the conduct of the ,development ,task ,force's business1 if such rules are not inconsistent with this section or other applicable law4 7d7 ,powers 7#a7 ,hearings and evidence ,the ,development ,task ,force or1 on the authority of the ,development ,task ,force1 or any subcommittee or member thereof1 may1 for the purpose of carrying out this section hold such hearings and sit and act at such times and places1 take such testimony1 receive such evidence1 and administer such oaths4 7#b7 ,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 ,board4 ,after #aj 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 section4 7#c7 ,information from federal agencies 7,a7 ,in general ,the ,development ,task ,force is authorized to secure directly from any executive department1 bureau1 agency1 board1 office1 independent establishment1 or instrumentality of the ,government information1 suggestions1 estimates1 and statistics for the purposes of this section4 ,each department1 bureau1 agency1 board1 office1 independent establishment1 or instrumentality shall1 to the extent authorized by law1 furnish such information1 suggestions1 estimates1 and statistics directly to the ,board1 upon request made by the chairman1 the chairman of any subcommittee created by a majority of the ,board1 or any member designated by a majority of the ,board4 7,b7 ,receipt1 handling1 storage1 and dissemination ,information shall only be received1 handled1 stored1 and disseminated by members of the ,board and its staff consistent with all applicable statutes1 regulations1 and ,executive orders4 7#d7 ,assistance from federal agencies 7,a7 ,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 functions4 7,b7 ,other departments and agencies ,in addition to the assistance prescribed in subparagraph 7,a71 departments and agencies of the ,united ,states may provide to the ,board such services1 funds1 facilities1 staff1 and other support services as they may determine advisable and as may be authorized by law4 7,c7 ,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 ,states4 7e7 ,staff 7#a7 ,in general ,while away from their homes or regular places of business in the performance of services for the ,commission1 members of the ,commission shall be allowed travel expenses1 including per diem in lieu of subsistence1 in the same manner as persons employed intermittently in the ,government service are allowed expenses under section #egjc7;b7 of title #e1 ,united ,states ,code4 7#b7 ,personnel as federal employees 7,a7 ,in general ,the executive director and any personnel of the ,development ,task ,force who are employees shall be employees under section #baje of title #e1 ,united ,states ,code1 for purposes of chapters #fc1 #ha1 #hc1 #hd1 #he1 #hg1 #hi1 and #ij of that title4 7,b7 ,members of the development task force ,subparagraph 7,a7 shall not be construed to apply to members of the ,development ,task ,force4 7#c7 ,detailees ,any ,federal ,government employee may be detailed to the ,board without reimbursement from the ,development ,task ,force1 and such detailee shall retain the rights1 status1 and privileges of his or her regular employment without interruption4 7f7 ,no compensation for service ,members of the ,development ,task ,force shall not receive any compensation for their service1 but shall be paid travel expenses1 including per diem in lieu of subsistence1 at rates authorized for employees of agencies under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from their homes or regular places of business in the performance of services for the ,development ,task ,force4 7g7 ,prohibition of consultant or contracting work ,no member of the ,development ,task ,force while serving in this capacity or for #a 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 ,force4 7h7 ,report ,the ,development ,task ,force shall submit a report to the ,secretary of ,homeland ,security2 a report on research findings1 best practices voluntary guidelines and recommendations to the ,secretary4 ,the report shall be in unclassified form but may include a classified annex4 7i7 ,secretary of ,homeland ,security report ,the ,secretary shall submit to ,congress a report on the work of the ,development ,task ,force's1 research into best practices voluntary guidelines1 areas that require additional study and a set of recommendations4 ,the ,secretary shall indicate to the ,congress which ,development ,task ,force recommendations have been implemented1 which will be implemented1 or which will be rejected and why4 7j7 ,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 section4 7k7 ,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 7or any modification to any guidelines7 based on the work of the ,development ,task ,force4 7l7 ,prohibition of consultant or contracting work ,no member of the ,development ,task ,force while serving in this capacity or for #a 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 ,force4 #eabbc4 ,computing and information security mentoring programs for college students 7a7 ,office of ,cybersecurity and ,information ,security ,professional's ,mentoring ,program 7#a7 ,in general ,subtitle ,c of title ,,ii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #ada et seq47 is further amended by adding at the end the following new section3 #bcj;,b4 ,office of ,computing and ,information ,security ,professional's ,mentoring ,program 7a7 ,establishment ,there is in the ,department an ,office of ,computing and ,information ,security ,professional's ,mentoring ,program4 ,the head of the office is the ,mentoring ,coordinator1 who shall be appointed by the ,secretary4 7b7 ,responsibilities ,the ,mentoring ,coordinator shall be responsible for working with outreach to institution of higher education1 critical infrastructure owners1 and the heads of ,federal departments and agencies to develop and promote the participation of professionals as volunteer mentors to-- 7#a7 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 security2 7#b7 students enrolled in a program of education leading to a doctoral degree in computing or information security2 and 7#c7 new employees of ,federal departments and agencies whose primary responsibilities relate to computing or information security4 4 7#b7 ,clerical amendment ,the table of contents in section #a7;b7 of such ,act is further amended by inserting after the item relating to section #bcj;,a the following new item3 ,sec4 #bcj;,b4 ,office of ,computing and ,information ,security ,professional's ,mentoring ,program4 4 7b7 ,grant program 7#a7 ,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 assurance1 cybersecurity or computing security programs4 7#b7 ,covered institutions of higher learning ,for purposes of this subsection1 the term covered institution of higher learning means those institutions as defined in section #cga of the ,higher ,education ,act of #aife and listed in section #eabaa of this bill4 #eabbd4 ,grants for computer equipment 7a7 ,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 purposes4 7b7 ,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 software4 7c7 ,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 grant4 7d7 ,qualification ,in making grants under this section1 the ,secretary-- 7#a7 shall take into consideration whether more than #ej percent of the students at an institution are taking online or distance learning computer science and information security courses2 and 7#b7 may establish guidance to institutions for entering into laboratory facilities sharing agreements to allow institutions to qualify for grants under this section4 #eabbe4 ,centers of ,academic ,computing and ,information ,assurance 7a7 ,program established ,the ,secretary of ,homeland ,security shall establish a program for ,centers of ,academic ,computer and ,information ,assurance ,distinction4 7b7 ,designation of ,centers 7#a7 ,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 established4 ,the ,secretary may make public the ,centers for ,distinction in ,academic ,computing and ,information ,security ,assurance4 7#b7 ,revocation of designations ,the ,secretary may revoke the designation of a ,center of ,distinction for ,academic ,computing and ,information ,security ,assurance4 7#c7 ,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 section4 7#d7 ,distance learning ,in designating ,centers under this section1 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 assurance1 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 section4 7c7 ,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 #cga of the ,higher ,education ,act of #aife listed in section #eabaa of this subtitle4 7d7 ,report ,not later than #bbj days after the date of the enactment of this ,act1 the ,secretary shall submit to ,congress recommendations regarding distance learning computer and information security programs for meeting the cybersecurity professional requirements of the agency4 7e7 ,consideration of programs ,the ,secretary may consider the following when making grants to postsecondary education institutions and private sector entities who are contracted1 provided grants or funds to conduct research on information assurance1 cybersecurity and computing security to advance the agency's cybersecurity capacity3 7#a7 ,institutions designated as a ,center of ,distinction for ,academic ,computing and ,information ,security ,assurance4 7#b7 ,institutions who have established academic mentoring and program development partnerships related to information assurance1 cybersecurity1 and computing security academic programs with institutions defined under section #cga of the ,higher ,education ,act of #aife listed in section #eabaa of this subtitle4 #c ,federal ,workforce ,computer and ,information ,security ,professional ,development #eabca4 ,lifelong learning in computer and information security study 7a7 ,establishment ,the ,secretary of ,homeland ,security shall establish a program to be known as the ,lifelong ,computer and ,information ,security ,study4 ,such program shall be designed to promote computer and information security professionals among ,federal civilian agencies1 critical infrastructure1 and the general public by supporting post-employment education and training4 7b7 ,discretion of ,secretary ,the ,secretary shall have the discretion to determine the best methods for accomplishing the objective of this section4 7c7 ,reports ,the ,secretary shall periodically submit to ,congress a report on the implementation of this section4 #eabcb4 ,computer and information security job opportunities program 7a7 ,in general ,the ,secretary of ,homeland ,security1 acting through the ,deputy ,assistant ,secretary for ,cybersecurity ,education and ,awareness1 shall establish1 in conjunction with the ,national ,science ,foundation1 a program to award grants to institutions of higher education 7and consortia thereof7 for-- 7#a7 the establishment or expansion of computer and information security professional development programs2 7#b7 the establishment or expansion 7or both7 of associate degree programs in computer and information security2 and 7#c7 the purchase of equipment to provide training in computer and information security for either professional development programs or degree programs4 7b7 ,goals and criteria ,the ,secretary1 acting through the ,deputy ,assistant ,secretary and in consultation with the ,working ,group established under section #eabba1 shall establish the goals for the program under this section and the criteria for awarding grants4 7c7 ,awards 7#a7 ,peer review ,all awards under this section shall be provided on a competitive1 merit-reviewed basis4 ,the peer review process shall be published in the ,federal ,register4 ,those serving in a peer review role shall do so for #b years with an option for #a additional term4 ,applicants in the event of a denial of an award shall be provided with a detailed explanation for the denial4 7#b7 ,focus ,in making awards under this section1 the ,deputy ,assistant ,secretary shall1 to the extent practicable1 ensure geographic diversity and the participation of women and under represented minorities4 7#c7 ,preference ,in making awards under this section1 the ,deputy ,assistant ,secretary shall-- 7,a7 give preference to applications submitted by consortia of institutions1 to encourage as many students and professionals as possible to benefit from the program established under this section2 7,b7 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 #aife2 and 7,c7 consider the enrollment of students in online and distance learning courses4 7d7 ,institution of higher education defined ,in this section the term institution of higher education has the meaning given that term in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a774 #eabcc4 ,department of ,homeland ,security ,cybersecurity training programs and equipment 7a7 ,in general ,the ,secretary of ,homeland ,security1 acting through the ,assistant ,secretary of ,cybersecurity1 shall establish1 in conjunction with the ,national ,science ,foundation1 a program to award grants to institutions of higher education 7and consortia thereof7 for-- 7#a7 the establishment or expansion of cybersecurity professional development programs2 7#b7 the establishment or expansion 7or both7 of associate degree programs in cybersecurity2 and 7#c7 the purchase of equipment to provide training in cybersecurity for either professional development programs or degree programs4 7b7 ,roles 7#a7 ,department of ,homeland ,security ,the ,secretary1 acting through the ,assistant ,secretary and in consultation with the ,director of the ,national ,science ,foundation1 shall establish the goals for the program established under this section and the criteria for awarding grants4 7#b7 ,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 7#a71 including soliciting applicants1 reviewing applications1 and making and administering awards4 ,the ,director may consult with the ,assistant ,secretary in selecting awardees4 7#c7 ,funding ,the ,secretary shall transfer to the ,national ,science ,foundation the funds necessary to carry out this section4 7c7 ,awards 7#a7 ,peer review ,all awards under this section shall be provided on a competitive1 merit-reviewed basis4 7#b7 ,focus ,in making awards under this section1 the ,director shall1 to the extent practicable1 ensure geographic diversity and the participation of women and under represented minorities4 7#c7 ,preference ,in making awards under this section1 the ,director-- 7,a7 shall give preference to applications submitted by consortia of institutions1 to encourage as many students and professionals as possible to benefit from the program established under this section2 and 7,b7 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 #aife4 7d7 ,institution of higher education defined ,in this section the term institution of higher education has the meaning given that term in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a774 7e7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary for carrying out this section #c1gjj1jjj for each of fiscal years #bjbb and #bjbc4 #eabcd4 ,e-,security ,fellows ,program 7a7 ,establishment of program ,subtitle ,c of title ,,ii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aba et seq47 is further amended by adding at the end the following3 #bcj;,c4 ,e-,security ,fellows ,program 7a7 ,establishment 7#a7 ,in general ,the ,secretary shall establish a fellowship program in accordance with this section for the purpose of bringing ,state1 local1 tribal1 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 capabilities1 including but not limited to-- 7,a7 enhancing ,federal1 ,state1 local1 and tribal government cybersecurity2 7,b7 developing partnerships with other ,federal agencies1 ,state1 local1 and tribal governments1 and the private sector2 7,c7 improving and enhancing public_/private information sharing involving cyber attacks1 threats1 and vulnerabilities2 7,d7 providing and coordinating incident response and recovery planning efforts2 and 7,e7 fostering training and certification4 7#b7 ,program name ,the program under this section shall be known as the ,e-,security ,fellows ,program4 7b7 ,eligibility ,in order to be eligible for selection as a fellow under the program1 an individual must-- 7#a7 have cybersecurity-related responsibilities2 and 7#b7 be eligible to possess an appropriate national security clearance4 7c7 ,limitations ,the ,secretary-- 7#a7 may conduct up to #b iterations of the program each year1 each of which shall be #ahj days in duration2 and 7#b7 shall ensure that the number of fellows selected for each iteration does not impede the activities of the ,division4 7d7 ,condition ,as a condition of selecting an individual as a fellow under the program1 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 fellowship4 7e7 ,stipend ,during the period of the fellowship of an individual under the program1 the ,secretary shall1 subject to the availability of appropriations1 provide to the individual a stipend to cover the individual's reasonable living expenses during the period of the fellowship4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of such ,act is amended by adding at the end of the items relating to such subtitle the following3 ,sec4 #bcj;,c4 ,e-,security ,fellows ,program4 4 #d ,research #eabda4 ,national ,science ,foundation study on science and technology student retention 7a7 ,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 science1 technology1 engineering1 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 technology4 7b7 ,report ,not later than #ahj days after the date of the enactment of this ,act1 the ,national ,science ,foundation shall submit to ,congress a report on the study conducted under subsection 7a7 together with any recommendations of the ,national ,science ,foundation4 #eabdb4 ,challenge ,grants 7a7 ,in general ,the ,secretary of ,homeland ,security shall make grants to the ,center of ,distinction for ,academic ,computing and ,information ,security ,assurance1 which shall be known as ,challenge ,grants4 ,the recipient of a grant under this section shall use the grant to form a partnership with section #bcj;,a of the ,homeland ,security ,act of #bjjb1 as added by section #eabaa 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 ,security4 ,the ,secretary shall ensure that the institutions that receive assistance under this subsection are the institutions as defined under section #cga of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq74 7b7 ,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 7a74 #eabdc4 ,e-,security ,fellows ,program 7a7 ,establishment of program ,subtitle ,c of title ,,ii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aba et seq47 is further amended by adding at the end the following3 #bcj;,d4 ,e-,security ,fellows ,program 7a7 ,establishment 7#a7 ,in general ,the ,secretary shall establish a fellowship program in accordance with this section for the purpose of bringing ,state1 local1 tribal1 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 capabilities1 including but not limited to-- 7,a7 developing partnerships with other ,federal agencies1 ,state1 local1 and tribal governments1 and the private sector2 and 7,b7 fostering training and certification4 7#b7 ,program name ,the program under this section shall be known as the ,e-,security ,fellows ,program4 7b7 ,eligibility ,in order to be eligible for selection as a fellow under the program1 an individual must-- 7#a7 have computer and information security-related responsibilities2 and 7#b7 be eligible to possess an appropriate national security clearance4 7c7 ,limitations ,the ,secretary-- 7#a7 may conduct up to #b iterations of the program each year1 each of which shall be #ahj days in duration2 and 7#b7 shall ensure that the number of fellows selected for each iteration does not impede the activities of the ,division4 7d7 ,condition ,as a condition of selecting an individual as a fellow under the program1 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 fellowship4 7e7 ,stipend ,during the period of the fellowship of an individual under the program1 the ,secretary shall1 subject to the availability of appropriations1 provide to the individual a stipend to cover the individual's reasonable living expenses during the period of the fellowship4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of such ,act is further amended by adding at the end of the items relating to such subtitle the following3 ,sec4 #bcj;,d4 ,e-,security ,fellows ,program4 4 ,l ,college ,student ,hunger #eacja4 ,short title ,this subtitle may be cited as the ,college ,student ,hunger ,act of #bjbj4 #eacjb4 ,eligibility of students to participate in the supplemental nutrition assistance program 7a7 ,definition of household ,section #c7m7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjab7m77 is amended-- 7#a7 in paragraph 7#d71 by inserting 1 except with respect to the individuals described in paragraph 7#e77;,f71 before constitute2 and 7#b7 in paragraph 7#e71 by adding at the end the following3 7,f7 ,students that are enrolled in and are residents of an institution of higher education 7as defined in section #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb77 and are eligible to participate in the supplemental nutrition assistance program under paragraphs 7#a7 through 7#aa7 of section #f7;e74 4 7b7 ,eligibility of students ,section #f7;e7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjae7;e77 is amended-- 7#a7 in paragraph 7#d71 by striking #bj and inserting #aj2 7#b7 in paragraph 7#g71 by striking or at the end2 7#c7 in paragraph 7#h71 by striking the period at the end and inserting a semicolon2 and 7#d7 by adding at the end the following3 7#i7 is eligible for a ,federal ,pell ,grant under section #dja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;a72 7#aj7 has an expected family contribution equal to zero1 as determined by the procedures established in part ,f of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhgkk et seq472 or 7#aa7 is independent 7as the term is defined under subparagraph 7,b71 7,c71 7,d71 7,g71 or 7,h7 of section #dhj7;d77#a7 of the ,higher ,education ,act 7#bj ,u4,s4,c4 #ajhgvv7d77#a7774 4 #eacjc4 ,eligibility notification for students ,not later than #a year after the effective date under section #eacjg1 the ,secretary of ,education1 in consultation with the ,secretary of ,agriculture1 shall-- 7#a7 notify each student who completes the ,free ,application for ,federal ,student ,aid and is eligible for a ,federal ,pell ,grant under section #dja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;a7 or has an expected family contribution equal to zero1 as determined by the procedures established in part ,f of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhgkk et seq471 that the student may be eligible for the supplemental nutrition assistance program established under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq472 and 7#b7 direct each student notified under paragraph 7#a7 to the appropriate ,state resource to apply for benefits under that program4 #eacjd4 ,communication of information on student eligibility for the supplemental nutrition assistance program 7a7 ,definitions ,in this section3 7#a7 ,college student ,the term college student means a student enrolled in an institution of higher education4 7#b7 ,inspector ,general ,the term ,inspector ,general means the ,inspector ,general of the ,department of ,agriculture4 7#c7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb74 7#d7 ,program ,the term program means the supplemental nutrition assistance program established under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq474 7#e7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture4 7b7 ,audit 7#a7 ,in general ,not later than #ij days after the effective date under section #eacjg1 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 program4 7#b7 ,report to ,congress ,not later than #ij days after completing the audit under paragraph 7#a71 the ,inspector ,general shall submit to ,congress a report describing the results of the audit4 7c7 ,strategies report ,not later than #ij days after the ,inspector ,general submits to ,congress a report under subsection 7b77#b71 the ,secretary shall submit to ,congress a report that describes the strategy to be used by the ,food and ,nutrition ,service-- 7#a7 to increase the awareness of ,state agencies and institutions of higher education about-- 7,a7 college student hunger2 7,b7 the eligibility of college students for the program2 and 7,c7 the procedures and resources available to college students who are participating in the program to access benefits under the program2 7#b7 to identify existing or potential barriers and mitigation strategies with respect to those barriers2 and 7#c7 to update the strategic communications plan under subsection 7d74 7d7 ,updated ,state ,outreach ,plan ,guidance ,not later than #ij days after the ,inspector ,general submits to ,congress a report under subsection 7b77#b71 the ,secretary shall publish an updated ,state ,outreach ,plan ,guidance that-- 7#a7 describes existing data on college student hunger2 7#b7 describes the manner in which college students can access the supplemental nutrition assistance program2 7#c7 recommends outreach activities to address college student hunger and encourages ,states to conduct those and other outreach activities2 7#d7 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 hunger2 and 7#e7 contains updated guidance based on the results of the audit conducted under subsection 7b77#a7 and the contents of the report submitted under subsection 7c74 #eacje4 ,demonstration pilot program ,the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq47 is amended by adding at the end the following3 #ca4 ,college student hunger pilot program 7a7 ,definitions ,in this section3 7#a7 ,college student ,the term college student means a student enrolled in an institution of higher education4 7#b7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb74 7#c7 ,pilot program ,the term pilot program means the pilot program established under subsection 7b74 7b7 ,pilot program ,the ,secretary1 in collaboration with the ,secretary of ,education1 shall establish a pilot program under which the ,secretary shall carry out demonstration projects in accordance with subsection 7c7-- 7#a7 to decrease student hunger at institutions of higher education2 and 7#b7 to reduce barriers to college students fully utilizing supplemental nutrition assistance program benefits at institutions of higher education4 7c7 ,demonstration projects ,to carry out the pilot program1 the ,secretary shall carry out demonstration projects that test the following new supplemental nutrition assistance program delivery methods3 7#a7 ,allowing a college student receiving supplemental nutrition assistance program benefits to use those benefits or the cash value of those benefits-- 7,a7 to purchase prepared foods from a campus dining hall1 on-campus store1 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 enrolled2 and 7,b7 to pay the institution of higher education the cost of an on-campus college meal plan1 in whole or in part4 7#b7 ,allowing a college student to use an ,,ebt card or a campus-specific card at any of the locations described in paragraph 7#a77;,a74 7d7 ,project limit 7#a7 ,in general ,the ,secretary shall carry out not more than #aj demonstration projects under the pilot program simultaneously4 7#b7 ,institutions ,the ,secretary shall carry out not more than #a demonstration project under the pilot program at any single institution of higher education4 7e7 ,project administration ,the ,secretary shall establish criteria and parameters for selecting1 operating1 monitoring1 and terminating each demonstration project under the pilot program4 7f7 ,project termination ,to the maximum extent practicable1 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 project4 7g7 ,program termination ,the pilot program shall terminate on the date that is #aj years after the date on which the pilot program is established4 7h7 ,evaluation ,for the duration of the pilot program1 the ,secretary shall1 in collaboration with the ,under ,secretary for ,research1 ,education1 and ,economics and the ,director of the ,institute of ,education ,sciences1 conduct an annual evaluation of each demonstration project carried out under the pilot program during the year covered by the evaluation1 including an analysis of the extent to which the project is meeting the desired outcomes4 7i7 ,report ,for the duration of the pilot program1 the ,secretary shall submit to the ,committees on ,agriculture1 ,nutrition1 and ,forestry and ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committees on ,agriculture and ,education and ,labor of the ,house of ,representatives an annual report that includes-- 7#a7 a description of each demonstration project carried out under the pilot program during the year covered by the report2 7#b7 the evaluation conducted under subsection 7h72 and 7#c7 recommendations for legislation to improve the supplemental nutrition assistance program to better serve college students4 7j7 ,waiver and modification authority 7#a7 ,in general ,subject to paragraph 7#b71 the ,secretary may1 as may be necessary solely to carry out the pilot program-- 7,a7 waive any provision under this ,act1 including-- 7i7 the requirement relating to local sales tax under section #d7;a72 7ii7 requirements relating to the issuance and use of supplemental nutrition assistance program benefits under section #g2 and 7iii7 requirements for approval of retail food stores under section #i2 and 7,b7 modify the definitions under this ,act for the purposes of the pilot program1 including the definition of-- 7i7 the term food under section #c7k72 7ii7 the term household under section #c7m72 and 7iii7 the term retail food store under section #c7o74 7#b7 ,limitation ,the ,secretary may not waive a provision or modify a definition under paragraph 7#a7 if the waiver or modification will-- 7,a7 cause increased difficulty for any household to apply for or access supplemental nutrition assistance program benefits2 or 7,b7 reduce the value of those benefits for any household4 7k7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary such sums as are necessary to carry out this section4 4 #eacjf4 ,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 ,act4 ,m ,,campus ,,hate ,crimes #eadja4 ,short title ,this subtitle may be cited as the ,creating ,accountability ,measures ,protecting ,university ,students ,historically ,abused1 ,threatened1 and ,exposed to ,crimes ,act or the ,,campus ,,hate ,crimes ,act4 #eadjb4 ,findings ,congress finds the following3 7#a7 ,the incidence of violence motivated by the actual or perceived race1 color1 religion1 national origin1 gender1 sexual orientation1 gender identity1 or disability of the victim1 known as hate crimes or crimes motivated by bias1 poses a serious national problem4 7#b7 ,such violence motivated by hatred and bigotry endangers our citizens and disrupts the communities they live in1 by tearing at the fabric of our ,nation and our constitutional aspiration to create a stronger1 more perfect union4 7#c7 ,according to data obtained by the ,southern ,poverty ,law ,center1 schools were a particularly common location for hate crimes to occur--including #aej incidents on college campuses in #cc ,states since ,november4 7#d7 ,this level of violence demonstrates an unprecedented escalation in race and hate-based crime being committed on college campuses compared to recent years4 7#e7 ,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 messaging4 ,such efforts include placing fliers around campus1 online organizing1 and bringing national leaders to speak4 7#f7 ,college campuses have become the ideal location for hate group activity because they traditionally embrace diversity1 tolerance1 and social justice and strive for equality and have created safe spaces for students of every gender and identity4 7#g7 ,these are soft targets for such groups1 because students are more curious and receptive to new1 even radical1 ideas than older individuals4 7#h7 ,the ,higher ,education ,act of #aife and the ,jeanne ,clery ,disclosure of ,campus ,security ,policy and ,campus ,crime ,statistics ,act have enabled ,federal authorities to understand1 report1 and where appropriate1 investigate and prosecute hate crimes committed within the jurisdiction of an institution of higher education4 7#i7 ,however1 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 evaluate1 prepare1 and implement an effective strategy to prevent and respond to such crimes4 7#aj7 ,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 place1 and the assistance services available4 7#aa7 ,federal financial assistance with regard to providing training1 technical assistance1 evaluation1 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 needs4 7#ab7 ,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 community4 7#ac7 ,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 crimes1 including violence motivated by the actual or perceived race1 color1 religion1 national origin1 gender1 sexual orientation1 gender identity1 or disability of the victim4 7#ad7 ,the problem of crimes motivated by bias is sufficiently serious1 widespread1 and interstate in nature as to warrant ,federal financial assistance to ,states and local jurisdictions4 #eadjc4 ,hate crime prevention and response ,part ,b of title ,i of the ,higher ,education ,act of #aife is amended by adding at the end the following3 #abd4 ,hate crime prevention and response 7a7 ,restriction on eligibility ,notwithstanding any other provision of law1 no institution of higher education shall be eligible to receive funds or any other form of financial assistance under any program under title ,,iv1 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 that1 at a minimum1 includes-- 7#a7 the annual distribution to each student and employee of-- 7,a7 standards of conduct and the applicable sanctions that clearly prohibit1 at a minimum1 the acts or threats of violence1 property damage1 harassment1 intimidation1 or other crimes that specifically target an individual based on their race1 religion1 ethnicity1 handicap1 sexual orientation1 gender1 or gender identification by students and employees on the institution's property or as a part of any of the institution's activities2 7,b7 a clear definition of what constitutes a hate crime or hate incident under ,federal and ,state law or other applicable authority2 7,c7 a description of the applicable legal sanctions under local1 ,state1 or ,federal law for perpetrating a hate crime2 7,d7 a description of any counseling1 medical treatment1 or rehabilitation programs that are available to students or employees that are victims of hate crimes or other hate-based incidences2 7,e7 a description of applicable services for students to be able to switch dorms1 classes1 or make other arrangements should they feel unsafe in those spaces due to a hate crime which affects such space2 and 7,f7 a distinct statement that the institution will impose sanctions on students and employees 7consistent with local1 ,state1 and ,federal law71 and a description of those sanctions1 up to and including expulsion or termination of employment and referral for prosecution1 for violations of the standards of conduct required by subparagraph 7,a72 and 7#b7 a quadrennial review by the institution of the institution's program to-- 7,a7 determine the program's effectiveness and implement changes to the program if the changes are needed2 7,b7 determine the number of hate crimes and fatalities that-- 7i7 occur on the institution's campus 7as defined in section #dhe7;f77#f771 or as part of any of the institution's activities2 and 7ii7 are reported to campus officials or nonaffiliated local law enforcement agencies with jurisdiction over the incident2 7,c7 determine the number1 type1 and severity of sanctions described in paragraph 7#a77;,f7 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 activities2 and 7,d7 ensure that sanctions required by paragraph 7#a77;,f7 are consistently enforced4 7b7 ,information availability ,each institution of higher education that provides the certification required by subsection 7a7 shall1 upon request1 make available to the ,secretary and to the public a copy of each item required by subsection 7a77#a7 as well as the results of the biennial review required by subsection 7a77#b74 7#a7 ,regulations 7,a7 ,in general ,the ,secretary shall publish regulations to implement and enforce the provisions of this section1 including regulations that provide for-- 7i7 the periodic review of a representative sample of programs required by subsection 7a72 and 7ii7 a range of responses and sanctions for institutions of higher education that fail to implement their programs or to consistently enforce their sanctions1 including information and technical assistance1 the development of a compliance agreement1 and the termination of any form of ,federal financial assistance4 7,b7 ,inclusivity program ,the sanctions required by subsection 7a77#a77;,f7 that are imposed by the institution of higher education1 may include an inclusivity program as an explicit condition of remaining enrolled at the institution of higher education1 that the defendant successfully undertake educational classes or community service directly related to the community harmed by the respondent's offense4 7#b7 ,appeals ,upon determination by the ,secretary to terminate financial assistance to any institution of higher education under this section1 the institution may file an appeal with an administrative law judge before the expiration of the #cj-;day period beginning on the date such institution is notified of the decision to terminate financial assistance under this section4 ,such judge shall hold a hearing with respect to such termination of assistance before the expiration of the #de-;day period beginning on the date that such appeal is filed4 ,such judge may extend such #de-;day period upon a motion by the institution concerned4 ,the decision of the judge with respect to such termination shall be considered to be a final agency action4 7#c7 ,hate crime prevention and response grants 7,a7 ,program authority ,the ,secretary may make grants to institutions of higher education or consortia of such institutions1 and enter into contracts with such institutions1 consortia1 and other organizations1 to develop1 implement1 operate1 improve1 and disseminate programs of prevention1 and education to reduce and eliminate hate crimes4 ,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 training1 technical assistance1 evaluation1 dissemination1 and associated services and assistance to the higher education community as determined by the ,secretary and institutions of higher education4 7,b7 ,awards ,grants and contracts shall be awarded under subparagraph 7,a7 on a by needs basis4 7,c7 ,applications ,an institution of higher education or a consortium of such institutions that desires to receive a grant or contract under paragraph 7,a7 shall submit an application to the ,secretary at such time1 in such manner1 and containing or accompanied by such information as the ,secretary may reasonably require by regulation4 7,d7 ,additional requirements 7i7 ,participation ,in awarding grants and contracts under this subsection the ,secretary shall make every effort to ensure-- 7,i7 the equitable participation of private and public institutions of higher education 7including community and junior colleges72 and 7,,ii7 the equitable geographic participation of such institutions4 7ii7 ,consideration ,in awarding grants and contracts under this subsection the ,secretary shall give appropriate consideration to institutions of higher education with limited enrollment4 7,e7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this subsection such sums as may be necessary for fiscal year #bjbj and each of the #e succeeding fiscal years4 7#d7 ,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 race1 religion1 disability1 sexual orientation1 ethnicity1 gender1 or gender identity4 4 #eadjd4 ,clery ,act amendments ,section #dhe7;f7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajib7;f77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,c7-- 7i7 by striking and at the end of clause 7ii72 7ii7 in clause 7iii7-- 7,i7 by striking encourage and inserting require2 7,,ii7 by inserting 1 including hate crimes1 after all crimes2 and 7,,iii7 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following3 7i7 policies encourage officer development training to specifically recognize1 prevent1 and respond to hate crimes4 2 and 7,b7 by adding at the end the following3 7,k7 ,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 #abd4 2 and 7#b7 in paragraph 7#f77;,a71 by adding at the end the following3 7vi7 ,the term hate crime has the meaning given the term in section #abd7;b77#d74 4 #eadje4 ,program participation agreements ,section #dhg7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajid7;a77 is amended by adding at the end the following3 7#cj7 ,the institution will have hate crime prevention and response programs that the institution has determined to be accessible to any officer1 employee1 or student at the institution and which meets the requirements of section #abd4 4 #eadjf4 ,accrediting agency recognition ,section #dif7;a77#e7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajii;b7a77#e77 is amended-- 7#a7 in subparagraph 7,i71 by striking and at the end2 7#b7 in subparagraph 7,j71 by inserting and after the semicolon2 and 7#c7 by inserting after subparagraph 7,j7 and before the flush text1 the following3 7,k7 safety objectives with respect to hate crimes 7defined in section #abd7;b77#d77 and the established measures and policies to combat such crimes2 4 ,n ,,hbcu ,capital ,financing ,improvement #eaeja4 ,short title ,this subtitle may be cited as the ,,hbcu ,capital ,financing ,improvement ,act4 #eaejb4 ,bond insurance ,section #cdc of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajff;b7 is amended-- 7#a7 by striking escrow account each place it appears and inserting bond insurance fund2 and 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by striking an and inserting a2 and 7,b7 in paragraph 7#h71 in the matter preceding subparagraph 7,a71 by striking an and inserting a4 #eaejc4 ,strengthening technical assistance ,paragraph 7#i7 of section #cde of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajff;d7 is amended to read as follows3 7#i7 may1 directly or by grant or contract1 provide financial counseling and technical assistance to eligible institutions to prepare the institutions to qualify1 apply for1 and maintain a capital improvement loan1 including a loan under this part2 and 4 #eaejd4 ,,hbcu ,capital ,financing ,advisory ,board ,paragraph 7#b7 of section #cdg7;c7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajff;f7c77 is amended to read as follows3 7#b7 ,report ,on an annual basis1 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 7#a77;,a74 ,that report shall also include-- 7,a7 an overview of all loans in the capital financing program1 including the most recent loans awarded in the fiscal year in which the report is submitted2 and 7,b7 administrative and legislative recommendations1 as needed1 for addressing the issues related to construction financing facing historically ,black colleges and universities4 4 ,o ,transition-to-,success ,mentoring #eafja4 ,short title ,this subtitle may be cited as the ,transition-to-,success ,mentoring ,act4 #eafjb4 ,transition-to-,success ,mentoring ,program 7a7 ,authorization of ,appropriations ,section #ajjb7;d7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #feec7 is amended to read as follows3 7d7 ,prevention and ,intervention ,programs for ,children and ,youth ,who ,are ,neglected1 ,delinquent1 or ,at-,risk ,there are authorized to be appropriated to carry out the activities described in part ,d1 #ej1jjj1jjj for fiscal year #bjba and such sums as may be necessary for each succeeding fiscal year4 4 7b7 ,transition-to-,success ,mentoring ,program ,part ,d of title ,i of such ,act 7#bj ,u4,s4,c4 #fdba et seq47 is amended by adding at the end the following3 #d ,transition-to-,success ,mentoring ,program #adda4 ,transition-to-,success ,mentoring ,program 7a7 ,in general ,from the amounts appropriated to carry out this section1 the ,secretary shall award grants to eligible entities to establish1 expand1 or support school-based mentoring programs to assist eligible students with the transition from middle school to high school4 7b7 ,application ,to receive a grant under this section1 an eligible entity shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require4 7c7 ,uses of funds 7#a7 ,required uses of funds ,an eligible entity that receives a grant under this section shall use the grant funds to establish a mentoring program1 or to expand or provide technical support to an existing mentoring program1 in all middle schools served by the entity1 under which each eligible student is assigned to a success coach who-- 7,a7 creates a plan for success for the student that-- 7i7 is created with the student1 teachers1 mentor1 and parents of the student2 7ii7 includes1 for each academic year1 the student's academic1 personal1 college1 and career exploration goals1 and a strategy on how to accomplish such goals2 7iii7 identifies the student's strengths1 weaknesses1 and academic progress2 and 7iv7 includes a plan to educate and support the student's college or career exploration goals2 7,b7 enters into a signed1 written agreement with the parents of the student that describes how the parents should assist the student in carrying out the plan for success2 7,c7 meets with the student at least once per month to-- 7i7 assist the student in achieving the goals under the plan for success2 7ii7 identify the student's academic areas of weaknesses2 7iii7 provide the student with the tools necessary to improve the student's potential for academic excellence1 and ensure the student's successful transition from middle school to high school by identifying improved attitude1 behavior1 coursework1 and social involvement2 and 7iv7 in the case of a student with behavioral issues1 assist the student in behavior management techniques2 7,d7 at least monthly1 meets with the student and the parents1 teachers1 or counselors of the student to-- 7i7 evaluate the student's progress in achieving the goals under the plan for the current academic year2 and 7ii7 revise or establish new goals for the next academic year2 7,e7 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 plan2 and 7,f7 serves as the student's advocate in exploring higher education and career opportunities4 7#b7 ,authorized uses of funds ,an eligible entity that receives a grant under this section may use such funds to-- 7,a7 develop and carry out a training program for success coaches1 including providing support to match success coaches with eligible students2 7,b7 cover the cost of any materials used by success coaches under the mentoring program2 and 7,c7 hire staff to perform or support the program objectives4 7d7 ,grant ,duration ,a grant under this section shall be awarded for a period of not more than #e years4 7e7 ,reporting requirements 7#a7 ,eligible entities ,an eligible entity receiving a grant under this section shall submit to the ,secretary1 at the end of each academic year during the grant period1 a report that includes-- 7,a7 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 section2 7,b7 data on the academic achievement of such students2 7,c7 the number of contact hours between such students and their success coaches2 and 7,d7 any other information that the ,secretary may require to evaluate the success of the school-based mentoring program4 7#b7 ,secretary 7,a7 ,interim report ,at the end of the third fiscal year for which funds are made available to carry out this section1 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 7#a74 7,b7 ,final report ,at the end of the fifth fiscal year for which funds are made available to carry out this section1 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 7#a74 7f7 ,definitions ,in this section3 7#a7 ,at-risk student ,the term at-risk student means a student who has been identified as a student who has below a #b4j grade point average or the equivalent or who has been determined by parents1 teachers1 or other school officials to-- 7,a7 be at-risk of academic failure2 7,b7 have expressed interest in dropping out of school2 7,c7 show signs of a drug or alcohol problem2 7,d7 be pregnant or a parent2 7,e7 have come into contact with the juvenile justice system in the past2 7,f7 have limited ,english proficiency2 7,g7 be a gang member2 or 7,h7 have a high absenteeism rate at school4 7#b7 ,eligible entity ,the term eligible entity means-- 7,a7 a local educational agency that-- 7i7 receives1 or is eligible to receive1 funds under part ,a of this title2 or 7ii7 is a high-need local educational agency2 or 7,b7 a partnership between a local educational agency described in subparagraph 7,a7 and a nonprofit1 community-based organization4 7#c7 ,eligible student ,the term eligible student means a student who-- 7,a7 is enrolled in a middle school served by an eligible entity2 and 7,b7 is an at-risk student4 7#d7 ,high-need local educational agency ,the term high-need local educational agency means a local educational agency that serves at least one high-need school4 7#e7 ,high-need school ,the term high-need school has the meaning given the term in section #bbaa7;b77#b74 7#f7 ,middle school ,the term middle school means a nonprofit institutional day or residential school1 including a public charter school1 that provides middle school education1 as determined under ,state law1 except that the term does not include any education below grade #f or beyond grade #i4 7#g7 ,school-based mentoring ,the term school-based mentoring refers to mentoring activities that-- 7,a7 are closely coordinated with a school by involving teachers1 counselors1 and other school staff who may identify and refer students for mentoring services2 and 7,b7 assist at-risk students in improving academic achievement1 reducing disciplinary referrals1 and increasing positive regard for school4 7#h7 ,success coach ,the term success coach means an individual who-- 7,a7 is-- 7i7 an employee or volunteer of a local educational agency in which a mentoring program receiving support under this section is being carried out2 or 7ii7 a volunteer or employee from a nonprofit1 community-based organization that provides volunteers for mentoring programs in secondary schools2 and 7,b7 prior to becoming a success coach-- 7i7 received training and support in mentoring from an eligible entity1 which1 at a minimum1 was #b hours in length and covered the roles and responsibilities of a success coach2 and 7ii7 underwent a screening by an eligible entity that included-- 7,i7 appropriate job reference checks2 7,,ii7 child and domestic abuse record checks2 and 7,,iii7 criminal background checks4 4 #eafjc4 ,table of contents ,the table of contents in section #b of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcja et seq47 is amended by inserting after the item relating to section #adcb the following3 ,subpart #d--,transition-to-,success ,mentoring ,program ,sec4 #adda4 ,transition-to-success mentoring program4 4 ,p ,equity and ,inclusion ,enforcement #eagja4 ,short title ,this subtitle may be cited as the ,equity and ,inclusion ,enforcement ,act4 #eagjb4 ,restoration of right to civil action in disparate impact cases under title ,,vi of the ,civil ,rights ,act of #aifd ,title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq47 is amended by adding at the end the following3 #fjg4 ,the violation of any regulation relating to disparate impact issued under section #fjb 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 #fja4 4 #eagjc4 ,designation of monitors under title ,,vi of the ,civil ,rights ,act of #aifd ,title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq47 is further amended by adding at the end the following3 #fjh4 7a7 ,each recipient shall-- 7#a7 designate at least one employee to coordinate its efforts to comply with requirements adopted pursuant to section #fjb and carry out the responsibilities of the recipient under this title1 including any investigation of any complaint alleging the noncompliance of the recipient with such requirements or alleging any actions prohibited under this title2 and 7#b7 notify its students and employees of the name1 office address1 and telephone number of each employee designated under paragraph 7#a74 7b7 ,in this section1 the term recipient means a recipient referred to in section #fjb that operates an education program or activity receiving ,federal financial assistance authorized or extended by the ,secretary of ,education4 4 #eagjd4 ,special assistant for equity and inclusion ,section #bjb7;b7 of the ,department of ,education ,organization ,act 7#bj ,u4,s4,c4 #cdab7;b77 is amended-- 7#a7 by redesignating paragraph 7#d7 as paragraph 7#e72 and 7#b7 by inserting after paragraph 7#c71 the following3 7#d7 ,there shall be in the ,department1 a ,special ,assistant for ,equity and ,inclusion who shall be appointed by the ,secretary4 ,the ,special ,assistant shall promote1 coordinate1 and evaluate equity and inclusion programs1 including the dissemination of information1 technical assistance1 and coordination of research activities4 ,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 #aifd 7#db ,u4,s4,c4 #bjjj;d et seq474 4 ,q ,pell ,grant ,preservation and ,expansion #eahja4 ,short title ,this subtitle may be cited as the ,pell ,grant ,preservation and ,expansion ,act4 #eahjb4 ,findings ,congress finds the following3 7#a7 ,the ,united ,states needs individuals with the knowledge1 skills1 and abilities that enable them to thrive as educated citizens in society and successfully participate in an interconnected economy4 7#b7 ,investments in higher education through student aid such as the ,federal ,pell ,grant program under section #dja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;a7 help students and families reach1 afford1 and complete education and training opportunities beyond high school4 7#c7 ,the ,federal ,pell ,grant program is the largest source of federally funded grant aid for postsecondary education4 7#d7 ,the ,federal ,pell ,grant program allows millions of people of the ,united ,states to attend college and is especially vital to students of color4 ,three in #e ,african ,american undergraduate students1 and one-half of all ,latino undergraduate students1 rely on the ,federal ,pell ,grant program4 7#e7 ,the ,federal ,pell ,grant program should continue to be a reliable source of funding for aspiring students1 their families1 and future generations that they can count on to be there for them when they seek higher education4 7#f7 ,to stabilize ,federal ,pell ,grant funding and ensure the grant will continue to serve millions of students now and in the future1 the program should become a fully mandatory program that grows with inflation4 7#g7 ,protecting surplus funds1 restoring prior eligibility cuts1 and expanding access to underserved students will give millions of students and families the critical student aid support they need and deserve4 #eahjc4 ,references ,except as otherwise expressly provided1 whenever in this subtitle an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja et seq474 #eahjd4 ,funding ,federal ,pell ,grants through mandatory funding 7a7 ,mandatory funding2 reinstating eligibility for incarcerated individuals ,section #dja 7#bj ,u4,s4,c4 #ajgj;a7 is amended-- 7#a7 in subsection 7a77#a71 by striking through fiscal year #bjbb2 7#b7 in subsection 7b7-- 7,a7 by striking paragraphs 7#a71 7#f71 and 7#g72 7,b7 by redesignating paragraph 7#h7 as paragraph 7#g72 7,c7 by striking subparagraph 7,a7 of paragraph 7#b72 7,d7 by redesignating subparagraph 7,b7 of paragraph 7#b7 as paragraph 7#b72 7,e7 by inserting before paragraph 7#b7 7as redesignated by subparagraph 7,d77 the following3 7#a7 ,amount ,the amount of the ,federal ,pell ,grant for a student eligible under this subpart shall be-- 7,a7 the maximum ,federal ,pell ,grant described in paragraph 7#f72 less 7,b7 the amount equal to the amount determined to be the expected family contribution with respect to such student for such year4 2 7,f7 in paragraph 7#d71 by striking maximum amount of a ,federal ,pell ,grant award determined under paragraph 7#b77;,a7 and inserting maximum ,federal ,pell ,grant described in paragraph 7#f72 7,g7 in paragraph 7#e71 by striking maximum amount of a ,federal ,pell ,grant award determined under paragraph 7#b77;,a7 and inserting maximum amount of a ,federal ,pell ,grant award described in paragraph 7#f72 7,h7 by inserting after paragraph 7#e7 the following3 7#f7 ,maximum ,federal ,pell ,grant 7,a7 ,award year #bjba-bjbb ,for award year #bjba-bjbb1 the maximum ,federal ,pell ,grant shall be #f1dbj4 7,b7 ,subsequent award years ,for award year #bjba-bjbb and each subsequent award year1 the maximum ,federal ,pell ,grant shall be equal to the total maximum ,federal ,pell ,grant for the preceding award year under this paragraph-- 7i7 increased by the annual adjustment percentage for the award year for which the amount under this subparagraph is being determined2 and 7ii7 rounded to the nearest #e4 7,c7 ,definition of annual adjustment percentage ,in this paragraph1 the term annual adjustment percentage1 as applied to an award year1 is equal to the estimated percentage increase in the ,consumer ,price ,index 7as determined by the ,secretary1 using the definition in section #dgh7;f77 for the most recent calendar year ending prior to the beginning of that award year4 2 and 7,i7 in paragraph 7#g71 as redesignated by subparagraph 7,b71 by striking may exceed and all that follows through the period and inserting may exceed the maximum ,federal ,pell ,grant available for an award year42 7#c7 in subsection 7f7-- 7,a7 in paragraph 7#a71 by striking the matter preceding subparagraph 7,a7 and inserting the following3 ,after receiving an application for a ,federal ,pell ,grant under this subpart1 the ,secretary 7including any contractor of the ,secretary processing applications for ,federal ,pell ,grants under this subpart7 shall1 in a timely manner1 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 attending1 the expected family contribution for each such student4 ,each such student financial administrator shall-- 2 and 7,b7 in paragraph 7#c7-- 7i7 by striking after academic year #aihf-aihg2 and 7ii7 in paragraph 7#c71 by striking the ,committee on ,appropriations of the ,senate1 the ,committee on ,appropriations of the ,house of ,representatives1 and2 7#d7 by striking subsections 7g7 and 7h72 7#e7 by redesignating subsections 7i7 and 7j7 as subsections 7g7 and 7h71 respectively2 and 7#f7 by adding at the end the following3 7k7 ,appropriation of funds ,there are authorized to be appropriated1 and there are appropriated1 out of any money in the ,treasury not otherwise appropriated1 such sums as may be necessary for fiscal year #bjbb 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 year4 4 7b7 ,repeal of scoring requirement ,section #djf of ,h4 ,con4 ,res4 #ie 7#ajith ,congress7 is amended-- 7#a7 by striking subsection 7b72 and 7#b7 by striking 7a7 ,in general4--,upon and inserting the following3 ,upon4 #eahje4 ,restoring ,federal ,pell ,grant eligibility for borrower defense ,section #dja7;c77#e7 7#bj ,u4,s4,c4 #ajgj;a7c77#e77 is amended-- 7#a7 by striking 7#e7 ,the period and inserting the following3 7#e7 ,maximum period4-- 7,a7 ,in general ,except as provided in subparagraph 7,b71 the period 2 and 7#b7 by adding at the end the following3 7,b7 ,exception 7i7 ,in general ,any ,federal ,pell ,grant that a student received during a period described in subclause 7,i7 or 7,,ii7 of clause 7ii7 shall not count towards the student's duration limits under this paragraph4 7ii7 ,applicable periods ,clause 7i7 shall apply with respect to any ,federal ,pell ,grant awarded to a student to attend an institution-- 7,i7 during a period-- 7aa7 for which the student received a loan under this title2 and 7bb7 for which the loan described in item 7aa7 is forgiven under-- 7,,aa7 section #dcg7;c77#a7 or #dfd7;g77#a7 due to the closing of the institution2 7,,bb7 section #dee7;h7 due to the student's successful assertion of a defense to repayment of the loan2 or 7,,cc7 section #dcb7;a77#f71 section #fhe4bae of title #cd1 ,code of ,federal ,regulations 7or a successor regulation71 or any other loan forgiveness provision or regulation under this ,act1 as a result of a determination by the ,secretary or a court that the institution committed fraud or other misconduct2 or 7,,ii7 during a period for which the student did not receive a loan under this title but for which1 if the student had received such a loan1 the student would have qualified for loan forgiveness under subclause 7,i77bb74 4 #eahjf4 ,federal ,pell ,grant eligibility for ,d,r,e,a,mer students ,section #dhd 7#bj ,u4,s4,c4 #ajia7 is amended-- 7#a7 in subsection 7a77#e71 by inserting 1 or be a ,dreamer student1 as defined in subsection 7u7 after becoming a citizen or permanent resident2 and 7#b7 by adding at the end the following3 7u7 ,dreamer students 7#a7 ,in general ,in this section1 the term ,dreamer student means an individual who-- 7,a7 was younger than #af years of age on the date on which the individual initially entered the ,united ,states2 7,b7 has provided a list of each secondary school that the student attended in the ,united ,states2 and 7,c7 7i7 has earned a high school diploma1 the recognized equivalent of such diploma from a secondary school1 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 begins2 7ii7 has acquired a degree from an institution of higher education or has completed not less than #b 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 progress1 as defined in subsection 7c71 during such time period2 7iii7 at any time was eligible for a grant of deferred action under-- 7,i7 the ,june #ae1 #bjab1 memorandum from the ,secretary of ,homeland ,security entitled ,exercising ,prosecutorial ,discretion with ,respect to ,individuals ,who ,came to the ,united ,states as ,children2 or 7,,ii7 the ,november #bj1 #bjad1 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 ,u4,s4 ,citizens or ,permanent ,residents2 or 7iv7 has served in the uniformed services1 as defined in section #aja of title #aj1 ,united ,states ,code1 for not less than #d years and1 if discharged1 received an honorable discharge4 7#b7 ,hardship exception ,the ,secretary shall issue regulations that direct when the ,department shall waive the requirement of subparagraph 7,a7 or 7,b71 or both1 of paragraph 7#a7 for an individual to qualify as a ,dreamer student under such paragraph1 if the individual-- 7,a7 demonstrates compelling circumstances for the inability to satisfy the requirement of such subparagraph 7,a7 or 7,b71 or both2 and 7,b7 satisfies the requirement of paragraph 7#a77;,c74 4 #eahjg4 ,repeal of suspension of eligibility under the ,higher ,education ,act of #aife for grants1 loans1 and work assistance for drug-related offenses 7a7 ,repeal ,subsection 7r7 of section #dhd 7#bj ,u4,s4,c4 #ajia7r77 is repealed4 7b7 ,revision of ,,fafsa form ,section #dhc of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajij7 is amended by adding at the end the following3 7i7 ,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 7or any other form developed under subsection 7a774 4 7c7 ,conforming amendments ,the ,act 7#bj ,u4,s4,c4 #ajja et seq47 is amended-- 7#a7 in section #dbh7;b77#c7 7#bj ,u4,s4,c4 #ajgh7;b77#c77-- 7,a7 in subparagraph 7,c71 by striking #dhe7l7 and inserting #dhe7k72 and 7,b7 in subparagraph 7,d71 by striking #dhe7l7 and inserting #dhe7k72 7#b7 in section #dce7;d77#e7 7#bj ,u4,s4,c4 #ajhe7;d77#e77-- 7,a7 in subparagraph 7,e71 by striking #dhe7l7 and inserting #dhe7k72 and 7,b7 in subparagraph 7,f71 by striking #dhe7l7 and inserting #dhe7k72 7#c7 in section #dhd 7#bj ,u4,s4,c4 #ajia71 as amended by section #eahjf1 by redesignating subsections 7s717t71 and 7u7 as subsections 7r71 7s71 and 7t71 respectively2 7#d7 in section #dhe 7#bj ,u4,s4,c4 #ajib7-- 7,a7 by striking subsection 7k72 and 7,b7 by redesignating subsections 7l7 and 7m7 as subsections 7k7 and 7l71 respectively2 and 7#e7 in section #dhg7;e77#b77;,b77ii77,,iv7 7#bj ,u4,s4,c4 #ajid7;e77#b77;,b77ii77,,iv771 by striking 7l7 of section #dhe and inserting 7k7 of section #dhe4 #eahjh4 ,extending ,federal ,pell ,grant eligibility of certain short-term programs 7a7 ,in general ,section #dja 7#bj ,u4,s4,c4 #ajgj;a71 as amended by section #eahjd1 is further amended by inserting after subsection 7h7 the following3 7i7 ,job training ,federal ,pell ,grant program 7#a7 ,definitions ,in this subsection3 7,a7 ,eligible career pathway program ,the term eligible career pathway program means a program that-- 7i7 meets the requirements of section #dhd7;d77#b72 7ii7 is a program of training services listed under section #abb7;d7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caeb7;d772 and 7iii7 is part of a career pathway1 as defined in section #c of such ,act 7#bi ,u4,s4,c4 #cajb74 7,b7 ,job training program ,the term job training program means a career and technical education program at an institution of higher education that-- 7i7 provides not less than #aej1 and not more than #fjj1 clock hours of instructional time over a period of not less than #h1 and not more than #ae1 weeks2 7ii7 provides training aligned with the requirements of employers in the ,state or local area1 which may include in-demand industry sectors or occupations1 as defined in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb71 in the ,state or local area 7as defined in such section72 7iii7 is a program of training services1 and provided through an eligible provider of training services1 listed under section #abb7;d7 of such ,act 7#bi ,u4,s4,c4 #caeb7;d772 7iv7 provides a student1 upon completion of the program1 with a recognized postsecondary credential1 as defined in section #c of such ,act1 that is recognized by employers in the relevant industry1 including credentials recognized by industry or sector partnerships in the ,state or local area where the industry is located2 7v7 has been determined1 by the institution of higher education1 to provide academic content1 an amount of instructional time1 and a recognized postsecondary credential that are sufficient to-- 7,i7 meet the hiring requirements of potential employers2 and 7,,ii7 satisfy any applicable educational prerequisite requirement for professional licensure or certification1 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 enter2 7vi7 may include integrated or basic skills courses2 and 7vii7 may be offered as part of an eligible career pathway program4 7#b7 ,in general ,for the award year beginning on ,july #a1 #bjba1 and each subsequent award year1 the ,secretary shall carry out a program through which the ,secretary shall award job training ,federal ,pell ,grants to students in job training programs4 ,each job training ,federal ,pell ,grant awarded under this subsection shall have the same terms and conditions1 and be awarded in the same manner1 as a ,federal ,pell ,grant awarded under subsection 7a71 except as follows3 7,a7 ,a student who is eligible to receive a job training ,federal ,pell ,grant under this subsection is a student who-- 7i7 has not yet attained a baccalaureate degree or postbaccalaureate degree2 7ii7 attends an institution of higher education2 7iii7 is enrolled1 or accepted for enrollment1 in a job training program at such institution of higher education2 and 7iv7 meets all other eligibility requirements for a ,federal ,pell ,grant 7except with respect to the type of program of study1 as provided in clause 7iii774 7,b7 ,the amount of a job training ,federal ,pell ,grant for an eligible student shall be determined under subsection 7b77#a71 except that-- 7i7 the maximum ,federal ,pell ,grant awarded under this subsection for an award year shall be #ej percent of the maximum ,federal ,pell ,grant awarded under subsection 7b77#e7 applicable to that award year2 and 7ii7 subsection 7b77#d7 shall not apply4 7#c7 ,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 7c71 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 basis4 4 7b7 ,additional safeguards ,section #dif7;a77#d7 7#bj ,u4,s4,c4 #ajii;b7a77#d77 is amended-- 7#a7 in subparagraph 7,a71 by striking and after the semicolon2 7#b7 in subparagraph 7,b77ii71 by inserting and after the semicolon2 and 7#c7 by adding at the end the following3 7,c7 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 #dja7;i71 such agency or association shall1 in addition to meeting the other requirements of this subpart1 demonstrate to the ,secretary that1 with respect to such job training programs-- 7i7 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 program2 and 7ii7 the agency or association requires a demonstration that the program-- 7,i7 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 located2 and 7,,ii7 provides the academic content and amount of instructional time that is sufficient to-- 7aa7 meet the hiring requirements of potential employers2 and 7bb7 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 enter2 4 #eahji4 ,providing ,federal ,pell grants for ,iraq and ,afghanistan veteran's dependents 7a7 ,amendments ,part ,a of title ,,iv 7#bj ,u4,s4,c4 #ajgj;a et seq47 is amended-- 7#a7 in section #dja1 as amended by section #eahjh1 by inserting after subsection 7i7 the following3 7j7 ,scholarships for veteran's dependents 7#a7 ,definition of eligible veteran's dependent ,in this subsection1 the term eligible veteran's dependent means a dependent or an independent student-- 7,a7 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 #aa1 #bjja2 and 7,b7 who1 at the time of the parent or guardian's death1 was-- 7i7 less than #bd years of age2 or 7ii7 enrolled at an institution of higher education on a part-time or full-time basis4 7#b7 ,grants 7,a7 ,in general ,the ,secretary shall award a ,federal ,pell ,grant1 as modified in accordance with the requirements of this subsection1 to each eligible veteran's dependent to assist in paying the eligible veteran's dependent's cost of attendance at an institution of higher education4 7,b7 ,designation ,federal ,pell ,grants made under this subsection may be known as ,iraq and ,afghanistan ,service ,grants4 7#c7 ,prevention of double benefits ,no eligible veteran's dependent may receive a grant under both this subsection and subsection 7a74 7#d7 ,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 conditions1 including the length of the period of eligibility1 as the ,secretary awards ,federal ,pell ,grants under subsection 7a71 except that-- 7,a7 the award rules and determination of need applicable to the calculation of ,federal ,pell ,grants under subsection 7a7 shall not apply to ,iraq and ,afghanistan ,service ,grants2 7,b7 the provisions of paragraph 7#a77;,b7 and 7#c7 of subsection 7b71 and subsection 7f71 shall not apply2 7,c7 the maximum period determined under subsection 7c77#e7 shall be determined by including all ,iraq and ,afghanistan ,service ,grants received by the eligible veteran's dependent1 including such ,grants received under subpart #aj before the effective date of this subsection2 and 7,d7 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 7b77#e7 for that award year1 except that an ,iraq and ,afghanistan ,service ,grant-- 7i7 shall not exceed the cost of attendance of the eligible veteran's dependent for that award year2 and 7ii7 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 7a74 7#e7 ,estimated financial assistance ,for purposes of determinations of need under part ,f1 an ,iraq and ,afghanistan ,service ,grant shall not be treated as estimated financial assistance as described in sections #dga7c7 and #dhj7;j74 2 and 7#b7 by striking subpart #aj of part ,a 7#bj ,u4,s4,c4 #ajgj;h74 7b7 ,effective date2 transition 7#a7 ,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 ,act4 7#b7 ,transition ,the ,secretary shall take such steps as are necessary to transition from the ,iraq and ,afghanistan ,service ,grants program under subpart #aj of part ,a of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;h71 as in effect on the day before the effective date of this section1 and the ,iraq and ,afghanistan ,service ,grants program under section #dja7;j7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;a7j771 as amended by this section4 #eahaj4 ,increasing support for working students by #ce percent 7a7 ,dependent students ,section #dge7;g77#b77;,d7 7#bj ,u4,s4,c4 #ajhgoo7g77#b77;,d77 is amended to read as follows3 7,d7 an income protection allowance 7or a successor amount prescribed by the ,secretary under section #dgh7 of #i1jaj for academic year #bjba-bjbb2 4 7b7 ,independent students without dependents other than a spouse ,section #dgf7;b77#a77;,a77iv7 7#bj ,u4,s4,c4 #ajhgpp7b77#a77;,a77iv77 is amended to read as follows3 7iv7 an income protection allowance 7or a successor amount prescribed by the ,secretary under section #dgh7-- 7,i7 for single or separated students1 or married students where both are enrolled pursuant to subsection 7a77#b71 of #ad1jaj for academic year #bjba-bjbb2 and 7,,ii7 for married students where one is enrolled pursuant to subsection 7a77#b71 of #bb1dfj for academic year #bjba-bjbb2 4 7c7 ,independent students with dependents other than a spouse ,section #dgg7;b77#d7 7#bj ,u4,s4,c4 #ajhgqq7b77#d77 is amended to read as follows3 7#d7 ,income protection allowance ,the income protection allowance is determined by the following table 7or a successor table prescribed by the ,secretary under section #dgh71 for academic year #bjba-bjbb3 ,income ,protection ,allowance ,family ,size,number in ,college 7including student7#abcde;,for each additional subtract3 #bce1dgjbi1dajf1jcj #cdd1agjch1acjcb1jgj #ded1edjde1dijdb1dejcf1cgj #efd1cfjeh1bhjeb1bdjdf1aijdj1afj #fge1bfjfi1bajfc1aijeg1jijea1jgj ,for each additional add3#h1ejj 4 7d7 ,updated tables and amounts ,section #dgh7;b7 7#bj ,u4,s4,c4 #ajhgrr7b77 is amended-- 7#a7 in paragraph 7#a71 by striking subparagraphs 7,a7 and 7,b7 and inserting the following3 7,a7 ,in general ,for each academic year after academic year #bjba-bjbb1 the ,secretary shall publish in the ,federal ,register a revised table of income protection allowances for the purpose of sections #dge7;c77#d7 and #dgg7;b77#d71 subject to subparagraphs 7,b7 and 7,c74 7,b7 ,table for independent students ,for each academic year after academic year #bjba-bjbb1 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 #dgg7;b77#d7 by a percentage equal to the estimated percentage increase in the ,consumer ,price ,index 7as 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 made71 and rounding the result to the nearest #aj4 2 and 7#b7 in paragraph 7#b71 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 #bjba-bjbb1 by increasing each of the dollar amounts contained in such section for academic year #bjba-bjbb by a percentage equal to the estimated percentage increase in the ,consumer ,price ,index 7as 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 made71 and rounding the result to the nearest #aj44 #eahaa4 ,increasing the ,federal ,pell ,grant auto-zero threshold ,section #dgi7;c7 7#bj ,u4,s4,c4 #ajhgss7c77 is amended-- 7#a7 in paragraph 7#a77;,b71 by striking #bc1jjj and inserting #cd1jjj2 7#b7 in paragraph 7#b77;,b71 by striking #bc1jjj and inserting #cd1jjj2 and 7#c7 in the matter following paragraph 7#b77;,b71 by striking adjusted according to increases in the ,consumer ,price ,index1 as defined in section #dgh7;f7 and inserting annually increased by the estimated percentage change in the ,consumer ,price ,index1 as defined in section #dgh7;f71 for the most recent calendar year ending prior to the beginning of an award year1 and rounded to the nearest #a1jjj4 #eahab4 ,raising the total semesters of ,federal ,pell ,grant eligibility ,section #dja7;c77#e77;,a7 7#bj ,u4,s4,c4 #ajgj;a7c77#e77;,a771 as amended by section #eahje1 is further amended by striking #ab each place the term appears and inserting #ad4 #eahac4 ,conforming amendments ,the ,act 7#bj ,u4,s4,c4 #ajja et seq47 is amended-- 7#a7 in section #dja;,a7d77#a77;,b77i7 7#bj ,u4,s4,c4 #ajgj;a-#a7;d77#a77;,b77i771 by striking section #dja7;b77#b77;,b7 and inserting section #dja7;b77#b72 7#b7 in section #djb;,d7d77#a7 7#bj ,u4,s4,c4 #ajgj;a-#ad7;d77#a771 by striking section #dja7;b77#b77;,a7 and inserting section #dja7;b77#a72 7#c7 in section #dbj,r7d77#b7 7#bj ,u4,s4,c4 #ajgj;h7d77#b771 by striking subsection 7b77#a71 the matter following subsection 7b77#b77;,a77v712 7#d7 in section #dce7;a77#e77;,a77i77,i7 7#bj ,u4,s4,c4 #ajhe7;a77#e77;,a77i77,i771 by striking under section #dja7;b77#b77;,a7 and inserting 1 as appropriate1 under section #dja7;b77#b77;,a7 7as in effect on the day before the effective date of the ,pell ,grant ,preservation and ,expansion ,act7 or section #dja7;b77#a72 7#e7 in section #dhc7;e77#c77;,a77ii7 7#bj ,u4,s4,c4 #ajij7;e77#c77;,a77ii771 by striking section #dja7;b77#b77;,a7 and inserting section #dja7;b77#a72 7#f7 in section #dhe;,e7b77#a77;,a7 7#bj ,u4,s4,c4 #ajib;f7b77#a77;,a771 by striking section #dja7;b77#b77;,a7 and inserting section #dja7;b77#a72 and 7#g7 in section #hid7;f77#b77;,c77ii77,i7 7#bj ,u4,s4,c4 #aafay7f77#b77;,c77ii77,i771 by striking section #dja7;b77#b77;,a7 and inserting section #dja7;b77#a74 #eahad4 ,effective date ,except as otherwise provided1 this subtitle1 and the amendments made by this subtitle1 shall take effect beginning on ,july #a1 #bjba1 and shall apply to grant and award determinations made under title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja et seq47 beginning with the #bjba-bjbb award year4 ,r ,student ,loan ,debt ,relief #eaija4 ,short title ,this subtitle may be cited as the ,student ,loan ,debt ,relief ,act of #bjbj4 #eaijb4 ,table of contents ,the table of contents for this subtitle is as follows3 ,sec4 #eaija4 ,short title4 ,sec4 #eaijb4 ,table of contents4 ,part #a--,loan ,discharge and ,forbearance ,sec4 #eaiaa4 ,loan discharge4 ,sec4 #eaiab4 ,automatic administrative forbearance2 halting of wage garnishment4 ,sec4 #eaiac4 ,staying and prohibition on commencement of actions for collection4 ,sec4 #eaiad4 ,ineligibility for ,treasury ,offset4 ,part #b--,refinancing ,programs ,sec4 #eaiba4 ,refinancing programs4 ,part #c--;,dischargeability of ,student ,loans in ,bankruptcy ,sec4 #eaica4 ,dischargeability of student loans in bankruptcy4 ,part #d--;,general ,provisions ,sec4 #eaida4 ,report on progress of implementation4 ,sec4 #eaidb4 ,notification to borrowers4 ,sec4 #eaidc4 ,inapplicability of title ,,iv negotiated rulemaking and master calendar exception4 ,sec4 #eaidd4 ,definitions4 #a ,loan ,discharge and ,forbearance #eaiaa4 ,loan discharge 7a7 ,in general ,subject to subsection 7f71 not later than the date that is #ab months after the date of enactment of this ,act1 the ,secretary of ,education shall discharge the qualified loan amount of each individual1 without regard to the repayment status of the loan or whether the loan is in default4 7b7 ,qualified loan amount 7#a7 ,in general ,the qualified loan amount of an individual is an amount equal to the lesser of-- 7,a7 #ej1jjj2 and 7,b7 the aggregate loan obligation on the eligible ,federal loans of the taxpayer that is outstanding on the date of enactment of this ,act or1 in the case of such loans issued under section #dfj;,b of the ,higher ,education ,act of #aife1 as added by part #b of this subtitle1 on the date on which such loans are issued under such section #dfj;,b4 7#b7 ,limitation based on adjusted gross income ,the amount discharged under subsection 7a7 with respect to an individual shall be reduced 7but not below zero7 by #a for each #c 7or fraction thereof7 by which the taxpayer's adjusted gross income exceeds #ajj1jjj 7twice such amount in the case of a joint return7 for the most recent taxable year ending before the date of the enactment of this ,act4 7c7 ,method of loan discharge 7#a7 ,in general ,to provide the loan discharge required under subsection 7a71 the ,secretary is authorized to carry out a program-- 7,a7 through the holder of the loan1 to assume the obligation to repay the qualified loan amount for a loan made1 insured1 or guaranteed under part ,b of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajga et seq472 7,b7 to cancel the qualified loan amount for a loan made under part ,d of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;a et seq471 or assigned1 referred1 or transferred to1 or purchased by1 the ,secretary under such title ,,iv 7#bj ,u4,s4,c4 #ajgj et seq471 including a ,federal ,direct ,stafford ,loan issued under section #dfj;,b of the ,higher ,education ,act of #aife1 as added by part #b of this subtitle2 and 7,c7 through the institution of higher education that made the loan from its student loan fund established under part ,e of such title 7#bj ,u4,s4,c4 #ajhg;aa et seq471 to assume the obligation to repay the qualified loan amount for such loan4 7#b7 ,order of loan discharge ,with respect to an individual with at least #b eligible ,federal loans1 the ,secretary shall discharge the loans of the individual as follows 7except as otherwise indicated by the individual73 7,a7 ,in the case in which the individual has loans with different rates of interest1 the loans should be discharged in descending order by rate of interest4 7,b7 ,in the case in which the individual has loans with the same rates of interest1 the loans should be discharged in descending order by amount of outstanding principal4 7d7 ,exclusion from taxable income ,for purposes of the ,internal ,revenue ,code of #aihf1 in the case of an individual1 gross income does not include any amount which 7but for this subsection7 would be includible in gross income by reason of the discharge 7in whole or in part7 of any loan if such discharge was pursuant to this part4 7e7 ,taxpayer information 7#a7 ,in general ,the ,secretary of the ,treasury may1 upon written request from the ,secretary of ,education1 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 7b77#a77;,b74 ,such return information shall be limited to-- 7,a7 taxpayer identity information with respect to such taxpayer2 7,b7 the filing status of such taxpayer2 and 7,c7 the adjusted gross income of such taxpayer4 7#b7 ,restriction on use of disclosed information ,return information disclosed under paragraph 7#a7 may be used by officers and employees of the ,department of ,education only for the purposes of1 and to the extent necessary in1 establishing the appropriate qualified loan amount of a taxpayer4 7f7 ,long-,term settle and compromise discharge authority ,not later than the date that is #bd months after the date of enactment of this ,act1 the ,secretary of ,education may use the authority under sections #dcb7;a77#f7 and #dfh7b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhb7;a77#f72 #ajhg;hh7#b77 to discharge loans under this section beyond the period described in subsection 7a7 for-- 7#a7 an individual who1 through an appeals process established by the ,secretary1 successfully appeals a loan discharge determination by the ,secretary under this section2 7#b7 an individual who1 due to special circumstances1 misses a deadline established by the ,secretary in the administration of loan discharges under this section2 or 7#c7 an individual 7or a group of individuals7 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 section1 except that a loan discharge amount received under this subsection may not exceed the qualified loan amount determined for the individual 7or the group of individuals7 under subsection 7b74 7g7 ,private student loan discharge ,not later than the date that is #c months after the date of enactment of this ,act1 the ,secretary of ,education1 in coordination with the ,secretary of the ,treasury and the ,director of the ,bureau of ,consumer ,financial ,protection1 shall undertake a campaign to alert borrowers of private education loans-- 7#a7 that such borrowers may be eligible to refinance such private loans as ,federal ,direct ,stafford ,loans under section #dfj;,b of the ,higher ,education ,act of #aife1 as added by part #b of this subtitle2 and 7#b7 such ,federal ,direct ,stafford ,loans may be eligible for loan discharge under this section4 7h7 ,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 which1 as a result of such loan discharge1 there is no outstanding balance of principal or interest1 the ,secretary1 guaranty agency or other holder of the loan shall request any consumer reporting agency to which the ,secretary1 guaranty agency or holder1 as applicable1 reported the default of the loan1 to remove the record of the default from the borrower's credit history4 7i7 ,members of ,congress ,in this section1 the terms individual and taxpayer do not include a ,member of ,congress4 #eaiab4 ,automatic administrative forbearance2 halting of wage garnishment ,during the period beginning on the date of enactment of this ,act and ending on the date that is #ab months after such date of enactment1 the ,secretary of ,education-- 7#a7 shall place each borrower of an eligible ,federal loan with an outstanding balance1 without any further action required by the borrower 7except that the borrower may opt-out of this section71 on an administrative forbearance during which periodic installments of principal need not be paid1 and interest shall not accrue1 on such loan2 and 7#b7 may not issue an order for wage garnishment or withholding under section #dhh;,a of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajie;a7 or section #cgbj;,d of title #ca1 ,united ,states ,code1 initiate proceedings to collect debt through deductions from pay under such section #dhh;,a or #cgbj;,d1 or enforce or otherwise require compliance with a wage garnishment or withholding order issued under such section #dhh;,a or #cgbj;,d before the date of enactment of this ,act 7which shall include staying any related proceedings74 #eaiac4 ,staying and prohibition on commencement of actions for collection ,until #ab months after the date of enactment of this ,act1 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 stayed4 #eaiad4 ,ineligibility for ,treasury ,offset ,until #ab months after the date of enactment of this ,act1 no claim pertaining to an eligible ,federal loan may be certified under section #cgaf7;c77#a7 of title #ca1 ,united ,states ,code4 #b ,refinancing ,programs #eaiba4 ,refinancing programs 7a7 ,program authority ,section #dea7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;a7a77 is amended-- 7#a7 by striking and 7#b7 and inserting 7#b72 and 7#b7 by inserting 2 and 7#c7 to make loans under section #dfj;,a and section #dfj;,b after section #dei;,a4 7b7 ,refinancing ,program ,part ,d of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;a et seq47 is amended by adding at the end the following3 #dfj;,a4 ,refinancing ,,ffel and ,federal ,direct ,loans 7a7 ,in general ,beginning not later than #ab months after the date of enactment of the ,student ,loan ,debt ,relief ,act of #bjbj1 the ,secretary shall establish a program under which the ,secretary automatically refinances loans made under this part in accordance with the provisions of this section1 in order to lower the rate of interest on such loans4 7b7 ,refinancing ,direct ,loans 7#a7 ,federal ,direct ,loans ,with respect to each ,federal ,direct ,stafford ,loan1 ,federal ,direct ,unsubsidized ,stafford ,loan1 ,federal ,direct ,,plus ,loan1 and ,federal ,direct ,consolidation ,loan1 for which the first disbursement was made to a borrower1 or the application for the consolidation loan was received from a borrower1 on or before the date of enactment of the ,student ,loan ,debt ,relief ,act of #bjbj1 the ,secretary shall1 without any further action by the borrower 7other than under subparagraph 7,c77-- 7,a7 discharge the liability on such ,federal ,direct ,stafford ,loan1 ,federal ,direct ,unsubsidized ,stafford ,loan1 ,federal ,direct ,,plus ,loan1 or ,federal ,direct ,consolidation ,loan2 7,b7 issue to the borrower a new ,federal ,direct ,stafford ,loan1 ,federal ,direct ,unsubsidized ,stafford ,loan1 ,federal ,direct ,,plus ,loan1 or ,federal ,direct ,consolidation ,loan1 respectively-- 7i7 in an amount equal to the sum of the unpaid principal1 accrued unpaid interest1 and late charges of the loan for which the liability is being discharged under subparagraph 7,a72 and 7ii7 which has the same terms and conditions as the original loan1 except that the rate of interest shall be determined under subsection 7c72 and 7,c7 provide the borrower an opportunity to opt-out of the refinancing under this paragraph4 7#b7 ,refinancing ,,ffel program loans as refinanced ,federal ,direct ,loans 7,a7 ,in general ,with respect to each loan that was made1 insured1 or guaranteed under part ,b and for which the first disbursement was made to a borrower1 or the application for the consolidation loan was received from a borrower1 before ,july #a1 #bjaj1 the ,secretary shall1 without any further action by the borrower 7other than to provide the borrower an opportunity to opt-out of the refinancing under this paragraph71 issue to the borrower a loan made under this part-- 7i7 in an amount equal to the sum of the unpaid principal1 accrued unpaid interest1 and late charges of the loan selected to be so refinanced2 7ii7 the proceeds of which shall be paid to the holder of the loan selected to be so refinanced to discharge the liability on such loan2 and 7iii7 which has a rate of interest determined under subsection 7c74 7,b7 ,designation of loans ,a loan issued under this section the proceeds of which is discharging the liability on a loan made1 insured1 or guaranteed-- 7i7 under section #dbh shall be a ,federal ,direct ,stafford ,loan2 7ii7 under section #dbh;,b shall be a ,federal ,direct ,,plus ,loan2 7iii7 under section #dbh;,h shall be a ,federal ,direct ,unsubsidized ,stafford ,loan2 and 7iv7 under section #dbh;,c shall be a ,federal ,direct ,consolidation ,loan4 7c7 ,interest rates 7#a7 ,in general ,the interest rate for ,federal ,direct ,stafford ,loans1 ,federal ,direct ,unsubsidized ,stafford ,loans1 ,federal ,direct ,,plus ,loans1 and ,federal ,direct ,consolidation ,loans issued under this section1 shall be a rate equal to-- 7,a7 in a case in which the original loan is a loan under section #dbh or #dbh;,h1 a ,federal ,direct ,stafford loan1 or a ,federal ,direct ,unsubsidized ,stafford ,loan1 that was issued to an undergraduate student1 the rate for ,federal ,direct ,stafford ,loans and ,federal ,direct ,unsubsidized ,stafford ,loans issued to undergraduate students for the #ab-month period beginning on ,july #a1 #bjba1 and ending on ,june #cj1 #bjbb2 7,b7 in a case in which the original loan is a loan under section #dbh or #dbh;,h1 a ,federal ,direct ,stafford ,loan1 or a ,federal ,direct ,unsubsidized ,stafford ,loan1 that was issued to a graduate or professional student1 the rate for ,federal ,direct ,unsubsidized ,stafford ,loans issued to graduate or professional students for the #ab-month period beginning on ,july #a1 #bjba1 and ending on ,june #cj1 #bjbb2 7,c7 in an case in which the original loan is a loan under section #dbh;,b or a ,federal ,direct ,,plus ,loan1 the rate for ,federal ,direct ,,plus ,loans for the #ab-month period beginning on ,july #a1 #bjba1 and ending on ,june #cj1 #bjbb2 and 7,d7 in a case in which the original loan is a loan under section #dbh;,c or a ,federal ,direct ,consolidation ,loan1 a rate calculated in accordance with paragraph 7#b74 7#b7 ,interest rates for consolidation loans 7,a7 ,method of calculation ,to determine the interest rate for a ,federal ,direct ,federal ,consolidation ,loan issued under this section1 the ,secretary shall-- 7i7 determine each original loan for which the liability was discharged by the proceeds of a loan under section #dbh;,c or a ,federal ,direct ,consolidation ,loan1 and calculate the proportion of the unpaid principal balance of the loan under section #dbh;,c or the ,federal ,direct ,consolidation ,loan that is applicable to each such original loan2 7ii7 use the proportions determined in accordance with clause 7i7 and the interest rate applicable for each original loan1 as determined under subparagraph 7,b71 to calculate the weighted average of the interest rates on the loans consolidated into the loan under section #dbh;,c or the ,federal ,direct ,consolidation ,loan2 and 7iii7 apply the weighted average calculated under clause 7ii7 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 paragraph4 7,b7 ,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 #dbh;,c or a ,federal ,direct ,consolidation ,loan shall be the following3 7i7 ,the interest rate for any such original loan made1 insured or guaranteed under section #dbh or #dbh;,h1 or that is a ,federal ,direct ,stafford ,loan or ,federal ,direct ,unsubsidized ,stafford ,loan1 issued to an undergraduate student shall be a rate equal to the lesser of-- 7,i7 the rate for ,federal ,direct ,stafford ,loans and ,federal ,direct ,unsubsidized ,stafford ,loans issued to undergraduate students for the #ab-month period beginning on ,july #a1 #bjba1 and ending on ,june #cj1 #bjbb2 or 7,,ii7 the interest rate on such original loan4 7ii7 ,the interest rate for any such original loan made1 insured or guaranteed under section #dbh or #dbh;,h1 or that is a ,federal ,direct ,stafford ,loan1 or ,federal ,direct ,unsubsidized ,stafford ,loan1 issued to a graduate or professional student shall be a rate equal to the lesser of-- 7,i7 the rate for ,federal ,direct ,unsubsidized ,stafford ,loans issued to graduate or professional students for the #ab-month period beginning on ,july #a1 #bjba1 and ending on ,june #cj1 #bjbb2 or 7,,ii7 the interest rate on the original loan4 7iii7 ,the interest rate for any such original loan made1 insured or guaranteed under section #dbh;,b or that is a ,federal ,direct ,,plus ,loan shall be a rate equal to the lesser of-- 7,i7 the rate for ,federal ,direct ,,plus ,loans for the #ab-month period beginning on ,july #a1 #bjba1 and ending on ,june #cj1 #bjbb2 or 7,,ii7 the interest rate on the original loan4 7iv7 ,the interest rate for any such original loan that is a loan under section #dbh;,c 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 loan4 7v7 ,the interest rate for any original loan for which the liability was discharged with the proceeds of a loan made under section #dbh;,c or a ,federal ,direct ,consolidation ,loan and is not described in clauses 7i7 through 7iv7 shall be the interest rate on such original loan4 7#c7 ,fixed rate ,the applicable rate of interest determined under paragraph 7#a7 for a loan issued under this section shall be fixed for the period of the loan4 7d7 ,repayment periods ,a loan issued under this section shall not result in the extension of the duration of the repayment period of the original loan1 and the borrower shall retain the same repayment term that was in effect on the original loan4 ,nothing in this paragraph shall be construed to prevent a borrower from electing a different repayment plan at any time in accordance with section #dee7;d77#c74 7e7 ,original loan defined ,in this section1 the term original loan means a loan for which the liability is discharged with the proceeds of a loan issued under this section4 #dfj;,b4 ,refinancing of private education loans 7a7 ,program authorized 7#a7 ,in general ,during the period beginning on the date that is #f months after the date of enactment of the ,student ,loan ,debt ,relief ,act of #bjbj1 and ending on the date that is #i months after such date of enactment1 the ,secretary1 in consultation with the ,secretary of the ,treasury1 shall carry out a program under which the ,secretary1 upon receiving an application from a borrower who has a loan obligation on an eligible private education loan1 shall issue such borrower a loan under this section in accordance with the following3 7,a7 ,the loan issued under this section shall be in an amount equal to the sum of the unpaid principal1 accrued unpaid interest1 and late charges of the private education loan4 7,b7 ,the ,secretary shall pay the proceeds of the loan issued under this section to the private educational lender 7or subsequent holder7 of the private education loan1 in order to discharge the borrower and any cosigners from any remaining obligation to the lender with respect to the private education loan4 7,c7 ,the ,secretary shall require that the borrower undergo loan counseling that provides all of the information and counseling required under clauses 7i7 through 7viii7 of section #dhe7;b77#a77;,a7 before the carrying out subparagraphs 7,a7 and 7,b7 with respect to such borrower4 7,d7 ,the ,secretary shall issue the loan as a ,federal ,direct ,stafford ,loan with a rate of interest determined under subsection 7b74 7b7 ,interest rate 7#a7 ,in general ,the interest rate for a ,federal ,direct ,stafford ,loan issued under this section shall be-- 7,a7 in the case of a ,federal ,direct ,stafford ,loan discharging the liability on a private education loan issued for undergraduate postsecondary educational expenses1 a rate equal to the rate for ,federal ,direct ,stafford ,loans and ,federal ,direct ,unsubsidized ,stafford ,loans issued to undergraduate students for the #ab-month period beginning on ,july #a1 #bjba1 and ending on ,june #cj1 #bjbb2 and 7,b7 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 expenses1 a rate equal to the rate for ,federal ,direct ,unsubsidized ,stafford ,loans issued to graduate or professional students for the #ab-month period beginning on ,july #a1 #bjba1 and ending on ,june #cj1 #bjbb4 7#b7 ,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 expenses1 the interest rate shall be a rate equal to the rate for ,federal ,direct ,,plus ,loans for the #ab-month period beginning on ,july #a1 #bjba1 and ending on ,june #cj1 #bjbb4 7#c7 ,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 loan4 7c7 ,no inclusion in aggregate limits ,the amount of a ,federal ,direct ,stafford ,loan issued under this section1 or a ,federal ,direct ,consolidated ,loan to the extent such loan is used to repay such a ,federal ,direct ,stafford ,loan1 shall not be included in calculating a borrower's annual or aggregate loan limits under section #dbh or #dbh;,h4 7d7 ,private educational lender reporting requirement 7#a7 ,reporting required ,not later than #f months after the date of enactment of the ,student ,loan ,debt ,relief ,act of #bjbj1 the ,secretary1 in consultation with the ,secretary of the ,treasury and the ,director of the ,bureau of ,consumer ,financial ,protection1 shall establish a requirement that private educational lenders report the data described in paragraph 7#b7 to the ,secretary1 to ,congress1 to the ,secretary of the ,treasury1 and to the ,director of the ,bureau of ,consumer ,financial ,protection1 in order to allow for an assessment of the private education loan market4 7#b7 ,contents of reporting ,the data that private educational lenders shall report in accordance with paragraph 7#a7 shall include each of the following about private education loans 7as defined in section #adj7;a7 of the ,truth in ,lending ,act 7#ae ,u4,s4,c4 #afej7;a7773 7,a7 ,the total amount of private education loan debt the lender holds4 7,b7 ,the total number of private education loan borrowers the lender serves4 7,c7 ,the average interest rate on the outstanding private education loan debt held by the lender4 7,d7 ,the proportion of private education loan borrowers who are in default on a loan held by the lender4 7,e7 ,the proportion of the outstanding private education loan volume held by the lender that is in default4 7,f7 ,the proportions of outstanding private education loan borrowers who are #cj1 #fj1 and #ij days delinquent4 7,g7 ,the proportions of outstanding private education loan volume that is #cj1 #fj1 and #ij days delinquent4 7e7 ,sunset ,the authority to issue loans under this section shall expire on the date that is #h months after the date of enactment of the ,student ,loan ,debt ,relief ,act of #bjbj4 7f7 ,definitions ,in this section3 7#a7 ,private educational lender ,the term private educational lender has the meaning given the term in section #adj7;a7 of the ,truth in ,lending ,act 7#ae ,u4,s4,c4 #afej7;a774 7#b7 ,eligible private education loan ,the term eligible private education loan means a private education loan1 as defined in section #adj7;a7 of the ,truth in ,lending ,act 7#ae ,u4,s4,c4 #afej7;a771 that-- 7,a7 was disbursed to the borrower on or before the date of enactment of the ,student ,loan ,debt ,relief ,act of #bjbj2 and 7,b7 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 part1 as of the date that the loan was disbursed4 4 7c7 ,income-,contingent repayment ,section #dee7;d77#a77;,d7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;e7d77#a77;,d77 is amended by inserting before the semicolon at the end the following3 1 and in calculating the period of time during which a borrower of a loan issued under section #dfj;,a has made monthly payments on such loan for purposes of the plan described in this subparagraph1 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 #dfj;,a1 as a monthly payment made on such loan issued under section #dfj;,a4 7d7 ,public service loan forgiveness ,section #dee7m7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;e7m77 is amended-- 7#a7 by redesignating paragraphs 7#c7 and 7#d7 as paragraphs 7#d7 and 7#e71 respectively2 and 7#b7 by inserting after paragraph 7#b7 the following3 7#c7 ,treatment of loans issued under section #dfj;,a ,notwithstanding paragraph 7#a71 in determining the number of monthly payments made under paragraph 7#a7 on an eligible ,federal ,direct ,loan issued under section #dfj;,a the proceeds of which discharges the liability on a loan made under this part1 the ,secretary shall treat each monthly payment made under paragraph 7#a7 on the loan before the liability on such loan was so discharged as a monthly payment made on such eligible ,federal ,direct ,loan4 2 7e7 ,income-,based repayment ,section #dic;,c of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajih;e7 is amended by adding at the end the following3 7f7 ,treatment of refinanced loans ,in calculating the period of time during which a borrower of a loan issued under section #dfj;,a has made monthly payments on such loan for purposes of subsection 7b77#g71 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 #dfj;,a1 as a monthly payment made on such loan issued under section #dfj;,a4 4 #c ,dischargeability of ,student ,loans in ,bankruptcy #eaica4 ,dischargeability of student loans in bankruptcy 7#a7 ,exception to discharge ,section #ebc7;a7 of title #aa of the ,united ,states ,code is amended by striking paragraph 7#h74 7#b7 ,conforming amendment ,section #acbh7;a77#b7 of title #aa of the ,united ,states ,code is amended by striking 7#h714 #d ,general ,provisions #eaida4 ,report on progress of implementation ,not later than the date that is #f months after the date of enactment of this ,act1 the ,secretary of ,education and the ,secretary of the ,treasury shall1 jointly1 submit to ,congress a report on the progress of the implementation of the provisions of parts #a and #b4 #eaidb4 ,notification to borrowers 7a7 ,in general ,not later than the date that is #c months after the date of enactment of this ,act-- 7#a7 the ,secretary of ,education-- 7,a7 shall take such steps as may be necessary to notify borrowers of an eligible ,federal loan of the loan discharge available under part #a1 including the applicable deadlines2 7,b7 in coordination with the ,secretary of the ,treasury and the ,director of the ,bureau of ,consumer ,financial ,protection1 shall undertake a campaign to notify borrowers of loans made1 insured1 or guaranteed under part ,b or ,d of title ,,iv of the ,higher ,education ,act of #aife that such borrowers may be eligible to refinance such loans at a lower rate of interest under section #dfj;,a of the ,higher ,education ,act of #aife1 as added by part #b of this subtitle1 which campaign shall include-- 7i7 developing consumer information materials about the availability of such refinancing2 and 7ii7 requiring servicers of such loans to provide such consumer information to borrowers in a manner determined appropriate by the ,secretary1 in consultation with the ,director of the ,bureau of ,consumer ,financial ,protection2 and 7,c7 in coordination with the ,secretary of the ,treasury and the ,director of the ,bureau of ,consumer ,financial ,protection1 shall undertake a campaign to alert borrowers of private education loans-- 7i7 that such borrowers may be eligible to refinance such private loans as ,federal ,direct ,stafford ,loans under section #dfj;,b of the ,higher ,education ,act of #aife1 as added by part #b of this subtitle2 and 7ii7 such ,federal ,direct ,stafford ,loans may be eligible for loan discharge under part #a of this subtitle2 and 7#b7 the ,secretary of ,health and ,human ,services1 in consultation with the ,secretary of ,education1 shall take such steps as may be necessary to inform borrowers of a loan made1 insured1 or guaranteed by the ,department of ,health and ,human ,services that is eligible for consolidation under section #dee7;g7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;e7g771 that the-- 7,a7 borrower may be eligible for a ,federal ,direct ,consolidation ,loan under such section #dee7;g72 and 7,b7 such ,federal ,direct ,consolidation ,loan may be eligible for loan discharge under part #a of this subtitle4 7b7 ,notification by private education loan holders ,each holder of a private education loan shall1 not later than the date that is #c months after the date of enactment of this ,act1 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 #dfj;,b of the ,higher ,education ,act of #aife1 and such ,federal ,direct ,stafford ,loan may be eligible for loan discharge under part #a of this subtitle4 #eaidc4 ,inapplicability of title ,,iv negotiated rulemaking and master calendar exception ,sections #dhb7;c7 and #dib of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhi7;c71 #ajih;a7 shall not apply to this subtitle or any amendments made by this subtitle1 or to any regulations promulgated under this subtitle or under such amendments4 #eaidd4 ,definitions ,in this subtitle3 7#a7 ,eligible ,federal loan ,the term eligible ,federal loan means-- 7,a7 a loan made1 insured1 or guaranteed under title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajga et seq47 7other than a loan described in subparagraph 7,b77 on or before the date of enactment of this ,act2 or 7,b7 a ,federal ,direct ,stafford ,loan issued under section #dfj;,b of the ,higher ,education ,act of #aife1 as added by part #b of this subtitle1 on a date that is not later than #i months after the date of enactment of this ,act4 7#b7 ,private education loan ,the term private education loan has the meaning given such term in section #adj7;a7 of the ,truth in ,lending ,act 7#ae ,u4,s4,c4 #afej7;a774 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,education4 7#d7 ,taxpayer ,the term taxpayer has the meaning given such term in section #ggja of the ,internal ,revenue ,code of #aihf4 ,s ,public ,funds for ,public ,schools #ebjja4 ,short title ,this subtitle may be cited as the ,public ,funds for ,public ,schools ,act4 #ebjjb4 ,elimination of school voucher ,state tax credit loophole by limiting the double benefit of charitable contributions 7a7 ,in general ,section #agj7;f7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new paragraph3 7#ai7 ,limitation on double benefit in the case of ,state school voucher tax benefits 7,a7 ,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 contribution4 7,b7 ,state school voucher tax benefit ,for purposes of this paragraph1 the term ,state school voucher tax benefit means the aggregate amount of any ,state income tax credits1 and excess ,state income tax deductions1 provided to the taxpayer by a ,state for any contribution to a specified school voucher organization4 7,c7 ,excess ,state income tax deductions ,for purposes of this paragraph1 the term excess ,state income tax deduction means the product of-- 7i7 the highest rate of ,state income tax applicable to the taxpayer for the taxable year1 multiplied by 7ii7 the excess 7if any7 of-- 7,i7 the ,state income tax deduction provided to the taxpayer with respect to contributions by the taxpayer to specified school voucher organizations1 over 7,,ii7 the amount of such contributions4 7,d7 ,specified school voucher organization ,for purposes of this paragraph1 the term specified school voucher organization means any organization the primary purpose of which is the provision of vouchers1 scholarships1 or other funds1 for the expenses of students to attend elementary or secondary schools4 7,e7 ,treatment of similar ,state benefits ,for purposes of this paragraph1 any ,state benefit which is economically equivalent to a tax credit 7including any payment7 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 7including any exclusion from gross income7 shall be treated as a ,state income tax deduction for purposes of this paragraph4 7#bj7 ,special rule for contributions of built-in gain property to specified school voucher organizations 7,a7 ,in general ,in the case of any contribution by the taxpayer of built-in gain property to a specified school voucher organization1 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 organization4 7,b7 ,definitions ,for purposes of this paragraph-- 7i7 ,built-in gain property ,the term built-in gain property means any property if1 immediately before the contribution of such property1 the fair market value of such property exceeds the adjusted basis of such property4 7ii7 ,specified school voucher organization ,the term specified school voucher organization has the meaning given such term in paragraph 7#ai74 4 7b7 ,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 ,act4 ,t ,ending ,,pushout #ebaja4 ,short title ,this subtitle may be cited as the ,ending ,punitive1 ,unfair1 ,school-based ,harm that is ,overt and ,unresponsive to ,trauma ,act of #bjbj or the ,ending ,,pushout ,act of #bjbj4 #ebajb4 ,purpose ,it is the purpose of this subtitle to-- 7#a7 strengthen data collection related to exclusionary discipline practices in schools and the discriminatory application of such practices1 which disproportionately impacts students of color1 particularly girls of color2 7#b7 eliminate the discriminatory use and overuse of exclusionary discipline practices based on actual or perceived race1 ethnicity1 color1 national origin1 sex 7including sexual orientation1 gender identity1 pregnancy1 childbirth1 a medical condition related to pregnancy or childbirth1 or other stereotype related to sex71 or disability2 and 7#c7 prevent the criminalization and pushout of students from school1 especially ,black and brown girls1 as a result of educational barriers that include discrimination1 punitive discipline policies and practices1 and a failure to recognize and support students with mental health needs or experiencing trauma4 #ebajc4 ,strengthening civil rights data collection with respect to exclusionary discipline in schools 7a7 ,in general ,the ,assistant ,secretary for ,civil ,rights shall annually carry out data collection authorized under section #bjc7;c77#a7 of the ,department of ,education ,organization ,act 7#bj ,u4,s4,c4 #cdac7;c77#a771 which shall include data with respect to students enrolled in a public preschool1 elementary1 or secondary school 7including traditional public1 charter1 virtual1 special education school1 and alternative schools7 who received the following disciplinary actions during the preceding school year3 7#a7 ,suspension 7including the classification of the suspension as in-school suspension or out-of-school suspension71 which shall include data with respect to-- 7,a7 the number of students who were suspended2 7,b7 the number and length of suspensions each such student received2 7,c7 the reason for each such suspension1 including-- 7i7 a violation of a zero-tolerance policy and whether such violation was due to a violent or nonviolent offense2 7ii7 a violation of an appearance or grooming policy2 7iii7 an act of insubordination2 7iv7 willful defiance2 and 7v7 a violation of a school code of conduct2 and 7,d7 the number of days of lost instruction due to each out-of-school suspension4 7#b7 ,expulsion1 which shall include data with respect to-- 7,a7 the number of students who were expelled2 and 7,b7 the reason for each such expulsion1 including-- 7i7 a violation of a zero-tolerance policy and whether such violation was due to a violent or nonviolent offense2 7ii7 a violation of an appearance or grooming policy2 7iii7 an act of insubordination1 willful defiance1 or violation of a school code of conduct2 and 7iv7 the use of profane or vulgar language4 7#c7 ,the number of students subject to an out-of-school transfer to a different school1 including a virtual school1 and if so1 the primary reason for each such transfer4 7#d7 ,the number of students subject to a referral to law enforcement1 including the primary reason for each such referral1 and whether such referral resulted in an arrest4 7b7 ,report 7#a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary1 acting through the ,assistant ,secretary for ,civil ,rights1 shall submit to ,congress a report on the data collected under subsection 7a74 7#b7 ,requirements ,the report required under paragraph 7#a7 shall-- 7,a7 identify1 with respect to the data collected under subsection 7a71 schools1 local educational agencies1 and ,states that demonstrate1 in the opinion of the ,secretary1 the overuse and discriminatory use of exclusionary disciplinary practices2 7,b7 be disaggregated and cross tabulated by-- 7i7 enrollment in a preschool or in an elementary school and secondary school by grade level2 7ii7 race2 7iii7 ethnicity2 7iv7 sex 7including1 to the extent possible1 sexual orientation and gender identity72 7v7 low-income status2 7vi7 disability status 7including students eligible for disability under the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adja et4 seq47 or section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid772 7vii7 ,english learner status2 7viii7 ,tribal citizenship or descent1 in the first or second degree1 of an ,indian ,tribe2 and 7ix7 if applicable1 pregnant and parenting student status2 7,c7 be publicly accessible in multiple languages1 accessibility formats1 and provided in a language that parents1 family1 and community members can understand2 and 7,d7 be presented in a manner that protects the privacy of individuals consistent with the requirements of section #ddd of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb;g71 commonly known as the ,family ,educational ,rights and ,privacy ,act of #aigd4 #ebajd4 ,grants to reduce exclusionary school discipline practices 7a7 ,in general ,the ,secretary shall award grants 7which shall be known as the ,healing ,school ,climate ,grants71 on a competitive basis1 to eligible entities for the purpose of reducing the overuse and discriminatory use of exclusionary discipline practices in schools4 7b7 ,application ,an eligible entity seeking a grant under this section shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require1 including an assurance that the eligible entity shall prioritize schools with the highest rates of suspensions and expulsions4 7c7 ,program requirement ,an eligible entity that receives a grant under subsection 7a7 shall prohibit the use of-- 7#a7 out-of-school suspension or expulsion for any student in preschool through grade #e for incidents that do not involve serious bodily injury2 7#b7 out-of-school suspension or expulsion for any student in preschool through grade #ab for insubordination1 willful defiance1 vulgarity1 truancy1 tardiness1 chronic absenteeism1 or as a result of a violation of a grooming or appearance policy2 7#c7 corporal punishment2 7#d7 mechanical and chemical restraints of students2 7#e7 physical restraints of students1 except in situations involving imminent danger of serious physical harm2 and 7#f7 seclusion4 7d7 ,use of funds 7#a7 ,required uses ,an eligible entity that receives a grant under this section shall use funds to-- 7,a7 evaluate the current discipline policies of a school and1 in partnership with students 7including girls of color71 the family members of students1 and the local community of such school1 develop discipline policies for such school to ensure that such policies are not exclusionary or discriminately applied toward students2 7,b7 provide training and professional development for teachers1 principals1 school leaders1 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 practices1 including training in-- 7i7 identifying and providing support to students who may have experienced or are at risk of experiencing trauma or have other mental health needs2 7ii7 administering and responding to assessments on adverse childhood experiences2 7iii7 providing student-centered1 trauma-informed positive behavior management intervention and support that creates safe and supportive school climates2 7iv7 using restorative practices2 7v7 using culturally and linguistically responsive intervention strategies2 7vi7 developing social and emotional learning competencies2 and 7vii7 increasing student engagement and improving dialogue between students and teachers2 7,c7 implement evidence-based alternatives to suspension or expulsion1 including-- 7i7 multi-tier systems of support1 such as schoolwide positive behavioral interventions and supports2 7ii7 social1 emotional1 and academic learning strategies designed to engage students and avoid escalating conflicts2 and 7iii7 other data-driven approaches to improving school environments2 7,d7 improve behavioral and academic outcomes for students by creating a safe and supportive learning environment and school climate1 which may include-- 7i7 restorative practices with respect to improving relationships among students1 school officials1 and members of the local community1 which may include partnering with local mental health agencies or nonprofit organizations2 7ii7 access to mentors and peer-based support programs2 7iii7 extracurricular programs1 including sports and art programs2 7iv7 social and emotional learning strategies designed to engage students and avoid escalating conflicts2 7v7 access to counseling1 mental health programs1 and trauma-informed care programs1 including suicide prevention programs2 and 7vi7 access to culturally responsive curricula that affirms the history and contributions of traditionally marginalized people and communities2 7,e7 hire social workers1 school counselors1 trauma-informed care personnel1 and other mental health personnel2 and 7,f7 support the development1 delivery1 and analysis of school climate surveys4 7#b7 ,prohibited uses ,an eligible entity that receives a grant under this section may not use funds to-- 7,a7 hire or retain law enforcement personnel1 including school resource officers2 7,b7 purchase1 maintain1 or install surveillance equipment1 including metal detectors or software programs that monitor or mine the social media use or technology use of students2 7,c7 arm teachers1 principals1 school leaders1 or other school personnel2 and 7,d7 enter into formal or informal partnerships or data and information sharing agreements with-- 7i7 the ,secretary of ,homeland ,security1 including agreements with ,u4,s4 ,immigration and ,customs ,enforcement or ,u4,s4 ,customs and ,border ,protection2 or 7ii7 local law enforcement agencies1 including partnerships that allow for hiring of school-based police and school resource officers4 7e7 ,technical assistance ,the ,secretary1 in carrying out subsection 7a71 may reserve not more than #b percent of funds to provide technical assistance to eligible entities1 which may include-- 7#a7 support for data collection1 compliance1 and analysis of the activities of the program authorized under subsection 7a72 and 7#b7 informational meetings and seminars with respect to the application process under subsection 7b74 7f7 ,eligible entities ,in this section1 the term eligible entity means-- 7#a7 #a or more local educational agencies 7who may be partnered with a ,state educational agency71 including a public charter school that is a local educational agency under ,state law or local educational agency operated by the ,bureau of ,indian ,education2 or 7#b7 a nonprofit organization 7defined as an organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code1 which is exempt from taxation under section #eja7;a7 of such ,code7 with a track record of success in improving school climates and supporting students4 #ebaje4 ,joint task force to end school pushout of girls of color 7a7 ,establishment ,the ,secretary and the ,secretary of ,health and ,human ,services shall establish and operate a joint task force to end school pushout 7in this section referred to as the ,joint ,task ,force74 7b7 ,composition 7#a7 ,chairs ,the ,secretary and the ,secretary of ,health and ,human ,services shall chair the ,joint ,task ,force4 7#b7 ,members ,the ,joint ,task ,force shall be composed of-- 7,a7 ,native ,american girls2 7,b7 students1 including ,black and brown girls2 7,c7 teachers2 7,d7 parents with children in school2 7,e7 school officials2 7,f7 representatives from civil rights and disability organizations2 7,g7 psychologists1 social workers1 trauma-informed personnel1 and other mental health professionals2 and 7,h7 researchers with experience in behavioral intervention4 7#c7 ,advisory members ,in addition to the members under paragraph 7#b71 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 ,force4 7#d7 ,member appointment ,not later than #fj days after the date of the enactment of this ,act1 the ,secretary and the ,secretary of ,health and ,human ,services shall appoint the members of the ,joint ,task ,force-- 7,a7 in accordance with paragraph 7#b72 7,b7 using a competitive application process2 and 7,c7 with consideration to the racial1 ethnic1 gender1 and geographic diversity of the ,joint ,task ,force4 7c7 ,study and recommendations ,the ,joint ,task ,force shall-- 7#a7 conduct a study to-- 7,a7 identify best practices for reducing the overuse and discriminatory use of exclusionary discipline practices2 and 7,b7 determine to what extent exclusionary discipline practices contribute to the criminalization of-- 7i7 girls of color2 7ii7 ,english learners2 7iii7 ,native ,american girls2 7iv7 students who identify as lesbian1 gay1 bisexual1 transgender1 queer1 or questioning2 and 7v7 students with disabilities2 and 7#b7 develop recommendations based on the study conducted under paragraph 7#a74 7d7 ,report ,not later than #cfj days after the date of the enactment of this ,act1 and biannually thereafter1 the ,secretary and the ,secretary of ,health and ,human ,services shall submit to ,congress a report on the recommendations under subsection 7c77#b74 #ebajf4 ,authorization of appropriation 7a7 ,in general ,there is authorized to be appropriated #ejj1jjj1jjj for each of fiscal years #bjbb through #bjbf to carry out sections #ebajd and #ebaje4 7b7 ,additional funding to the ,office for ,civil ,rights ,there is authorized to be appropriated #ejj1jjj1jjj for fiscal year #bjbb through #bjbf1 and each fiscal year thereafter1 to carry out section #ebajc4 #ebajg4 ,definitions ,in this subtitle3 7#a7 ,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 official4 7#b7 ,appearance or grooming policy ,the term appearance or grooming policy means any practice1 policy1 or portion of a student conduct code that governs or restricts the appearance of students1 including policies that-- 7,a7 restrict or prescribe clothing that a student may wear 7such as hijabs1 headwraps1 or bandanas72 7,b7 restrict specific hair styles 7such as braids1 locks1 twists1 bantu knots1 cornrows1 extensions1 or afros72 or 7,c7 restrict whether or how a student may apply make-up1 nail polish1 or other cosmetics4 7#c7 ,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-- 7,a7 prescribed by a licensed physician1 or other qualified health professional acting under the scope of the professional's authority under ,state law1 for the standard treatment of a student's medical or psychiatric condition2 and 7,b7 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 law4 7#d7 ,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 school4 7#e7 ,disability ,the term disability means a mental or physical disability that meets the conditions set forth in clauses 7i7 and 7ii7 of section #fjb7c77;,a7 of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adja7c77;,a77i7 and 7ii774 7#f7 ,elementary and ,secondary ,education ,act terms ,the terms elementary school1 ,english learner1 local educational agency1 secondary school1 and ,state educational agency has the meanings given such terms in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#g7 ,gender identity ,the term gender identity means the gender-related identity1 appearance1 mannerisms1 or other gender-related characteristics of an individual regardless of the designated sex at birth of the individual4 7#h7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #d7;e7 of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd7;e774 7#i7 ,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 official4 7#aj7 ,mechanical restraint ,the term mechanical restraint has the meaning given the term in section #eie7;d77#a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;jj7d77#a771 except that the meaning shall be applied by substituting student for resident4 7#aa7 ,multi-tier system of supports ,the term multi-tier system of supports means a comprehensive continuum of evidence-based1 systemic practices to support a rapid response to the needs of students1 with regular observation to facilitate data-based instructional decision making4 7#ab7 ,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 setting1 including a home or behavior center1 regardless of whether such disciplinary removal is deemed as a suspension by school officials4 7#ac7 ,physical escort ,the term physical escort has the meaning given the term in section #eie7;d77#b7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;jj7d77#b771 except that the meaning shall be applied by substituting student for resident4 7#ad7 ,physical restraint ,the term physical restraint means a personal restriction that immobilizes or reduces the ability of an individual to move the individual's arms1 legs1 torso1 or head freely1 except that such term does not include a physical escort1 mechanical restraint1 or chemical restraint4 7#ae7 ,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 students4 7#af7 ,pushout ,the term pushout means an instance when a student leaves elementary1 middle or secondary school1 including a forced transfer to another school1 prior to graduating secondary school due to overuse of exclusionary discipline practices1 failure to address trauma or other mental health needs1 discrimination1 or other educational barriers that do not support or promote the success of a student4 7#ag7 ,school official ,the term school official means a teacher1 school principal1 administrator1 or other personnel engaged in the performance of duties with respect to a school4 7#ah7 ,seclusion ,the term seclusion means the involuntary confinement of a student alone in a room or area where the student is physically prevented from leaving1 and does not include a time out4 7#ai7 ,secretary ,the term ,secretary means the ,secretary of ,education4 7#bj7 ,serious bodily injury ,the term serious bodily injury has the meaning given that term in section #acfe7;h77#c7 of title #ah1 ,united ,states ,code4 7#ba7 ,sexual orientation ,the term 8sexual orientation0 means homosexuality1 heterosexuality1 or bisexuality4 7#bb7 ,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 #fjb7c77;,a77i7 of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adja7c77;,a77i77 or are subject to section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid74 7#bc7 ,time out ,the term time out has the meaning given the term in section #eie7;d77#e7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;jj7d77#e771 except that the meaning shall be applied by substituting 8student0 for 8resident04 7#bd7 ,zero-tolerance policy ,the term zero-tolerance policy is a school discipline policy that results in an automatic disciplinary consequence1 including out-of-school suspension1 expulsion1 and involuntary school transfer4 ,u ,parent ,,plus ,loan ,improvement #ebcja4 ,short title ,this subtitle may be cited as the ,parent ,,plus ,loan ,improvement ,act of #bjbj4 #ebcjb4 ,applicable rate of interest for ,,plus ,loans ,section #dee7;b77#h7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;e7b77#h77 is amended-- 7#a7 in subparagraph 7,c71 by inserting and before ,july #a1 #bjai1 after 1 #bjac12 and 7#b7 by adding at the end the following3 7,g7 ,reduced rate for ,parent ,,plus loans ,notwithstanding the preceding paragraphs of this subsection1 for ,federal ,direct ,,plus ,loans made on behalf of a dependent student for which the first disbursement is made on or after ,july #a1 #bjai1 the applicable rate of interest shall be determined under subparagraph 7,c7 of this paragraph-- 7i7 by substituting #c4f percent for #d4f percent2 and 7ii7 by substituting #i4e percent for #aj4e percent4 4 #ebcjc4 ,elimination of origination fee for ,parent ,,plus loans ,section #dee7;c7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;e7c77 is amended by adding at the end the following new paragraph3 7#c7 ,,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 #a1 #bjai1 paragraph 7#a7 shall be applied by substituting #j4j percent for #d4j percent4 4 #ebcjd4 ,counseling for ,parent ,,plus borrowers ,section #dhe of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajib7 is amended by adding at the end the following3 7n7 ,counseling for parent ,,plus borrowers 7#a7 ,in general ,the ,secretary1 prior to disbursement of a ,federal ,direct ,,plus loan made on behalf of a dependent student1 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 loan4 ,such information-- 7,a7 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 loan1 using simple and understandable language and clear formatting2 and 7,b7 shall be provided-- 7i7 during a counseling session conducted in person2 or 7ii7 online4 7#b7 ,information to be provided ,the information to be provided to the borrower under paragraph 7#a7 shall include the following3 7,a7 ,information on how interest accrues and is capitalized during periods when the interest is not paid by the borrower4 7,b7 ,an explanation of when loan repayment begins1 of the options available for a borrower who may need a deferment1 and that interest accrues during a deferment4 7,c7 ,the repayment plans that are available to the borrower1 including personalized information showing-- 7i7 estimates of the borrower's anticipated monthly payments under each repayment plan that is available2 and 7ii7 the difference in interest paid and total payments under each repayment plan4 7,d7 ,the obligation of the borrower to repay the full amount of the loan1 regardless of whether the student on whose behalf the loan was made completes the program in which the student is enrolled4 7,e7 ,the likely consequences of default on the loan1 including adverse credit reports1 delinquent debt collection procedures under ,federal law1 and litigation4 7,f7 ,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 loan4 4 #ebcje4 ,inclusion of parent ,,plus loans in income-contingent and income-based repayment plans 7a7 ,income-,contingent repayment plan ,section #dee7;d77#a77;,d7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;e7d77#a77;,d77 is amended by striking 1 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 student24 7b7 ,income-,based repayment 7#a7 ,section #dic;,c ,section #dic;,c of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajih;e7 is amended-- 7,a7 in subsection 7a7-- 7i7 by striking this section and all that follows through hardship and inserting ,in this section1 the term partial financial hardship2 and 7ii7 by striking1 7other than an excepted ,,plus loan or excepted consolidation loan72 7,b7 in subsection 7b7-- 7i7 in paragraph 7#a71 by striking 7other than an excepted ,,plus loan or excepted consolidation loan72 7ii7 in paragraph 7#f77;,a71 by striking 7other than an excepted ,,plus loan or excepted consolidation loan72 and 7iii7 in paragraph 7#g71 by striking 7other than a loan under section #dbh;,b or a ,federal ,direct ,,plus ,loan72 and 7,c7 in subsection 7c71 by striking 7other than an excepted ,,plus loan or excepted consolidation loan714 7#b7 ,section #dee7;d77#a77;,e7 ,section #dee7;d77#a77;,e7 of such ,act 7#bj ,u4,s4,c4 #ajhg;e7d77#a77;,d77 is amended by striking 1 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 ,loan1 if the proceeds of such loan were used to discharge the liability on such ,federal ,direct ,,plus ,loan or a loan under section #dbh;,b made on behalf of a dependent student4 7c7 ,application to regulations ,the ,secretary shall ensure that any ,federal ,direct ,,plus ,loan and any loan under section #dbh;,b of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgh-b7 made on behalf of a dependent student are eligible for any repayment plan available under the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja et seq47 or regulations authorized under such ,act 7#bj ,u4,s4,c4 #ajja et seq474 ,v ,time for ,completion #ebdja4 ,short title ,this subtitle may be cited as the ,time for ,completion ,act4 #ebdjb4 ,consumer information about completion or graduation times 7a7 ,transparency in college tuition for consumers ,section #acb7;i77#a77;,j7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajae;a7i77#a77;,j77 is amended to read as follows3 7,j7 7i7 ,for programs of study #d years of length or longer-- 7,i7 the percentages of first-time1 full-time1 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 7,i7 through 7,,iii7 of clause 7iii72 7,,ii7 the percentages of first-time1 part-time1 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 7,i7 through 7,,iii7 of clause 7iii72 7,,iii7 the percentages of non-first time1 full-time1 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 7,i7 through 7,,iii7 of clause 7iii72 and 7,,iv7 the percentages of non-first-time1 part-time1 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 7,i7 through 7,,iii7 of clause 7iii74 7ii7 ,for programs of study less than #d years-- 7,i7 the percentages of first-time1 full-time1 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 7,i7 through 7,,iv7 of clause 7iii72 7,,ii7 the percentages of first-time1 part-time1 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 7,i7 through 7,,iv7 of clause 7iii72 7,,iii7 the percentages of non-first-time1 full-time1 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 7,i7 through 7,,iv7 of clause 7iii72 and 7,,iv7 the percentages of non-first-time1 part-time1 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 7,i7 through 7,,iv7 of clause 7iii74 7iii7 ,for purposes of this subparagraph1 the times for completion or graduation are as follows3 7,i7 ,the normal time for completion of1 or graduation from1 the student's program4 7,,ii7 #aej percent of the normal time for completion of1 or graduation from1 the student's program4 7,,iii7 #bjj percent of the normal time for completion of1 or graduation from1 the student's program4 7,,iv7 #cjj percent of the normal time for completion of1 or graduation from1 the student's program4 7iv7 ,in making publicly available the percentages described in this subparagraph1 the ,secretary shall display each percentage in a consistent manner and with equal visibility4 4 7b7 ,institutional and financial assistance information for students ,section #dhe7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajib7;a77 is amended-- 7#a7 in paragraph 7#a71 by amending subparagraph 7,l7 to read as follows3 7,l7 each completion or graduation rate for each type of student and program described in clauses 7i7 and 7ii7 of section #acb7;i77#a77;,j72 2 and 7#b7 in paragraph 7#c71 by striking within #aej 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 #acb7;i77#a77;,j7 applicable to such student and such program4 ,w ,strength in ,diversity #ebeja4 ,short title ,this subtitle may be cited as the ,strength in ,diversity ,act of #bjbj4 #ebejb4 ,purpose ,the purpose of this subtitle is to support the development1 implementation1 and evaluation of comprehensive strategies to address the effects of racial isolation or concentrated poverty by increasing diversity1 including racial diversity and socioeconomic diversity1 in covered schools4 #ebejc4 ,reservation for national activities ,the ,secretary may reserve not more than #e percent of the amounts made available under section #ebeji for a fiscal year to carry out activities of national significance relating to this subtitle1 which may include-- 7#a7 research1 development1 data collection1 monitoring1 technical assistance1 evaluation1 or dissemination activities2 and 7#b7 the development and maintenance of best practices for recipients of grants under section #ebejd and other experts in the field of school diversity4 #ebejd4 ,grant program authorized 7a7 ,authorization 7#a7 ,in general ,from the amounts made available under section #ebeji and not reserved under section #ebejc for a fiscal year1 the ,secretary shall award grants in accordance with subsection 7b7 to eligible entities to develop or implement plans to improve diversity and reduce or eliminate racial or socioeconomic isolation in covered schools4 7#b7 ,types of grants ,the ,secretary may1 in any fiscal year1 award under paragraph 7#a7-- 7,a7 planning grants to carry out the activities described in section #ebejf7;a72 7,b7 implementation grants to carry out the activities described in section #ebejf7;b72 or 7,c7 both such planning grants and implementation grants4 7b7 ,award basis 7#a7 ,criteria for evaluating applications ,the ,secretary shall award grants under this section on a competitive basis1 based on-- 7,a7 the quality of the application submitted by an eligible entity under section #ebeje2 and 7,b7 the likelihood1 as determined by the ,secretary1 that the eligible entity will use the grant to improve student outcomes or outcomes on other performance measures described in section #ebejg4 7#b7 ,priority ,in awarding grants under this section1 the ,secretary shall give priority to the following eligible entities3 7,a7 ,first1 to an eligible entity that proposes1 in an application submitted under section #ebeje1 to use the grant to support a program that addresses racial isolation4 7,b7 ,second1 to an eligible entity that proposes1 in an application submitted under section #ebeje1 to use the grant to support a program that extends beyond one local educational agency1 such as an inter-district or regional program4 7c7 ,duration of grants 7#a7 ,planning grant ,a planning grant awarded under this section shall be for a period of not more than #a year4 7#b7 ,implementation grant ,an implementation grant awarded under this section shall be for a period of not more than #c years1 except that the ,secretary may extend an implementation grant for an additional #b-year period if the eligible entity receiving the grant demonstrates to the ,secretary that the eligible entity is making significant progress1 as determined by the ,secretary1 on the program performance measures described in section #ebejg4 #ebeje4 ,applications ,in order to receive a grant under section #ebejd1 an eligible entity shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require1 including-- 7#a7 a description of the program for which the eligible entity is seeking a grant1 including-- 7,a7 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 schools2 7,b7 in the case of an implementation grant1 the implementation grant plan described in section #ebejf7;b77#a72 and 7,c7 evidence1 or if such evidence is not available1 a rationale based on current research1 regarding how the program will increase diversity2 7#b7 in the case of an eligible entity proposing to use any of the grant to benefit covered schools that are racially isolated1 a description of how the eligible entity will identify and define racial isolation2 7#c7 in the case of an eligible entity proposing to use any portion of the grant to benefit high-poverty covered schools1 a description of how the eligible entity will identify and define income level and socioeconomic status2 7#d7 a description of the plan of the eligible entity for continuing the program after the grant period ends2 7#e7 a description of how the eligible entity will assess1 monitor1 and evaluate the impact of the activities funded under the grant on student achievement and student enrollment diversity2 7#f7 an assurance that the eligible entity has conducted1 or will conduct1 robust parent and community engagement1 while planning for and implementing the program1 such as through-- 7,a7 consultation with appropriate officials from ,indian ,tribes or ,tribal organizations approved by the ,tribes located in the area served by the eligible entity2 7,b7 consultation with other community entities1 including local housing or transportation authorities2 7,c7 public hearings or other open forums to inform the development of any formal strategy to increase diversity2 and 7,d7 outreach1 in a language that parents can understand1 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 diversity2 7#g7 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 ends2 7#h7 an assurance that the eligible entity will-- 7,a7 cooperate with the ,secretary in evaluating the program1 including any evaluation that might require data and information from multiple recipients of grants under section #ebejd2 and 7,b7 engage in the best practices developed under section #ebejc7b72 7#i7 an assurance that1 to the extent possible1 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 grant2 and 7#aj7 in the case of an eligible entity applying for an implementation grant1 a description of how the eligible entity will-- 7,a7 implement1 replicate1 or expand a strategy based on a strong or moderate level of evidence 7as described in subclause 7,i7 or 7,,ii7 of section #haja7ba77;,a77i7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja772 or 7,b7 will test a promising strategy to increase diversity in covered schools4 #ebejf4 ,uses of funds 7a7 ,planning grants ,each eligible entity that receives a planning grant under section #ebejd shall use the grant to support students in covered schools through the following activities3 7#a7 ,completing a comprehensive assessment of1 with respect to the geographic area served by such eligible entity-- 7,a7 the educational outcomes and racial and socioeconomic stratification of children attending covered schools2 and 7,b7 an analysis of the location and capacity of program and school facilities and the adequacy of local or regional transportation infrastructure4 7#b7 ,developing and implementing a robust family and community engagement plan1 including1 where feasible1 public hearings or other open forums that would precede and inform the development of a formal strategy to improve diversity in covered schools4 7#c7 ,developing options1 including timelines and cost estimates1 for improving diversity in covered schools1 such as weighted lotteries1 revised feeder patterns1 school boundary redesign1 or regional coordination4 7#d7 ,developing an implementation plan based on community preferences among the options developed under paragraph 7#c74 7#e7 ,building the capacity to collect and analyze data that provide information for transparency1 continuous improvement1 and evaluation4 7#f7 ,engaging in best practices developed under section #ebejc7b74 7b7 ,implementation grants 7#a7 ,implementation grant plan ,each eligible entity that receives an implementation grant under section #ebejd shall implement a high-quality plan to support students in covered schools that includes-- 7,a7 a comprehensive set of strategies designed to improve academic outcomes for all students1 particularly students of color and low-income students1 by increasing diversity in covered schools2 7,b7 evidence of strong family and community support for such strategies1 including evidence that the eligible entity has engaged in meaningful family and community outreach activities2 7,c7 goals to increase diversity in covered schools over the course of the grant period2 7,d7 collection and analysis of data to provide transparency and support continuous improvement throughout the grant period2 and 7,e7 a rigorous method of evaluation of the effectiveness of the program4 7#b7 ,implementation grant activities ,each eligible entity that receives an implementation grant under section #ebejd may use the grant to carry out one or more of the following activities3 7,a7 ,recruiting1 hiring1 or training additional teachers1 administrators1 and other instructional and support staff in new1 expanded1 or restructured covered schools1 or other professional development activities for staff and administrators4 7,b7 ,investing in specialized academic programs or facilities designed to encourage inter-district school attendance patterns4 7,c7 ,developing or initiating a transportation plan for bringing students to and from covered schools1 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 #ebejd4 #ebejg4 ,performance measures ,the ,secretary shall establish performance measures for the programs and activities carried out through a grant under section #ebejd4 ,these measures1 at a minimum1 shall track the progress of each eligible entity in-- 7#a7 improving academic and other developmental or noncognitive outcomes for each subgroup described in section #aaaa7;b77#b77;,b77xi7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcaa7;b77#b77;,b77xi77 that is served by the eligible entity on measures1 including1 as applicable1 by-- 7,a7 increasing school readiness2 7,b7 increasing student achievement and decreasing achievement gaps2 7,c7 increasing high school graduation rates2 7,d7 increasing readiness for postsecondary education and careers2 and 7,e7 any other indicator the ,secretary or eligible entity may identify2 and 7#b7 increasing diversity and decreasing racial or socioeconomic isolation in covered schools4 #ebejh4 ,annual reports ,an eligible entity that receives a grant under section #ebejd shall submit to the ,secretary1 at such time and in such manner as the ,secretary may require1 an annual report that includes-- 7#a7 information on the progress of the eligible entity with respect to the performance measures described in section #ebejg2 and 7#b7 the data supporting such progress4 #ebeji4 ,authorization of appropriations ,there are authorized to be appropriated to carry out this subtitle such sums as may be necessary for fiscal year #bjbb and each of the #e succeeding fiscal years4 #ebeaj4 ,definitions ,in this subtitle3 7#a7 ,covered school ,the term covered school means-- 7,a7 a publicly funded early childhood education program2 7,b7 a public elementary school2 or 7,c7 a public secondary school4 7#b7 ,eligible entity ,the term eligible entity means a local educational agency1 a consortium of such agencies1 an educational service agency1 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 entity4 7#c7 ,,esea terms ,the terms educational service agency1 elementary school1 local educational agency1 secondary school1 and ,secretary have the meanings given such terms in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#d7 ,publicly funded early childhood education program ,the term publicly funded early childhood education program means an early childhood education program 7as defined in section #ajc7h7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjc7h777 that receives ,state or ,federal funds4 ,x ,reverse ,transfer ,efficiency #ebfja4 ,short title ,this subtitle may be cited as the ,reverse ,transfer ,efficiency ,act of #bjbj4 #ebfjb4 ,release of education records to facilitate the award of a recognized postsecondary credential ,section #ddd7;b7 of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb;g7b77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,k77ii71 by striking 2 and and inserting a semicolon2 and 7,b7 in subparagraph 7,l71 by striking the period at the end and inserting 2 and2 and 7#b7 by inserting after subparagraph 7,l7 the following3 7,m7 an institution of postsecondary education in which the student was previously enrolled1 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 7as that term is defined in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb771 upon condition that the student provides written consent prior to receiving such credential4 4 ,y ,supporting ,minority ,,stem ,student to ,career #ebgja4 ,short title ,this subtitle may be cited as the ,supporting ,minority ,,stem ,student to ,career ,act4 #ebgjb4 ,minority science and engineering improvement program 7a7 ,required criteria ,section #ceb7;c7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfg;b7c77 is amended-- 7#a7 in paragraph 7#i71 by striking and2 7#b7 in paragraph 7#aj71 by striking the period and inserting 2 and2 and 7#c7 by adding the following at the end3 7#aa7 the amount of non-,federal funds a grant recipient will use to support the activities to be funded by the grant4 4 7b7 ,authorized use of funds ,section #cec7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfg;c7b77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,a71 by striking or2 7,b7 in subparagraph 7,b71 by striking the period and inserting a semicolon2 and 7,c7 by adding the following at the end3 7,c7 providing direct financial assistance to students who are underrepresented in ,,stem2 or 7,d7 improving institutional capacity to provide-- 7i7 guidance counseling and academic advising2 7ii7 work-study opportunities that are aligned to a student's chosen field of study2 7iii7 faculty1 peer1 and near-peer mentorship2 7iv7 summer bridge programs2 7v7 undergraduate research opportunities2 7vi7 work-based learning opportunities aligned with a student's chosen field of study2 or 7vii7 individualized academic support and tutoring4 2 and 7#b7 in paragraph 7#b7-- 7,a7 in subparagraph 7,c71 by striking or2 7,b7 in subparagraph 7,d71 by striking the period and inserting 2 or2 and 7,c7 by adding the following at the end3 7,e7 any of the activities described in subparagraphs 7,a7 through 7,d7 of paragraph 7#a74 4 7c7 ,cross program and cross agency cooperation ,section #cfc of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfg;i7 is amended to read as follows3 #cfc4 ,cross program and cross agency cooperation 7a7 ,in general ,the ,minority ,science and ,engineering ,improvement ,programs shall cooperate and consult with other programs within the ,department and within ,federal1 ,state1 and private agencies which carry out programs to improve the quality of science1 mathematics1 and engineering education4 7b7 ,report ,not later than #abj days after the date of enactment of the ,supporting ,minority ,,stem ,student to ,career ,act1 the ,secretary shall1 in consultation with all ,federal agencies that have ,,stem education activities1 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-- 7#a7 outlines efforts to coordinate ,federal grant programs for these populations to more effectively achieve the ,federal ,government's objective to diversify the ,,stem fields2 and 7#b7 outlines strategies to align ,federal ,government research opportunities1 internships1 and deferred hiring programs from minority institutions receiving a grant under this part for students who are underrepresented in science and engineering4 4 7d7 ,definitions ,section #cfe of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgk7 is amended-- 7#a7 by striking paragraphs 7#c7 and 7#d72 and 7#b7 by adding at the end the following3 7#aj7 ,institution of higher education ,the term institution of higher education has the meaning given such term in section #aja4 7#aa7 ,minority institution ,the term minority institution means an institution described in section #cga7;a74 7#ab7 ,,stem ,the term ,,stem means the fields of science1 technology1 engineering1 and mathematics as described in section #cef7;a74 4 ,z ,,end ,,all ,hazing #ebhja4 ,short title ,this subtitle may be cited as the ,educational ,notification and ,disclosure of ,actions risking ,loss of ,life by ,hazing ,act1 or the ,,end ,,all ,hazing ,act4 #ebhjb4 ,findings ,congress finds as follows3 7#a7 ,hazing is a problem in the ,united ,states1 but most especially in our ,nation's educational system4 7#b7 ,hazing undermines the educational experience of the victims and the perpetrators4 ,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 organization4 7#c7 ,while hazing takes many forms1 including menial labor1 disparagement1 public or private humiliation1 and forced exercise1 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 instances4 7#d7 ,numerous students have died as a result of collegiate hazing4 ,some of the recent tragedies include ,nicky ,cumberland1 ,max ,gruver1 ,tim ,piazza1 ,dalton ,debrick1 ,marquise ,braham1 and ,harrison ,kowiak4 #ebhjc4 ,hazing reporting requirements for institutions of higher education ,section #dhe of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajib7 is amended-- 7#a7 in subsection 7a77#a7-- 7,a7 in subparagraph 7,u71 by striking and at the end2 7,b7 in subparagraph 7,v71 by striking the period and inserting 2 and2 and 7,c7 by adding at the end the following new subparagraph3 7,w7 the hazing reports prepared by the institution pursuant to subsection 7n74 2 and 7#b7 by adding at the end the following new subsection3 7n7 ,disclosures of hazing-,related misconduct 7#a7 ,mandatory hazing reports ,each eligible institution participating in any program under this title1 other than a foreign institution of higher education1 shall on ,august #a1 #bjba1 begin to collect information with respect to hazing-related misconduct and anti-hazing policies of that institution1 and beginning on ,january #a1 #bjbb1 and each ,july #a and ,january #a thereafter1 prepare and make publicly available1 in accordance with this subsection1 a report containing the information required by this subsection4 7#b7 ,report content 7,a7 ,in general ,a report required by paragraph 7#a7 shall include each finding by the institution that a student organization committed-- 7i7 a violation of the institution's standards of conduct1 or of ,federal1 ,state1 or local law1 relating to hazing2 or 7ii7 other conduct that threatens a student's physical safety1 including a violation involving the abuse or illegal use of alcohol or drugs4 7,b7 ,incident information ,a report required by paragraph 7#a7 shall include1 for each finding by the institution of a violation described in subparagraph 7,a71 the following3 7i7 ,the name of the student organization that committed the violation4 7ii7 ,a general description of the violation1 the charges1 the findings of the institution1 and the sanctions placed on the organization4 7iii7 ,the dates on which-- 7,i7 the violation was alleged to have occurred2 7,,ii7 the student organization was charged with misconduct2 7,,iii7 the investigation was initiated2 and 7,,iv7 the investigation ended with a finding that a violation occurred4 7,c7 ,exclusions ,a report required by paragraph 7#a7 shall not include-- 7i7 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 institution2 or 7ii7 any personally identifiable information on any individual student or member of a student organization4 7,d7 ,,ferpa compliance ,the report required by paragraph 7#a7 shall be subject to the requirements of section #ddd of the ,general ,education ,provisions ,act 7commonly known as the ,family ,educational ,rights and ,privacy ,act of #aigd74 7#c7 ,availability 7,a7 ,public website ,each institution shall provide1 in a prominent location on the institution's website1 a link to the webpage that contains each report required under paragraph 7#a74 ,such webpage shall include a statement notifying the public-- 7i7 of the availability of information including findings1 sanctions1 and the implementation of sanctions1 except information protected under section #ddd of the ,general ,education ,provisions ,act 7commonly known as the ,family ,education ,rights and ,privacy ,act of #aigd72 7ii7 a description of how a member of the public may obtain such information2 and 7iii7 a statement that the institution is required to provide such information pursuant to the ,,end ,,all ,hazing ,act4 7,b7 ,notice in print ,each institution shall provide to all enrolled students and to each applicant for enrollment1 a printed notice of the nature and availability of the reports required under paragraph 7#a71 and the website address at which such reports are available4 7,c7 ,maintenance period ,each institution shall maintain each report required under paragraph 7#a7 on its website for a period of #e academic years4 7#d7 ,reports to law enforcement ,each institution participating in any program under this title1 other than a foreign institution of higher education1 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 institution1 campus authorities1 or any student organization officially recognized by the institution4 ,such an allegation shall be reported within #gb hours of when the institution is first notified of the allegation4 7#e7 ,applicability to multi-institution student organizations ,in the case of an allegation that a multi-institution student organization was involved in a hazing incident1 the requirements of this subsection shall apply only to the institution or institutions at which the students involved in such allegation are enrolled 7or were formerly enrolled71 including any student who was a victim in the alleged incident4 7#f7 ,definitions ,in this subsection3 7,a7 ,hazing ,the term #8hazing' means any intentional1 knowing1 or reckless act committed by a student1 or a former student1 of an institution of higher education1 whether individually or in concert with other persons1 against another student1 that-- 7i7 was committed in connection with an initiation into1 an affiliation with1 or the maintenance of membership in1 any student organization2 and 7ii7 causes1 or contributes to a substantial risk of1 physical injury1 mental harm1 or personal degradation4 7,b7 ,student organization 7i7 ,in general ,the term #8student 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 institution4 7ii7 ,multi-institution student organizations ,the term #8multi-institution student organization' means a student organization that includes students from more than one institution of higher education1 including city-wide1 regional1 ,state1 and national chapters of student organizations4 4 ,,aa ,report and ,educate ,about ,campus ,hazing #ebija4 ,short title ,this subtitle may be cited as the ,report and ,educate ,about ,campus ,hazing ,act or the ,,reach ,act4 #ebijb4 ,inclusion of hazing incidents in annual security reports ,section #dhe7;f77#a77;,f7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajib7;f77#a77 is amended-- 7#a7 in clause 7i71 by striking and at the end2 7#b7 in clause 7ii71 by striking and at the end2 7#c7 in clause 7iii71 by striking the period at the end and inserting 2 and2 and 7#d7 by adding at the end the following3 7iv7 of hazing incidents that were reported to campus security authorities or local police agencies4 4 #ebijc4 ,definition of hazing ,section #dhe7;f77#f77;,a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajib7;f77#f77;,a77 is amended by adding at the end the following3 7vi7 ,the term hazing means any intentional1 knowing1 or reckless act committed by a student1 or a former student1 of an institution of higher education1 whether individually or in concert with other persons1 against another student1 that-- 7,i7 was committed in connection with an initiation into1 an affiliation with1 or the maintenance of membership in1 any organization that is affiliated with such institution of higher education2 and 7,,ii7 contributes to a substantial risk of physical injury1 mental harm1 or degradation or causes physical injury1 mental harm or personal degradation4 4 #ebijd4 ,recording of hazing incidents ,section #dhe7;f77#g7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajib7;f77#g77 is amended by inserting after the second sentence the following3 ,for hazing incidents1 such statistics shall be compiled in accordance with the definition of that term in paragraph 7#f77;,a77vi74 #ebije4 ,educational program on hazing ,section #dhg7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajid7;a77 is amended by adding at the end the following3 7#cj7 ,the institution will provide students with an educational program on hazing 7as that term is defined in section #dhe7;f77#f77;,a77vi771 which shall include information on hazing awareness1 hazing prevention1 and institution's policies on hazing4 4 ,,bb ,,stop ,campus ,hunger #ecjja4 ,short title ,this subtitle may be cited as the ,supporting ,transparency to ,overcome ,poverty and ,campus ,hunger ,act or the ,,stop ,campus ,hunger ,act4 #ecjjb4 ,student eligibility information for nutrition assistance programs 7a7 ,information dissemination activities ,section #dhe7;a77#a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajib7;a77#a77 is amended-- 7#a7 in subparagraph 7,u71 by striking the and at the end2 7#b7 in subparagraph 7,v71 by striking the period at the end and inserting a semicolon2 and 7#c7 by adding at the end the following3 7,w7 the most recent relevant student eligibility guidance with respect to the nutrition assistance programs established under-- 7i7 section #d of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjad72 and 7ii7 section #ag of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aghf72 7,x7 the contact information for the ,state agencies responsible for administration of the programs specified in clauses 7i7 and 7ii7 of subparagraph 7,w72 and 7,y7 the food pantries and other food assistance facilities and services available to students enrolled in such institution4 4 7b7 ,college ,navigator website ,not later than #cj days after the date of the enactment of this ,act1 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-- 7#a7 section #d of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjad72 and 7#b7 section #ag of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aghf74 ,,cc ,end ,pandemic ,hunger for ,college ,students #ecaja4 ,short title ,this subtitle may be cited as the ,end ,pandemic ,hunger for ,college ,students ,act of #bjbj4 #ecajb4 ,,snap eligibility for low-income college students 7a7 ,in general ,notwithstanding any other provision of law1 not later than #bj days after the date of the enactment of this ,act1 eligibility for supplemental nutrition assistance program benefits shall not be limited under section #f7;e7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjae7;e77 for an individual who as of ,march #a1 #bjba1 or anytime in the prior #cj days was-- 7#a7 enrolled at least half-time in an institution of higher education2 and 7#b7 participating in the supplemental nutrition assistance program4 7b7 ,state option 7#a7 ,authority to adjust additional eligibility standards ,in addition to the application of subsection 7a7 and if requested by a ,state agency or issued by nationwide guidance by the ,secretary1 the ,secretary may adjust the eligibility standards under section #f7;e7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjae7;e77 for individuals who are enrolled in an institution of higher education in any ,state affected by the outbreak of ,,covid-#ai4 ,in making an adjustment authorized by this paragraph1 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 standards4 7#b7 ,readily approvable adjustment requests ,the ,secretary shall approve a request of a ,state agency to adjust the eligibility standards under section #f7;e7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjae7;e77 for individuals who are enrolled at least half-time in an institution of higher education and-- 7,a7 are members of households1 as described in section #c7m77#b7 of such ,act 7#g ,u4,s4,c4 #bjab7m77#b771 who are otherwise eligible to participate in the supplemental nutrition assistance program2 or 7,b7 in the most recent academic year1 had an expected family contribution of #j as determined in accordance with part ,f of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhgkk et seq474 7c7 ,sunset 7#a7 ,initial applications ,the eligibility standards authorized under subsections 7a7 and 7b7 shall be in effect for initial applications for the supplemental nutrition assistance program until #ij days after the ,,covid-#ai public health emergency is lifted4 7#b7 ,recertifications ,the eligibility standards authorized under subsections 7a7 and 7b7 shall be in effect until the first recertification of a household beginning no earlier than #ij days after the ,,covid-#ai public health emergency is lifted4 7d7 ,guidance 7#a7 ,in general ,not later than #aj days after the date of enactment of this ,act1 the ,secretary shall issue guidance to ,state agencies on the temporary student eligibility requirements1 and ,state options1 established under this section4 7#b7 ,coordination with the ,department of ,education ,the ,secretary of ,education1 in consultation with the ,secretary of ,agriculture and institutions of higher education1 shall carry out activities to inform applicants for ,federal student financial aid under the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja et seq47 and students at institutions of higher education of the temporary student eligibility requirements established under this section4 7e7 ,public availability ,not later than #aj days after the date of the receipt or issuance of each document listed in paragraphs 7#a71 7#b71 or 7#c7 of this subsection1 the ,secretary shall make publicly available on the website of the ,department of ,agriculture the following documents3 7#a7 ,any request submitted by ,state agencies under subsection 7b74 7#b7 ,the ,secretary's approval or denial of each such request4 7#c7 ,any guidance issued by the ,secretary to carry out this section4 7f7 ,definitions ,in this section3 7#a7 ,,covid-#ai ,the term ,,covid-#ai has the meaning given such term in section #bajb of the ,,cares ,act 7,public ,law #aaf-acf74 7#b7 ,,covid-#ai public health emergency ,the term ,,covid-#ai public health emergency has the meaning given such term in section #bajb of the ,,cares ,act 7,public ,law #aaf-acf74 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture4 7#d7 ,state agency ,the term ,state agency has the meaning given such term in section #c7s7 of the ,food and ,nutrition ,act 7#g ,u4,s4,c4 #bjab7s774 7#e7 ,supplemental nutrition assistance program ,the term supplemental nutrition assistance program has the meaning given such term in section #c7t7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjab7t774 ,,dd ,supporting ,connectivity for ,higher ,education ,students in ,need #ecbja4 ,short title ,this subtitle may be cited as the ,supporting ,connectivity for ,higher ,education ,students in ,need ,act4 #ecbjb4 ,funds to support 7a7 ,regulations ,required 7#a7 ,in general ,not later than #ad days after the date of enactment of this ,act1 the ,assistant ,secretary1 in consultation with the ,secretary of ,education1 shall promulgate regulations for the provision1 from amounts made available from the ,emergency ,higher ,education ,connectivity ,fund established under subsection 7d77#a71 of support to an institution of higher education for the purposes of providing eligible services and eligible equipment to students of that institution4 7#b7 ,content ,the regulations promulgated under paragraph 7#a7 shall-- 7,a7 prioritize support for-- 7i7 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 #aife 7#bj ,u4,s4,c4 #ajeg et seq41 #ajfj et seq41 #aaja et seq471 including-- 7,i7 a historically ,black college or university2 7,,ii7 a ,hispanic-serving institution2 7,,iii7 a ,tribal ,college or ,university2 and 7,,iv7 a minority-serving institution2 and 7ii7 a rural-serving institution2 7,b7 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-- 7i7 is eligible to receive a ,federal ,pell ,grant2 7ii7 is a recipient of any other need-based financial aid from the ,federal ,government1 a ,state1 or that institution of higher education2 7iii7 is eligible for a ,lifeline qualifying assistance program2 7iv7 is a low-income individual1 as that term is defined in section #cab7;g7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajeh7;g772 7v7 is a first generation college student1 as that term is defined in section #fdf4g of title #cd1 ,code of ,federal ,regulations 7or any successor regulation72 7vi7 has been approved to receive ,federal or ,state unemployment insurance benefits since ,march #a1 #bjba2 or 7vii7 the institution of higher education believes lacks necessary connectivity for participating in distance learning or academic and student support services2 7,c7 establish a schedule of reasonable per-student funding amounts for eligible services and eligible equipment supported under those regulations2 7,d7 provide that-- 7i7 an institution of higher education that purchases eligible equipment using support received under those regulations may1 after the termination of those regulations under subsection 7b71 use that eligible equipment for purposes that the institution considers appropriate1 subject to any restrictions provided in those regulations 7or any successor regulations that are promulgated on or before the termination date described in paragraph 7#a7 of that subsection72 7ii7 no person that receives support under those regulations may sell or otherwise transfer eligible support or eligible equipment in exchange for anything 7including a service7 of value1 except that such person may exchange that eligible equipment for upgraded equipment of the same type2 and 7iii7 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 equipment2 and 7,e7 establish reasonable requirements-- 7i7 for an institution of higher education to apply for support under those regulations2 7ii7 for an institution of higher education to procure eligible services and eligible equipment with support obtained under those regulations2 7iii7 with respect to reporting1 recordkeeping1 retention of documents1 compliance1 and audits for an institution of higher education that receives support under those regulations2 7iv7 for payment and distribution of support to institutions of higher education under those regulations2 and 7v7 with respect to any other processes that the ,assistant ,secretary1 in consultation with the ,secretary of ,education1 determines to be appropriate4 7b7 ,termination of regulations 7#a7 ,in general ,subject to paragraph 7#b71 the regulations promulgated under subsection 7a7 shall terminate on the date that is #fj days after the date on which the public health emergency declared by the ,secretary of ,health and ,human ,services under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d7 with respect to ,,covid-#ai1 or any renewal of that declaration1 terminates4 7#b7 ,continuity of funding ,if1 during the period in which the regulations promulgated under subsection 7a7 are in effect1 the ,assistant ,secretary makes a commitment to provide support to an institution of higher education under those regulations1 the ,assistant ,secretary may make a payment with respect to that commitment on any date that is on or before ,september #cj1 #bjba4 7c7 ,exemptions 7#a7 ,notice and comment rulemaking requirements ,subsections 7b71 7c71 and 7d7 of section #eec of title #e1 ,united ,states ,code1 shall not apply with respect to a regulation promulgated under subsection 7a7 of this section or a rulemaking to promulgate such a regulation4 7#b7 ,paperwork ,reduction ,act requirements ,a collection of information conducted or sponsored under the regulations promulgated under subsection 7a7 shall not constitute a collection of information for the purposes of subchapter ,i of chapter #ce of title #dd1 ,united ,states ,code 7commonly referred to as the ,paperwork ,reduction ,act74 7d7 ,emergency ,higher ,education ,connectivity ,fund 7#a7 ,establishment ,there is established in the ,treasury of the ,united ,states a fund to be known as the ,emergency ,higher ,education ,connectivity ,fund4 7#b7 ,appropriation ,there is appropriated to the ,emergency ,higher ,education ,connectivity ,fund1 out of any money in the ,treasury not otherwise appropriated1 #a1jjj1jjj1jjj for fiscal year #bjba1 to remain available through fiscal year #bjbb4 7#c7 ,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 7a74 7e7 ,rule of ,construction ,nothing in this section1 any regulation promulgated under this section1 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 section4 7f7 ,definitions ,in this section3 7#a7 ,assistant ,secretary ,the term ,assistant ,secretary means the ,assistant ,secretary of ,commerce for ,communications and ,information4 7#b7 ,broadband internet access service ,the term broadband internet access service has the meaning given the term in section #h4a7;b7 of title #dg1 ,code of ,federal ,regulations 7or any successor regulation74 7#c7 ,eligible equipment ,the term eligible equipment means any of the following3 7,a7 ,a laptop computer1 tablet computer1 or similar device capable of connecting to broadband internet access service4 7,b7 ,a modem4 7,c7 ,a router4 7,d7 ,a device that combines a modem and a router4 7,e7 ,a ,wi-,fi hotspot4 7#d7 ,eligible service ,the term eligible service means-- 7,a7 broadband internet access service2 and 7,b7 video-conferencing systems and services used for distance learning4 7#e7 ,federal ,pell ,grant ,the term ,federal ,pell ,grant means a grant under section #dja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;a74 7#f7 ,hispanic-serving institution ,the term ,hispanic-serving institution has the meaning given the term in section #ejb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #aaja;a74 7#g7 ,historically ,black college or university ,the term historically ,black college or university has the meaning given the term part ,b institution in section #cbb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfa74 7#h7 ,institution of higher education ,the term institution of higher education means-- 7,a7 an institution of higher education1 as that term is defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja72 or 7,b7 a postsecondary vocational institution1 as that term is defined in section #ajb7;c7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb7;c774 7#i7 ,lifeline qualifying assistance progam ,the term ,lifeline qualifying assistance program means a program described in section #ed4djj7;j7 of title #dg1 ,code of ,federal ,regulations 7or any successor regulation74 7#aj7 ,minority-serving institution ,the term minority-serving institution means any of the following3 7,a7 ,an ,alaska ,native-serving institution 7as that term is defined in section #cag7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;d7b7774 7,b7 ,a ,native ,hawaiian-serving institution 7as that term is defined in section #cag7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;d7b7774 7,c7 ,a ,predominantly ,black institution 7as that term is defined in section #cga7;c7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7c7774 7,d7 ,an ,asian ,american and ,native ,american ,pacific ,islander-serving institution 7as that term is defined in section #cbj7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;g7b7774 7,e7 ,a ,native ,american-serving1 nontribal institution 7as that term is defined in section #cai7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;f7b7774 7,f7 ,a consortium of any of the following3 7i7 ,a historically ,black college or university4 7ii7 ,a ,hispanic-serving institution4 7iii7 ,a ,tribal ,college or ,university4 7iv7 ,an institution described in any of subparagraphs 7,a7 through 7,e74 7#aa7 ,rural-serving institution ,the term rural-serving institution has the meaning given the term rural-serving institution of higher education in section #hfa7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #aafaq7b774 7#ab7 ,state ,the term ,state has the meaning given the term in section #ajc of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjc74 7#ac7 ,student ,the term student1 when used with respect to an institution of higher education1 means an individual who1 during the period in which the individual receives support under the regulations promulgated under subsection 7a71 is-- 7,a7 registered as a student with the institution2 7,b7 enrolled in not less than #a class of the institution2 or 7,c7 otherwise considered a student by the institution4 7#ad7 ,tribal college or university ,the term ,tribal ,college or ,university has the meaning given the term in section #caf of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;c74 7#ae7 ,wi-,fi ,the term ,wi-,fi means a wireless networking protocol based on ,institute of ,electrical and ,electronics ,engineers standard #hjb4aa 7or any successor standard74 7#af7 ,wi-,fi hotspot ,the term ,wi-,fi hotspot means a device that is capable of-- 7,a7 receiving broadband internet access service2 and 7,b7 sharing broadband internet access service with another device through the use of ,wi-,fi4 ,,ee ,black ,history is ,american ,history #eccja4 ,short title ,this subtitle may be cited as the ,black ,history is ,american ,history ,act4 #eccjb4 ,findings ,congress finds the following3 7#a7 ,whereas since before its founding1 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 world4 7#b7 ,whereas ,african ,american history does not begin in the ,americas4 ,it can be traced back to the great empires of ,west ,africa beginning in ,a4,d4 #gij1 which aided the establishment and survival of colonies in ,america and the ,new ,world1 generally1 and fought against ,european oppression4 7#c7 ,whereas ,african ,americans have represented a significant portion of the ,american population from nearly #bj percent at the signing of the ,declaration of ,independence1 almost all of whom1 if not all1 were victims of the largest forced deportations in recorded history1 the transatlantic slave trade and resulting ,african diaspora4 ,it is estimated over #aj1jjj1jjj free ,africans were enslaved between the mid-fifteenth and nineteenth centuries during the diaspora4 7#d7 ,whereas slavery was not abolished and ,african ,americans not acknowledged as ,american citizens until the mid-nineteenth century1 servitude did not abate their contributions to the settlement1 growth1 and development of the ,united ,states1 which continued through ,post-,reconstruction1 ,jim ,crow1 industrialization1 ,world ,wars and conflicts1 innovation and inventiveness1 constitutional progress1 and every aspect of ,american society4 7#e7 ,whereas during the civil rights movement of the #aiejs and #aifjs1 civil rights leaders and activists championed the fight for equal rights1 including voting rights1 for all ,african ,americans4 7#f7 ,whereas the seminal case of ,brown v4 ,board of ,education1 decided ,may #ag1 #aied1 found that the decades old policy of separate but equal access to education was inherently unequal1 and the segregation of ,black public-school students was no longer the law of the land4 7#g7 ,whereas ,african ,americans continue to fight discrimination1 structural racism1 economic inequities1 and benign and overt omission of the integral role they played in our country's rise to greatness4 7#h7 ,whereas currently1 #ab ,states 7,arkansas1 ,california1 ,colorado1 ,florida1 ,illinois1 ,new ,jersey1 ,new ,york1 ,michigan1 ,mississippi1 ,rhode ,island1 ,south ,carolina1 and ,texas7 have passed educational laws requiring ,black history be incorporated into the curricula of all public schools4 7#i7 ,whereas ,congress established the ,national ,museum of ,african ,american ,history and ,culture in #bjjc after decades of efforts to promote and highlight the contributions of ,african ,americans1 which serves as an indication of the national importance of examining ,black history4 ,since opening in #bjaf1 the museum has worked to educate the public on the ,american story through the lens of ,african ,american history and culture and provide educators1 parents1 caregivers1 and students with tools and resources on the ,african ,american experience1 its national impact1 race1 racism1 and the importance of tolerance and inclusivity4 7#aj7 ,whereas according to a #bjae 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-#ab ,public ,schools1 key findings indicated that teachers considered ,black history as influential in understanding the complexity of ,united ,states history4 7#aa7 ,whereas the importance of ,black history is reflected in the ,national ,assessment of ,educational ,progress ,united ,states ,history framework1 from pre-colonization through contemporary ,america4 7#ab7 ,whereas the ,federal ,government1 through support for educational activities of national museums established under ,federal law1 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 history4 #eccjc4 ,american history and civics education 7a7 ,program authorized ,section #bbca7;a7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fffa7;a77 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by inserting 1 which shall include ,black history1 after ,american history2 and 7#b7 in paragraph 7#b7-- 7,a7 by inserting which shall include ,black history1 after ,american history12 and 7,b7 by inserting 1 which shall include ,black history after traditional ,american history4 7b7 ,presidential and ,congressional academies for ,american ,history and ,civics ,section #bbcb of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fffb7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by inserting 1 which shall include ,black history1 after ,american ,history2 and 7,b7 in paragraph 7#b71 by inserting 1 which shall include ,black history1 after ,american ,history2 7#b7 in subsection 7c77#a71 by inserting 1 which shall include ,black history1 after ,american history2 7#c7 in subsection 7e7-- 7,a7 in paragraph 7#a7-- 7i7 by inserting 1 which shall include ,black history1 after ,american history2 7ii7 in subparagraph 7,a7-- 7,i7 by inserting 1 which shall include ,black history1 after teachers of ,american history2 and 7,,ii7 by inserting 1 which shall include ,black history1 after subjects of ,american history2 and 7iii7 in subparagraph 7,b71 by inserting 1 which shall include ,black history1 after ,american history2 7,b7 in paragraph 7#b71 by inserting 1 which shall include ,black history1 after ,american history2 and 7,c7 in paragraph 7#d71 by inserting 1 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 ,parks2 and 7#d7 in subsection 7f7-- 7,a7 by inserting 1 which shall include ,black history1 after ,american history2 7,b7 in subparagraph 7,a71 by inserting 1 which shall include ,black history1 after ,american history2 and 7,c7 in subparagraph 7,b71 by inserting 1 which shall include ,black history1 after ,american history4 7c7 ,national activities ,section #bbcc of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fffc7 is amended-- 7#a7 in subsection 7a71 by inserting which shall include ,black history1 after ,american history12 and 7#b7 in subsection 7b71 by inserting which shall include ,black history1 after ,american history14 7d7 ,national assessment of educational progress ,section #cjc7;b77#b77;,d7 of the ,national ,assessment of ,educational ,progress ,authorization ,act 7#bj ,u4,s4,c4 #ifbb7;b77#b77;,d77 is amended by inserting 7which shall include ,black history7 after history14 ,,ff ,,campus ,,hate ,crimes #ecdja4 ,short title ,this subtitle may be cited as the ,creating ,accountability ,measures ,protecting ,university ,students ,historically ,abused1 ,threatened1 and ,exposed to ,crimes ,act or the ,,campus ,,hate ,crimes ,act4 #ecdjb4 ,findings ,congress finds the following3 7#a7 ,the incidence of violence motivated by the actual or perceived race1 color1 religion1 national origin1 gender1 sexual orientation1 gender identity1 or disability of the victim1 known as hate crimes or crimes motivated by bias1 poses a serious national problem4 7#b7 ,such violence motivated by hatred and bigotry endangers our citizens and disrupts the communities they live in1 by tearing at the fabric of our ,nation and our constitutional aspiration to create a stronger1 more perfect union4 7#c7 ,according to data obtained by the ,southern ,poverty ,law ,center1 schools were a particularly common location for hate crimes to occur--including #aej incidents on college campuses in #cc ,states since ,november4 7#d7 ,this level of violence demonstrates an unprecedented escalation in race and hate-based crime being committed on college campuses compared to recent years4 7#e7 ,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 messaging4 ,such efforts include placing fliers around campus1 online organizing1 and bringing national leaders to speak4 7#f7 ,college campuses have become the ideal location for hate group activity because they traditionally embrace diversity1 tolerance1 and social justice and strive for equality and have created safe spaces for students of every gender and identity4 7#g7 ,these are soft targets for such groups1 because students are more curious and receptive to new1 even radical1 ideas than older individuals4 7#h7 ,the ,higher ,education ,act of #aife and the ,jeanne ,clery ,disclosure of ,campus ,security ,policy and ,campus ,crime ,statistics ,act have enabled ,federal authorities to understand1 report1 and where appropriate1 investigate and prosecute hate crimes committed within the jurisdiction of an institution of higher education4 7#i7 ,however1 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 evaluate1 prepare1 and implement an effective strategy to prevent and respond to such crimes4 7#aj7 ,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 place1 and the assistance services available4 7#aa7 ,federal financial assistance with regard to providing training1 technical assistance1 evaluation1 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 needs4 7#ab7 ,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 community4 7#ac7 ,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 crimes1 including violence motivated by the actual or perceived race1 color1 religion1 national origin1 gender1 sexual orientation1 gender identity1 or disability of the victim4 7#ad7 ,the problem of crimes motivated by bias is sufficiently serious1 widespread1 and interstate in nature as to warrant ,federal financial assistance to ,states and local jurisdictions4 #ecdjc4 ,hate crime prevention and response ,part ,b of title ,i of the ,higher ,education ,act of #aife is amended by adding at the end the following3 #abd4 ,hate crime prevention and response 7a7 ,restriction on eligibility ,notwithstanding any other provision of law1 no institution of higher education shall be eligible to receive funds or any other form of financial assistance under any program under title ,,iv1 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 that1 at a minimum1 includes-- 7#a7 the annual distribution to each student and employee of-- 7,a7 standards of conduct and the applicable sanctions that clearly prohibit1 at a minimum1 the acts or threats of violence1 property damage1 harassment1 intimidation1 or other crimes that specifically target an individual based on their race1 religion1 ethnicity1 handicap1 sexual orientation1 gender1 or gender identification by students and employees on the institution's property or as a part of any of the institution's activities2 7,b7 a clear definition of what constitutes a hate crime or hate incident under ,federal and ,state law or other applicable authority2 7,c7 a description of the applicable legal sanctions under local1 ,state1 or ,federal law for perpetrating a hate crime2 7,d7 a description of any counseling1 medical treatment1 or rehabilitation programs that are available to students or employees that are victims of hate crimes or other hate-based incidences2 7,e7 a description of applicable services for students to be able to switch dorms1 classes1 or make other arrangements should they feel unsafe in those spaces due to a hate crime which affects such space2 and 7,f7 a distinct statement that the institution will impose sanctions on students and employees 7consistent with local1 ,state1 and ,federal law71 and a description of those sanctions1 up to and including expulsion or termination of employment and referral for prosecution1 for violations of the standards of conduct required by subparagraph 7,a72 and 7#b7 a quadrennial review by the institution of the institution's program to-- 7,a7 determine the program's effectiveness and implement changes to the program if the changes are needed2 7,b7 determine the number of hate crimes and fatalities that-- 7i7 occur on the institution's campus 7as defined in section #dhe7;f77#f771 or as part of any of the institution's activities2 and 7ii7 are reported to campus officials or nonaffiliated local law enforcement agencies with jurisdiction over the incident2 7,c7 determine the number1 type1 and severity of sanctions described in paragraph 7#a77;,f7 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 activities2 and 7,d7 ensure that sanctions required by paragraph 7#a77;,f7 are consistently enforced4 7b7 ,information availability ,each institution of higher education that provides the certification required by subsection 7a7 shall1 upon request1 make available to the ,secretary and to the public a copy of each item required by subsection 7a77#a7 as well as the results of the biennial review required by subsection 7a77#b74 7#a7 ,regulations 7,a7 ,in general ,the ,secretary shall publish regulations to implement and enforce the provisions of this section1 including regulations that provide for-- 7i7 the periodic review of a representative sample of programs required by subsection 7a72 and 7ii7 a range of responses and sanctions for institutions of higher education that fail to implement their programs or to consistently enforce their sanctions1 including information and technical assistance1 the development of a compliance agreement1 and the termination of any form of ,federal financial assistance4 7,b7 ,inclusivity program ,the sanctions required by subsection 7a77#a77;,f7 that are imposed by the institution of higher education1 may include an inclusivity program as an explicit condition of remaining enrolled at the institution of higher education1 that the defendant successfully undertake educational classes or community service directly related to the community harmed by the respondent's offense4 7#b7 ,appeals ,upon determination by the ,secretary to terminate financial assistance to any institution of higher education under this section1 the institution may file an appeal with an administrative law judge before the expiration of the #cj-;day period beginning on the date such institution is notified of the decision to terminate financial assistance under this section4 ,such judge shall hold a hearing with respect to such termination of assistance before the expiration of the #de-;day period beginning on the date that such appeal is filed4 ,such judge may extend such #de-;day period upon a motion by the institution concerned4 ,the decision of the judge with respect to such termination shall be considered to be a final agency action4 7#c7 ,hate crime prevention and response grants 7,a7 ,program authority ,the ,secretary may make grants to institutions of higher education or consortia of such institutions1 and enter into contracts with such institutions1 consortia1 and other organizations1 to develop1 implement1 operate1 improve1 and disseminate programs of prevention1 and education to reduce and eliminate hate crimes4 ,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 training1 technical assistance1 evaluation1 dissemination1 and associated services and assistance to the higher education community as determined by the ,secretary and institutions of higher education4 7,b7 ,awards ,grants and contracts shall be awarded under subparagraph 7,a7 on a by needs basis4 7,c7 ,applications ,an institution of higher education or a consortium of such institutions that desires to receive a grant or contract under paragraph 7,a7 shall submit an application to the ,secretary at such time1 in such manner1 and containing or accompanied by such information as the ,secretary may reasonably require by regulation4 7,d7 ,additional requirements 7i7 ,participation ,in awarding grants and contracts under this subsection the ,secretary shall make every effort to ensure-- 7,i7 the equitable participation of private and public institutions of higher education 7including community and junior colleges72 and 7,,ii7 the equitable geographic participation of such institutions4 7ii7 ,consideration ,in awarding grants and contracts under this subsection the ,secretary shall give appropriate consideration to institutions of higher education with limited enrollment4 7,e7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this subsection such sums as may be necessary for fiscal year #bjbb and each of the #e succeeding fiscal years4 7#d7 ,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 race1 religion1 disability1 sexual orientation1 ethnicity1 gender1 or gender identity4 4 #ecdjd4 ,clery ,act amendments ,section #dhe7;f7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajib7;f77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,c7-- 7i7 by striking and at the end of clause 7ii72 7ii7 in clause 7iii7-- 7,i7 by striking encourage and inserting require2 7,,ii7 by inserting 1 including hate crimes1 after all crimes2 and 7,,iii7 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following3 7i7 policies encourage officer development training to specifically recognize1 prevent1 and respond to hate crimes4 2 and 7,b7 by adding at the end the following3 7,k7 ,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 #abd4 2 and 7#b7 in paragraph 7#f77;,a71 by adding at the end the following3 7vi7 ,the term hate crime has the meaning given the term in section #abd7;b77#d74 4 #ecdje4 ,program participation agreements ,section #dhg7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajid7;a77 is amended by adding at the end the following3 7#cj7 ,the institution will have hate crime prevention and response programs that the institution has determined to be accessible to any officer1 employee1 or student at the institution and which meets the requirements of section #abd4 4 #ecdjf4 ,accrediting agency recognition ,section #dif7;a77#e7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajii;b7a77#e77 is amended-- 7#a7 in subparagraph 7,i71 by striking and at the end2 7#b7 in subparagraph 7,j71 by inserting and after the semicolon2 and 7#c7 by inserting after subparagraph 7,j7 and before the flush text1 the following3 7,k7 safety objectives with respect to hate crimes 7defined in section #abd7;b77#d77 and the established measures and policies to combat such crimes2 4 ,,gg ,educators ,expense ,deduction ,modernization #eceja4 ,short title ,this subtitle may be cited as the ,educators ,expense ,deduction ,modernization ,act4 #ecejb4 ,increase in deduction for certain expenses of elementary and secondary school teachers 7a7 ,in general ,section #fb7;a77#b77;,d7 of the ,internal ,revenue ,code of #aihf is amended by striking #bej and inserting #ejj4 7b7 ,inflation adjustment ,section #fb7;d77#c7 of such ,code is amended to read as follows3 7#c7 ,inflation adjustment ,in the case of any taxable year beginning after #bjai1 the #ejj amount in subsection 7a77#b77;,d7 shall be increased by an amount equal to-- 7,a7 such dollar amount1 multiplied by 7,b7 the cost-of-living adjustment determined under section #a7;f77#c7 for the calendar year in which the taxable year begins1 determined by substituting calendar year #bjah for calendar year #bjaf in subparagraph 7,a77ii7 thereof4 4 7c7 ,effective date ,the amendments made by this section shall apply with respect to taxable years beginning ,december #ca1 #bjah4 ,,hh ,beyond the ,box for ,higher ,education #ecfja4 ,short title ,this subtitle may be cited as the ,beyond the ,box for ,higher ,education ,act of #bjbj4 #ecfjb4 ,findings ,congress finds the following3 7#a7 ,an estimated #gj1jjj1jjj ,americans have some type of arrest or conviction record that would appear in a criminal background check4 7#b7 ,each year1 more than #fjj1jjj people return to society from ,state or ,federal prison4 7#c7 ,nearly #aa1jjj1jjj ,americans are admitted to city and county jails each year1 with an average daily population of more than #gjj1jjj people4 7#d7 ,an estimated #b1ajj1jjj youth under the age of #ah are arrested every year in the ,united ,states4 7#e7 #a1gjj1jjj juvenile delinquency cases are disposed of in juvenile courts annually4 7#f7 ,juvenile records are not always confidential2 many ,states disclose information about youth involvement with the juvenile justice system or do not have procedures to seal or expunge juvenile records4 7#g7 ,the compounding effects of collateral consequences due to criminal justice involvement hinder the ability of individuals to reenter society successfully4 7#h7 ,people of color and low-income people are disproportionately impacted by the collateral consequences of criminal justice involvement4 7#i7 ,incarceration leads to decreased earnings1 unemployment1 and poverty4 7#aj7 ,upon reentry1 lower educational attainment1 a lack of work skills or history1 and the stigma of a criminal record can hinder a formerly incarcerated person's ability to return to their communities successfully4 7#aa7 ,one way to improve reentry outcomes is to increase educational opportunities for people with a criminal or juvenile justice history4 7#ab7 ,by reducing rearrests and reconvictions1 and by increasing educational attainment1 formerly incarcerated individuals are better situated to find stable employment1 contributing to their communities4 #ecfjc4 ,beyond the box for higher education ,part ,b of title ,i of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajaa et seq47 is amended by adding at the end the following3 #abd4 ,beyond the box for higher education 7a7 ,training and technical assistance 7#a7 ,in general ,the ,secretary1 acting through the ,office of ,policy1 ,planning1 and ,innovation of the ,office of ,postsecondary ,education of the ,department and with consultation from the ,department of ,justice and relevant community stakeholders1 shall issue guidance and recommendations for institutions of higher education to remove criminal and juvenile justice questions from their application for admissions process4 7#b7 ,guidance and recommendations ,the guidance and recommendations issued under paragraph 7#a7 shall include the following3 7,a7 ,if an institution of higher education collects criminal or juvenile justice information on applicants for admission1 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 application4 7,b7 ,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 process1 it is recommended that the institution comply with the following3 7i7 ,if criminal or juvenile justice questions are necessary for the other aspects of the institution's interactions with applicants1 identify those specific interactions in which it is appropriate to ask such questions4 7ii7 ,in nonadmissions interactions1 inquire about criminal or juvenile justice history transparently and clearly inform applicants as early as possible how to respond to the inquiry4 7iii7 ,in nonadmissions inquiries about criminal or juvenile justice history1 ensure the questions are specific and narrowly focused1 and make it clear that answering the questions may not negatively impact applicants' chances of enrollment4 7iv7 ,in nonadmissions inquiries about criminal or juvenile justice history1 give applicants the opportunity to explain criminal or juvenile justice involvement and preparedness for postsecondary study4 7v7 ,provide staff of the institution who have access to a prospective or current student's criminal or juvenile justice history1 the necessary and proper training on the effective use of criminal or juvenile justice history data1 including the problems associated with this information1 the types of supporting documents that may need to be obtained1 and the appropriate privacy protections that must be put in place4 7,c7 ,if an institution of higher education determines that it is necessary to inquire about the criminal or juvenile justice history of applicants for admission1 it is recommended that the institution comply with the following3 7i7 ,delay the request for1 or consideration of1 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 institution4 7ii7 ,provide notice and justification for applicants within #cj days if1 upon receiving information regarding applicants' criminal or juvenile justice involvement1 the admission to the institution is denied or rescinded based solely on the applicant's criminal or juvenile justice involvement4 7iii7 ,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 inquiry4 7iv7 ,ensure the questions are specific and narrowly focused4 7v7 ,give applicants the opportunity to explain criminal or juvenile justice involvement and preparedness for postsecondary study4 7vi7 ,provide admissions personnel1 registrars1 and any other relevant staff of the institution1 as well as any other staff that should have access to a prospective or current student's criminal or juvenile justice history1 the necessary and proper training on the effective use of criminal or juvenile justice history data1 including the biases or limitations associated with this information1 the types of supporting documents that may need to be obtained1 and the appropriate privacy protections that must be put in place4 7#c7 ,training and technical assistance 7,a7 ,in general ,the ,secretary1 acting through the ,office of ,postsecondary ,education of the ,department1 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 7#b74 7,b7 ,training ,the training described in subparagraph 7,a7 shall include-- 7i7 training for admissions and financial aid personnel and enrollment management staff of an institution of higher education to understand and evaluate an applicant if-- 7,i7 the institution makes a determination under paragraph 7#b77;,a7 to continue asking criminal or juvenile justice history questions in the admissions process2 or 7,,ii7 the institution makes a determination under paragraph 7#b77;,a7 to remove criminal or juvenile justice history questions in the admissions process1 but continues to make criminal or juvenile justice history inquiries in nonadmissions settings2 7ii7 training to ensure that if an institution does not ask criminal or juvenile justice history questions1 that proxy questions or factors are not used in lieu of criminal or juvenile justice history information2 7iii7 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 individuals2 7iv7 training for registrars1 academic counselors1 student housing staff1 student life staff1 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 student2 and 7v7 training for career counselors to ensure that students with involvement in the criminal or juvenile justice system are provided with targeted career guidance1 made aware of potential barriers to employment or licensure1 and provided assistance to respond to these barriers4 7b7 ,resource center ,the ,secretary shall develop a resource center that will serve as the repository for-- 7#a7 best practices as institutions of higher education develop and implement practices aligned with the recommendations described in subsection 7a77#b7 to ensure the successful educational outcomes of students with criminal or juvenile justice histories2 and 7#b7 supplemental research on criminal and juvenile justice-involved individuals and postsecondary education4 4 #ecfjd4 ,financial aid ,section #dhc7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajij7;a77 is amended by adding at the end the following3 7#ac7 ,restriction on question of conviction for possession or sale of illegal drugs ,notwithstanding any other provision of law1 the ,secretary shall not include on any form developed under this section1 a question about the conviction of an applicant for the possession or sale of illegal drugs4 4 ,,ii ,united ,states ,territories ,college ,access #ecgja4 ,short title ,this subtitle may be cited as the ,united ,states ,territories ,college ,access ,act4 #ecgjb4 ,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 education4 #ecgjc4 ,college access grants 7a7 ,grants 7#a7 ,in general 7,a7 ,allocation to outlying areas ,from the total amount appropriated under subsection 7n7 for a fiscal year1 the ,secretary shall allocate #be percent to each of the outlying areas to make grants to eligible institutions in accordance with subparagraph 7,b74 7,b7 ,grants to eligible institutions ,from the amount allocated to an outlying area under subparagraph 7,a7 for a fiscal year1 the ,governor of the outlying area shall carry out a program under which the ,governor awards grants to eligible institutions1 on behalf of each eligible student from the outlying area who is enrolled in such institution1 to pay the difference between-- 7i7 the base amount of tuition and fees charged to the eligible student2 and 7ii7 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 located4 7#b7 ,maximum student amounts ,the amount paid on behalf of an eligible student under this section shall be-- 7,a7 not more than #ae1jjj for any one award year 7as defined in section #dha of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhh772 and 7,b7 not more than #de1jjj in the aggregate4 7#c7 ,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 basis1 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 basis4 7b7 ,reduction for insufficient appropriations 7#a7 ,in general ,if the funds appropriated pursuant to subsection 7n7 for any fiscal year are insufficient to enable the ,governor of an outlying area to award a grant in the amount determined under subsection 7a7 on behalf of each eligible student from the outlying area enrolled in an eligible institution1 then the ,governor1 in consultation with the ,secretary1 shall-- 7,a7 first1 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 year2 and 7,b7 after making reductions under subparagraph 7,a71 ratably reduce the amount of the tuition and fee payments made on behalf of all other eligible students from the outlying area4 7#b7 ,adjustments ,the ,governor of an outlying area1 in consultation with the ,secretary1 may adjust the amount of tuition and fee payments made under paragraph 7#a7 based on-- 7,a7 the financial need of the eligible students to avoid undue hardship to the eligible students2 or 7,b7 undue administrative burdens on the ,governor4 7#c7 ,further adjustments ,notwithstanding paragraphs 7#a7 and 7#b71 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 students4 7c7 ,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 institution4 7d7 ,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 time1 in such manner1 and accompanied by such information as the eligible institution may require4 7e7 ,employment agreement 7#a7 ,in general ,except as provided in subsection 7f71 each application submitted under subsection 7d7 shall contain or be accompanied by an agreement by the applicant that the applicant will-- 7,a7 maintain full-time employment within the outlying area where the applicant was domiciled1 as described in subsection 7l77#c77;,a71 for a period of not less than #b years within the #d-year period after the date the applicant completes the course of study for which the applicant received grant assistance under this section2 and 7,b7 submit evidence of such employment in the form of a certification by the employer upon completion of each year of such employment4 7#b7 ,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 7#a71 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 7f7 and the policies and procedures under subsection 7h77#b74 7f7 ,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 7e71 the sum of the amounts of any such grant received by such student shall1 upon a determination of such a failure or refusal in such employment obligation1 be treated as a loan1 and shall be subject to repayment1 together with interest thereon accruing from the date of the grant award1 in accordance with terms and conditions specified by the ,governor through policies and procedures under subsection 7h77#b74 7g7 ,extenuating circumstances 7#a7 ,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 7e7 may be excused from fulfilling that portion of the employment obligation4 7#b7 ,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 #dhd7;c7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajia7;c771 the employment obligation in the agreement under subsection 7e7 shall begin once such recipient is no longer continuously enrolled4 7h7 ,administration of program 7#a7 ,in general ,each ,governor shall carry out the program authorized under this section in consultation with the ,secretary4 ,each ,governor may enter into a grant1 contract1 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 program4 7#b7 ,policies and procedures ,each ,governor1 in consultation with institutions of higher education eligible for participation in the program authorized under this section1 shall develop policies and procedures for the administration of the program4 7#c7 ,memorandum of agreement ,each ,governor and the ,secretary shall enter into a memorandum of agreement that describes-- 7,a7 the manner in which the ,governor shall consult with the ,secretary with respect to administering the program authorized under this section2 and 7,b7 any technical or other assistance to be provided to the ,governor by the ,secretary for purposes of administering the program 7which may include access to the information in the common financial reporting form developed under section #dhc of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajij774 7i7 ,governor's report ,each ,governor shall report to the authorizing committees annually regarding-- 7#a7 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 students2 7#b7 the extent1 if any1 to which a ratable reduction was made in the amount of tuition and fee payments made on behalf of eligible students from the outlying area2 7#c7 the progress in obtaining recognized academic credentials of the cohort of eligible students from the outlying area for each year2 and 7#d7 the number of eligible students whose grant assistance under this section has been converted to a loan1 and the repayment of such loans4 7j7 ,,gao report ,beginning on the date of enactment of this section1 the ,comptroller ,general of the ,united ,states shall monitor the effect of the program authorized under this section on educational opportunities for eligible students4 ,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 institutions1 and shall expeditiously report any findings regarding such difficulty to the authorizing committees4 ,in addition1 the ,comptroller ,general shall-- 7#a7 analyze the extent to which there are an insufficient number of eligible institutions to which students from outlying areas can gain admission1 including admission aided by assistance provided under this section1 due to-- 7,a7 caps on the number of out-of-,state students the institution will enroll2 7,b7 significant barriers imposed by academic entrance requirements 7such as grade point average and standardized scholastic admissions tests72 and 7,c7 absence of admission programs benefitting minority students2 and 7#b7 report the findings of the analysis described in paragraph 7#a7 to the authorizing committees4 7k7 ,general requirements 7#a7 ,personnel ,the ,secretary shall arrange for the assignment of an individual1 pursuant to subchapter ,,vi of chapter #cc of title #e1 ,united ,states ,code1 to serve as an adviser to each ,governor with respect to the program authorized under this section4 7#b7 ,administrative expenses ,each ,governor may use not more than #e 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 year4 7#c7 ,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 #aigh 7#e ,u4,s4,c4 ,app474 7#d7 ,gifts ,each ,governor may accept1 use1 and dispose of donations of services or property for purposes of carrying out this section4 7#e7 ,maximum student amount adjustments ,each ,governor shall establish rules to adjust the maximum student amounts described in subsection 7a77#b77;,b7 for eligible students who transfer between the eligible institutions4 7l7 ,definitions ,in this section3 7#a7 ,authorizing committees ,the term authorizing committees has the meaning given the term in section #ajc of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjc74 7#b7 ,eligible institution ,the term eligible institution means an institution that-- 7,a7 is a public #d-year institution of higher education located in one of the several ,states of the ,united ,states1 the ,district of ,columbia1 or the ,commonwealth of ,puerto ,rico2 7,b7 is eligible to participate in the student financial assistance programs under title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj et seq472 and 7,c7 enters into an agreement with a ,governor containing such terms and conditions as the ,governor and institution may jointly specify1 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 students4 7#c7 ,eligible student ,the term eligible student means an individual who-- 7,a7 was domiciled in the outlying area from which a grant is sought under this section for not less than the #ab consecutive months preceding the commencement of the freshman year of the individual at an institution of higher education2 7,b7 graduated from a secondary school in such outlying area1 or received the recognized equivalent of a secondary school diploma while domiciled in such outlying area1 on or after ,january #a1 #bjae2 7,c7 begins the individual's undergraduate course of study within the #c calendar years 7excluding any period of service on active duty in the ,armed ,forces1 or service under the ,peace ,corps ,act 7#bb ,u4,s4,c4 #beja et seq47 or subtitle ,c of title ,i of the ,national and ,community ,service ,act of #aiij 7#db ,u4,s4,c4 #abega et seq477 of graduation from a secondary school1 or obtaining the recognized equivalent of a secondary school diploma2 7,d7 is enrolled or accepted for enrollment1 on at least a half-time basis1 in a baccalaureate degree or other program 7including a program of study abroad approved for credit by the eligible institution at which such student is enrolled7 leading to a recognized educational credential at an eligible institution2 7,e7 if enrolled in an eligible institution1 is maintaining satisfactory progress in the course of study the student is pursuing in accordance with section #dhd7;c7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajia7;c772 7,f7 while enrolled in an eligible institution1 maintains the outlying area where the applicant was domiciled pursuant to subparagraph 7,a7 as the individual's principal place of residence for purposes of the laws of such outlying area2 and 7,g7 has not completed the individual's first undergraduate baccalaureate degree course of study4 7#d7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 7#e7 ,governor ,the term ,governor means-- 7,a7 the ,governor of the ,united ,states ,virgin ,islands1 with respect to the grants authorized to be made by such ,governor under subsection 7a72 7,b7 the ,governor of the ,commonwealth of the ,northern ,mariana ,islands1 with respect to the grants authorized to be made by such ,governor under subsection 7a72 7,c7 the ,governor of ,guam1 with respect to the grants authorized to be made by such ,governor under subsection 7a72 and 7,d7 the ,governor of ,american ,samoa1 with respect to the grants authorized to be made by such ,governor under subsection 7a74 7#f7 ,outlying area ,the term outlying area means any of those insular areas specified under section #haja7cf77;,a7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja7cf77;,a774 7#g7 ,secondary school ,the term secondary school has the meaning given the term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#h7 ,secretary ,the term ,secretary means the ,secretary of ,education4 7#i7 ,state ,except as used in paragraph 7#b77;,a71 the term ,state has the meaning given the term in section #ajc of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjc74 7m7 ,effective date ,this section shall take effect with respect to payments for periods of instruction that begin on or after ,january #a1 #bjba4 7n7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section #dj1jjj1jjj for each of the fiscal years #bjbb through #bjbg1 and such sums as may be necessary for each of the succeeding fiscal years4 ,such funds shall remain available until expended4 ,,jj ,relief from ,excessive ,debt #ecija4 ,short title ,this subtitle may be cited as the ,relief from ,excessive ,debt ,act or the ,,red ,act4 #ecijb4 ,exception to discharge ,section #ebc7;a7 of title #aa1 ,united ,states ,code1 is amended-- 7#a7 by striking paragraph 7#h72 and 7#b7 by redesignating paragraphs 7#i7 through 7#ad;,b7 as paragraphs 7#h7 through 7#ad;,a71 respectively4 #ecijc4 ,conforming amendments ,title #aa1 ,united ,states ,code1 is amended-- 7#a7 in section #gjd7;c77#a77;,c77iv77,i7 by striking 7#ad;,a7 and inserting 7#ad72 7#b7 in section #aajf7;c77#a77;,c77iv77,i7 by striking 7#ad;,a7 and inserting 7#ad72 7#c7 in section #abjb7;c77#a77;,c77iv77,i7 by striking 7#ad;,a7 and inserting 7#ad72 and 7#d7 in section #acbh7;a77#b7 by striking 7#h71 or 7#i7 and inserting or 7#h74 #ecijd4 ,effective date2 application of amendments 7a7 ,effective date ,except as provided in subsection 7b71 this subtitle and the amendments made by this subtitle shall take effect on the date of the enactment of this ,act4 7b7 ,application of amendments ,the amendments made by this subtitle shall apply only with respect to cases commenced under title #aa of the ,united ,states ,code on or after the date of the enactment of this ,act4 ,,kk ,ending ,punitive1 ,unfair1 ,school-based ,harm that is ,overt and ,unresponsive to ,trauma #edjja4 ,short title ,this subtitle may be cited as the ,ending ,punitive1 ,unfair1 ,school-based ,harm that is ,overt and ,unresponsive to ,trauma ,act of #bjbj or the ,ending ,,pushout ,act of #bjbj4 #edjjb4 ,purpose ,it is the purpose of this subtitle to-- 7#a7 strengthen data collection related to exclusionary discipline practices in schools and the discriminatory application of such practices1 which disproportionately impacts students of color1 particularly girls of color2 7#b7 eliminate the discriminatory use and overuse of exclusionary discipline practices based on actual or perceived race1 ethnicity1 color1 national origin1 sex 7including sexual orientation1 gender identity1 pregnancy1 childbirth1 a medical condition related to pregnancy or childbirth1 or other stereotype related to sex71 or disability2 and 7#c7 prevent the criminalization and pushout of students from school1 especially ,black and brown girls1 as a result of educational barriers that include discrimination1 punitive discipline policies and practices1 and a failure to recognize and support students with mental health needs or experiencing trauma4 #edjjc4 ,strengthening civil rights data collection with respect to exclusionary discipline in schools 7a7 ,in general ,the ,assistant ,secretary for ,civil ,rights shall annually carry out data collection authorized under section #bjc7;c77#a7 of the ,department of ,education ,organization ,act 7#bj ,u4,s4,c4 #cdac7;c77#a771 which shall include data with respect to students enrolled in a public preschool1 elementary1 or secondary school 7including traditional public1 charter1 virtual1 special education school1 and alternative schools7 who received the following disciplinary actions during the preceding school year3 7#a7 ,suspension 7including the classification of the suspension as in-school suspension or out-of-school suspension71 which shall include data with respect to-- 7,a7 the number of students who were suspended2 7,b7 the number and length of suspensions each such student received2 7,c7 the reason for each such suspension1 including-- 7i7 a violation of a zero-tolerance policy and whether such violation was due to a violent or nonviolent offense2 7ii7 a violation of an appearance or grooming policy2 7iii7 an act of insubordination2 7iv7 willful defiance2 and 7v7 a violation of a school code of conduct2 and 7,d7 the number of days of lost instruction due to each out-of-school suspension4 7#b7 ,expulsion1 which shall include data with respect to-- 7,a7 the number of students who were expelled2 and 7,b7 the reason for each such expulsion1 including-- 7i7 a violation of a zero-tolerance policy and whether such violation was due to a violent or nonviolent offense2 7ii7 a violation of an appearance or grooming policy2 7iii7 an act of insubordination1 willful defiance1 or violation of a school code of conduct2 and 7iv7 the use of profane or vulgar language4 7#c7 ,the number of students subject to an out-of-school transfer to a different school1 including a virtual school1 and if so1 the primary reason for each such transfer4 7#d7 ,the number of students subject to a referral to law enforcement1 including the primary reason for each such referral1 and whether such referral resulted in an arrest4 7b7 ,report 7#a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary1 acting through the ,assistant ,secretary for ,civil ,rights1 shall submit to ,congress a report on the data collected under subsection 7a74 7#b7 ,requirements ,the report required under paragraph 7#a7 shall-- 7,a7 identify1 with respect to the data collected under subsection 7a71 schools1 local educational agencies1 and ,states that demonstrate1 in the opinion of the ,secretary1 the overuse and discriminatory use of exclusionary disciplinary practices2 7,b7 be disaggregated and cross tabulated by-- 7i7 enrollment in a preschool or in an elementary school and secondary school by grade level2 7ii7 race2 7iii7 ethnicity2 7iv7 sex 7including1 to the extent possible1 sexual orientation and gender identity72 7v7 low-income status2 7vi7 disability status 7including students eligible for disability under the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adja et4 seq47 or section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid772 7vii7 ,english learner status2 7viii7 ,tribal citizenship or descent1 in the first or second degree1 of an ,indian ,tribe2 and 7ix7 if applicable1 pregnant and parenting student status2 7,c7 be publicly accessible in multiple languages1 accessibility formats1 and provided in a language that parents1 family1 and community members can understand2 and 7,d7 be presented in a manner that protects the privacy of individuals consistent with the requirements of section #ddd of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb;g71 commonly known as the ,family ,educational ,rights and ,privacy ,act of #aigd4 #edjjd4 ,grants to reduce exclusionary school discipline practices 7a7 ,in general ,the ,secretary shall award grants 7which shall be known as the ,healing ,school ,climate ,grants71 on a competitive basis1 to eligible entities for the purpose of reducing the overuse and discriminatory use of exclusionary discipline practices in schools4 7b7 ,application ,an eligible entity seeking a grant under this section shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require1 including an assurance that the eligible entity shall prioritize schools with the highest rates of suspensions and expulsions4 7c7 ,program requirement ,an eligible entity that receives a grant under subsection 7a7 shall prohibit the use of-- 7#a7 out-of-school suspension or expulsion for any student in preschool through grade #e for incidents that do not involve serious bodily injury2 7#b7 out-of-school suspension or expulsion for any student in preschool through grade #ab for insubordination1 willful defiance1 vulgarity1 truancy1 tardiness1 chronic absenteeism1 or as a result of a violation of a grooming or appearance policy2 7#c7 corporal punishment2 7#d7 mechanical and chemical restraints of students2 7#e7 physical restraints of students1 except in situations involving imminent danger of serious physical harm2 and 7#f7 seclusion4 7d7 ,use of funds 7#a7 ,required uses ,an eligible entity that receives a grant under this section shall use funds to-- 7,a7 evaluate the current discipline policies of a school and1 in partnership with students 7including girls of color71 the family members of students1 and the local community of such school1 develop discipline policies for such school to ensure that such policies are not exclusionary or discriminately applied toward students2 7,b7 provide training and professional development for teachers1 principals1 school leaders1 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 practices1 including training in-- 7i7 identifying and providing support to students who may have experienced or are at risk of experiencing trauma or have other mental health needs2 7ii7 administering and responding to assessments on adverse childhood experiences2 7iii7 providing student-centered1 trauma-informed positive behavior management intervention and support that creates safe and supportive school climates2 7iv7 using restorative practices2 7v7 using culturally and linguistically responsive intervention strategies2 7vi7 developing social and emotional learning competencies2 and 7vii7 increasing student engagement and improving dialogue between students and teachers2 7,c7 implement evidence-based alternatives to suspension or expulsion1 including-- 7i7 multi-tier systems of support1 such as schoolwide positive behavioral interventions and supports2 7ii7 social1 emotional1 and academic learning strategies designed to engage students and avoid escalating conflicts2 and 7iii7 other data-driven approaches to improving school environments2 7,d7 improve behavioral and academic outcomes for students by creating a safe and supportive learning environment and school climate1 which may include-- 7i7 restorative practices with respect to improving relationships among students1 school officials1 and members of the local community1 which may include partnering with local mental health agencies or nonprofit organizations2 7ii7 access to mentors and peer-based support programs2 7iii7 extracurricular programs1 including sports and art programs2 7iv7 social and emotional learning strategies designed to engage students and avoid escalating conflicts2 7v7 access to counseling1 mental health programs1 and trauma-informed care programs1 including suicide prevention programs2 and 7vi7 access to culturally responsive curricula that affirms the history and contributions of traditionally marginalized people and communities2 7,e7 hire social workers1 school counselors1 trauma-informed care personnel1 and other mental health personnel2 and 7,f7 support the development1 delivery1 and analysis of school climate surveys4 7#b7 ,prohibited uses ,an eligible entity that receives a grant under this section may not use funds to-- 7,a7 hire or retain law enforcement personnel1 including school resource officers2 7,b7 purchase1 maintain1 or install surveillance equipment1 including metal detectors or software programs that monitor or mine the social media use or technology use of students2 7,c7 arm teachers1 principals1 school leaders1 or other school personnel2 and 7,d7 enter into formal or informal partnerships or data and information sharing agreements with-- 7i7 the ,secretary of ,homeland ,security1 including agreements with ,u4,s4 ,immigration and ,customs ,enforcement or ,u4,s4 ,customs and ,border ,protection2 or 7ii7 local law enforcement agencies1 including partnerships that allow for hiring of school-based police and school resource officers4 7e7 ,technical assistance ,the ,secretary1 in carrying out subsection 7a71 may reserve not more than #b percent of funds to provide technical assistance to eligible entities1 which may include-- 7#a7 support for data collection1 compliance1 and analysis of the activities of the program authorized under subsection 7a72 and 7#b7 informational meetings and seminars with respect to the application process under subsection 7b74 7f7 ,eligible entities ,in this section1 the term eligible entity means-- 7#a7 #a or more local educational agencies 7who may be partnered with a ,state educational agency71 including a public charter school that is a local educational agency under ,state law or local educational agency operated by the ,bureau of ,indian ,education2 or 7#b7 a nonprofit organization 7defined as an organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code1 which is exempt from taxation under section #eja7;a7 of such ,code7 with a track record of success in improving school climates and supporting students4 #edjje4 ,joint task force to end school pushout of girls of color 7a7 ,establishment ,the ,secretary and the ,secretary of ,health and ,human ,services shall establish and operate a joint task force to end school pushout 7in this section referred to as the ,joint ,task ,force74 7b7 ,composition 7#a7 ,chairs ,the ,secretary and the ,secretary of ,health and ,human ,services shall chair the ,joint ,task ,force4 7#b7 ,members ,the ,joint ,task ,force shall be composed of-- 7,a7 ,native ,american girls2 7,b7 students1 including ,black and brown girls2 7,c7 teachers2 7,d7 parents with children in school2 7,e7 school officials2 7,f7 representatives from civil rights and disability organizations2 7,g7 psychologists1 social workers1 trauma-informed personnel1 and other mental health professionals2 and 7,h7 researchers with experience in behavioral intervention4 7#c7 ,advisory members ,in addition to the members under paragraph 7#b71 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 ,force4 7#d7 ,member appointment ,not later than #fj days after the date of the enactment of this ,act1 the ,secretary and the ,secretary of ,health and ,human ,services shall appoint the members of the ,joint ,task ,force-- 7,a7 in accordance with paragraph 7#b72 7,b7 using a competitive application process2 and 7,c7 with consideration to the racial1 ethnic1 gender1 and geographic diversity of the ,joint ,task ,force4 7c7 ,study and recommendations ,the ,joint ,task ,force shall-- 7#a7 conduct a study to-- 7,a7 identify best practices for reducing the overuse and discriminatory use of exclusionary discipline practices2 and 7,b7 determine to what extent exclusionary discipline practices contribute to the criminalization of-- 7i7 girls of color2 7ii7 ,english learners2 7iii7 ,native ,american girls2 7iv7 students who identify as lesbian1 gay1 bisexual1 transgender1 queer1 or questioning2 and 7v7 students with disabilities2 and 7#b7 develop recommendations based on the study conducted under paragraph 7#a74 7d7 ,report ,not later than #cfj days after the date of the enactment of this ,act1 and biannually thereafter1 the ,secretary and the ,secretary of ,health and ,human ,services shall submit to ,congress a report on the recommendations under subsection 7c77#b74 #edjjf4 ,authorization of appropriation 7a7 ,in general ,there is authorized to be appropriated #ejj1jjj1jjj for each of fiscal years #bjbb through #bjbf to carry out sections #edjjd and #edjje4 7b7 ,additional funding to the ,office for ,civil ,rights ,there is authorized to be appropriated #ejj1jjj1jjj for fiscal year #bjbb through #bjbf1 and each fiscal year thereafter1 to carry out section #edjjc4 #edjjg4 ,definitions ,in this subtitle3 7#a7 ,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 official4 7#b7 ,appearance or grooming policy ,the term appearance or grooming policy means any practice1 policy1 or portion of a student conduct code that governs or restricts the appearance of students1 including policies that-- 7,a7 restrict or prescribe clothing that a student may wear 7such as hijabs1 headwraps1 or bandanas72 7,b7 restrict specific hair styles 7such as braids1 locks1 twists1 bantu knots1 cornrows1 extensions1 or afros72 or 7,c7 restrict whether or how a student may apply make-up1 nail polish1 or other cosmetics4 7#c7 ,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-- 7,a7 prescribed by a licensed physician1 or other qualified health professional acting under the scope of the professional's authority under ,state law1 for the standard treatment of a student's medical or psychiatric condition2 and 7,b7 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 law4 7#d7 ,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 school4 7#e7 ,disability ,the term disability means a mental or physical disability that meets the conditions set forth in clauses 7i7 and 7ii7 of section #fjb7c77;,a7 of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adja7c77;,a77i7 and 7ii774 7#f7 ,elementary and ,secondary ,education ,act terms ,the terms elementary school1 ,english learner1 local educational agency1 secondary school1 and ,state educational agency has the meanings given such terms in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#g7 ,gender identity ,the term gender identity means the gender-related identity1 appearance1 mannerisms1 or other gender-related characteristics of an individual regardless of the designated sex at birth of the individual4 7#h7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #d7;e7 of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd7;e774 7#i7 ,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 official4 7#aj7 ,mechanical restraint ,the term mechanical restraint has the meaning given the term in section #eie7;d77#a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;jj7d77#a771 except that the meaning shall be applied by substituting student for resident4 7#aa7 ,multi-tier system of supports ,the term multi-tier system of supports means a comprehensive continuum of evidence-based1 systemic practices to support a rapid response to the needs of students1 with regular observation to facilitate data-based instructional decision making4 7#ab7 ,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 setting1 including a home or behavior center1 regardless of whether such disciplinary removal is deemed as a suspension by school officials4 7#ac7 ,physical escort ,the term physical escort has the meaning given the term in section #eie7;d77#b7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;jj7d77#b771 except that the meaning shall be applied by substituting student for resident4 7#ad7 ,physical restraint ,the term physical restraint means a personal restriction that immobilizes or reduces the ability of an individual to move the individual's arms1 legs1 torso1 or head freely1 except that such term does not include a physical escort1 mechanical restraint1 or chemical restraint4 7#ae7 ,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 students4 7#af7 ,pushout ,the term pushout means an instance when a student leaves elementary1 middle or secondary school1 including a forced transfer to another school1 prior to graduating secondary school due to overuse of exclusionary discipline practices1 failure to address trauma or other mental health needs1 discrimination1 or other educational barriers that do not support or promote the success of a student4 7#ag7 ,school official ,the term school official means a teacher1 school principal1 administrator1 or other personnel engaged in the performance of duties with respect to a school4 7#ah7 ,seclusion ,the term seclusion means the involuntary confinement of a student alone in a room or area where the student is physically prevented from leaving1 and does not include a time out4 7#ai7 ,secretary ,the term ,secretary means the ,secretary of ,education4 7#bj7 ,serious bodily injury ,the term serious bodily injury has the meaning given that term in section #acfe7;h77#c7 of title #ah1 ,united ,states ,code4 7#ba7 ,sexual orientation ,the term 8sexual orientation0 means homosexuality1 heterosexuality1 or bisexuality4 7#bb7 ,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 #fjb7c77;,a77i7 of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adja7c77;,a77i77 or are subject to section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid74 7#bc7 ,time out ,the term time out has the meaning given the term in section #eie7;d77#e7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;jj7d77#e771 except that the meaning shall be applied by substituting 8student0 for 8resident04 7#bd7 ,zero-tolerance policy ,the term zero-tolerance policy is a school discipline policy that results in an automatic disciplinary consequence1 including out-of-school suspension1 expulsion1 and involuntary school transfer4 ,,ll ,building ,resources ,into ,digital ,growth and ,education #edaja4 ,short title ,this subtitle may be cited as the ,building ,resources ,into ,digital ,growth and ,education ,act of #bjbj or the ,,bridge ,act of #bjbj4 #edajb4 ,establishment of program ,the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ija et seq47 is amended by adding at the end the following3 ,d ,digital ,network ,technology ,program #aga4 ,program authorized ,the ,secretary shall establish1 within the ,technology ,opportunities ,program of the ,,ntia1 a digital network technology program through which the ,secretary awards grants1 cooperative agreements1 and contracts to eligible institutions to assist such institutions in acquiring1 and augmenting use by such institutions of1 broadband internet access service to improve the quality and delivery of educational services provided by such institutions4 #agb4 ,activities supported ,an eligible institution shall use a grant1 contract1 or cooperative agreement awarded under this part-- 7#a7 to acquire broadband internet access service1 digital network technology1 and infrastructure to further the objective of the program described in section #aga2 7#b7 to develop and provide training1 education1 and professional development programs1 including faculty development1 to increase the use of1 and usefulness of1 broadband internet access service2 7#c7 to provide teacher education1 including the provision of preservice teacher training and in-service professional development at eligible institutions1 library and media specialist training1 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 process1 including instruction in science1 mathematics1 engineering1 and technology subjects2 7#d7 to obtain capacity-building technical assistance1 including through remote technical support1 technical assistance workshops1 and distance learning services2 7#e7 to foster the use of broadband internet access service to improve research and education1 including scientific1 mathematics1 engineering1 and technology instruction2 or 7#f7 to create or support centers at the eligible institution designed to support innovation1 opportunity1 and advancement for entrepreneurs and start-ups4 #agc4 ,application and review procedures 7a7 ,in general ,to be eligible to receive a grant1 contract1 or cooperative agreement under this part1 an eligible institution shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require4 ,such application1 at a minimum1 shall include a description of how the funds will be used1 including a description of any digital network technology to be acquired1 and a description of how the institution will ensure that broadband internet access service will be made accessible to1 and employed by1 students1 faculty1 and administrators4 ,the ,secretary1 in consultation with the advisory council established under subsection 7b7 and consistent with subsection 7c71 shall establish procedures to review such applications4 ,the ,secretary shall publish the application requirements and review criteria in the ,federal ,register1 along with a statement describing the availability of funds4 7b7 ,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 part1 and on the procedures to review applications submitted to the program4 ,in selecting the members of the advisory council1 the ,secretary shall consult with representatives of appropriate organizations1 including representatives of eligible institutions1 to ensure that the membership of the advisory council includes representatives of minority businesses and eligible institution communities4 ,the ,secretary shall also consult with experts in digital network technology to ensure that such expertise is represented on the advisory council4 7c7 ,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 proposal1 including the extent to which the eligible institution can effectively and successfully utilize the proposed grant1 cooperative agreement1 or contract to carry out the objective of the program described in section #aga4 ,the ,secretary shall ensure that the review panels include representatives of eligible institutions and others who are knowledgeable about eligible institutions and technology issues4 ,the ,secretary shall ensure that no individual assigned under this subsection to review any application has a conflict of interest with regard to that application4 ,the ,secretary shall take into consideration the recommendations of the review panel in determining whether to award a grant1 cooperative agreement1 or contract to an eligible institution4 #agd4 ,awards 7a7 ,limitation ,an eligible institution that receives a grant1 cooperative agreement1 or contract under this part that exceeds #b1ejj1jjj shall not be eligible to receive another grant1 cooperative agreement1 or contract under this part4 7b7 ,consortia ,grants1 cooperative agreements1 and contracts under this part may only be awarded to eligible institutions4 ,eligible institutions may seek funding under this part for consortia1 which may include other eligible institutions1 ,states or ,state educational agencies1 local educational agencies1 institutions of higher education1 community-based organizations1 national nonprofit organizations1 or businesses1 including minority businesses4 7c7 ,coordination and partnership with private providers ,in seeking funding under this part1 eligible institutions are encouraged1 where feasible1 to coordinate and partner with qualified private providers of the services and activities supported under section #agb4 7d7 ,institutional diversity ,in awarding grants1 cooperative agreements1 and contracts under this part to eligible institutions1 the ,secretary shall ensure1 to the extent practicable1 that awards are made to all types of institutions eligible for assistance under this part4 7e7 ,need ,in awarding grants1 cooperative agreements1 and contracts under this part1 the ,secretary shall give priority to the eligible institution with the greatest demonstrated need for assistance4 #age4 ,information dissemination ,the ,secretary shall convene an annual meeting of eligible institutions receiving grants1 cooperative agreements1 or contracts under this part to foster collaboration and capacity-building activities among eligible institutions4 #agf4 ,matching requirement ,the ,secretary may not award a grant1 contract1 or cooperative agreement to an eligible institution under this part unless such institution agrees that1 with respect to the costs to be incurred by the institution in carrying out the program for which the grant1 contract1 or cooperative agreement was awarded1 such institution will make available 7directly or through donations from public or private entities7 non-,federal contributions in an amount equal to #be percent of the amount of the grant1 contract1 or cooperative agreement awarded by the ,secretary1 or #ejj1jjj1 whichever is the lesser amount4 ,the ,secretary shall waive the matching requirement for any institution or consortium that1 as of the date of the submission of the application for the grant1 contract1 or cooperative agreement1 has no endowment or an endowment the value of which is less than #ej1jjj1jjj4 #agg4 ,annual report and evaluation 7a7 ,annual report required from recipients ,each eligible institution that receives a grant1 contract1 or cooperative agreement under this part shall provide an annual report to the ,secretary on its use of the grant1 contract1 or cooperative agreement4 7b7 ,independent assessments 7#a7 ,contract to conduct assessments ,not later than #f months after the date of the enactment of this part1 the ,secretary shall enter into a contract with the ,national ,academy of ,public ,administration to conduct periodic assessments of the program established under this part4 ,the assessments shall be conducted once every #c years during the #aj-year period following the date of the enactment of this part4 7#b7 ,evaluations and recommendations ,the assessments described in paragraph 7#a7 shall include-- 7,a7 an evaluation of the effectiveness of the program established under this part in improving the education and training of students1 faculty1 and staff at eligible institutions that have been awarded grants1 cooperative agreements1 or contracts under this part2 7,b7 an evaluation of the effectiveness of the program in improving access to1 and familiarity with1 digital network technology and broadband internet access service for students1 faculty1 and staff at all eligible institutions2 7,c7 an evaluation of the procedures established under section #agc7;a72 and 7,d7 recommendations for improving the program1 including recommendations concerning the continuing need for ,federal support4 7#c7 ,review of reports ,in carrying out the assessments under this subsection1 the ,national ,academy of ,public ,administration shall review the reports submitted to the ,secretary under subsection 7a74 7c7 ,report to ,congress ,upon completion of each assessment under subsection 7b71 the ,secretary shall transmit the assessment to ,congress along with a summary of the plans of the ,secretary1 if any1 to implement the recommendations of the ,national ,academy of ,public ,administration4 4 #edajc4 ,definitions ,section #ajb7;a7 of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ija7;a77 is amended by adding at the end the following3 7#f7 ,the term eligible institution means-- 7,a7 an institution of higher education that is-- 7i7 an institution described in section #cga7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7a772 7ii7 an institution described in section #cbf7;e77#a7 of such ,act 7#bj ,u4,s4,c4 #ajfc;b7e77#a772 7iii7 a minority institution 7as defined in section #cfe of such ,act 7#bj ,u4,s4,c4 #ajfgk77 that has an enrollment of needy students 7as defined in section #cab7;d7 of such ,act 7#bj ,u4,s4,c4 #ajeh7;d7772 or 7iv7 an institution determined by the ,secretary1 in consultation with the ,secretary of ,education1 to have a substantial enrollment of minority students who are eligible to receive ,federal ,pell ,grants under subpart #a of part ,a of title ,,iv of such ,act 7#bj ,u4,s4,c4 #ajgj;a et seq472 or 7,b7 a consortium of institutions described in subparagraph 7,a74 7#g7 ,the term digital network technology means computer and communications equipment and software that facilitates the transmission of information in a digital format4 7#h7 ,the term minority means an ,american ,indian1 ,alaskan ,native1 ,black 7not of ,hispanic origin71 ,hispanic 7including persons of ,mexican1 ,puerto ,rican1 ,cuban1 and ,central or ,south ,american origin71 or ,pacific ,islander individual4 7#i7 ,the term ,state has the meaning given such term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#aj7 ,the term ,state educational agency has the meaning given such term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#aa7 ,the term institution of higher education has the meaning given such term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 7#ab7 ,the term local educational agency has the meaning given such term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#ac7 ,the term broadband internet access service means a mass-market retail service by wire or radio that provides the capability to transmit data to1 and receive data from1 all or substantially all internet endpoints1 including any capabilities that are incidental to1 and enable the operation of1 the communications service1 but excluding dial-up internet access service4 ,such term also includes any service the ,commission finds to be providing a functional equivalent of such service4 4 ,,mm ,supporting ,trauma-,informed ,education ,practices #edcja4 ,short title ,this subtitle may be cited as the ,supporting ,trauma-,informed ,education ,practices ,act of #bjbj4 #edcjb4 ,grants to improve trauma support services and mental health care for children and youth in educational settings 7a7 ,grants1 contracts1 and cooperative agreements authorized ,the ,secretary1 in coordination with the ,assistant ,secretary for ,mental ,health and ,substance ,use1 is authorized to award grants to1 or enter into contracts or cooperative agreements with1 ,state educational agencies1 local educational agencies1 ,indian ,tribes 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act7 or their tribal educational agencies1 a school operated by the ,bureau of ,indian ,education1 a ,regional ,corporation1 or a ,native ,hawaiian educational organization1 for the purpose of increasing student access to evidence-based trauma support services and mental health care by developing innovative initiatives1 activities1 or programs to link local school systems with local trauma-informed support and mental health systems1 including those under the ,indian ,health ,service4 7b7 ,duration ,with respect to a grant1 contract1 or cooperative agreement awarded or entered into under this section1 the period during which payments under such grant1 contract1 or agreement are made to the recipient may not exceed #d years4 7c7 ,use of funds ,an entity that receives a grant1 contract1 or cooperative agreement under this section shall use amounts made available through such grant1 contract1 or cooperative agreement for evidence-based activities1 which shall include any of the following3 7#a7 ,collaborative efforts between school-based service systems and trauma-informed support and mental health service systems to provide1 develop1 or improve prevention1 screening1 referral1 and treatment and support services to students1 such as providing trauma screenings to identify students in need of specialized support4 7#b7 ,to implement schoolwide positive behavioral interventions and supports1 or other trauma-informed models of support4 7#c7 ,to provide professional development to teachers1 teacher assistants1 school leaders1 specialized instructional support personnel1 and mental health professionals that-- 7,a7 fosters safe and stable learning environments that prevent and mitigate the effects of trauma1 including through social and emotional learning2 7,b7 improves school capacity to identify1 refer1 and provide services to students in need of trauma support or behavioral health services2 or 7,c7 reflects the best practices for trauma-informed identification1 referral1 and support developed by the ,interagency ,task ,force on ,trauma-,informed ,care4 7#d7 ,services at a full-service community school that focuses on trauma-informed supports1 which may include a full-time site coordinator1 or other activities consistent with section #dfbe of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gbge74 7#e7 ,engaging families and communities in efforts to increase awareness of child and youth trauma1 which may include sharing best practices with law enforcement regarding trauma-informed care and working with mental health professionals to provide interventions1 as well as longer term coordinated care within the community for children and youth who have experienced trauma and their families4 7#f7 ,to provide technical assistance to school systems and mental health agencies4 7#g7 ,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 care4 7#h7 ,to establish partnerships with or provide subgrants to ,head ,start agencies 7including ,early ,head ,start agencies71 public and private preschool programs1 child care programs 7including home-based providers71 or other entities described in subsection 7a71 to include such entities described in this paragraph in the evidence-based trauma initiatives1 activities1 support services1 and mental health systems established under this section in order to provide1 develop1 or improve prevention1 screening1 referral1 and treatment and support services to young children and their families4 7d7 ,applications ,to be eligible to receive a grant1 contract1 or cooperative agreement under this section1 an entity described in subsection 7a7 shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may reasonably require1 which shall include the following3 7#a7 ,a description of the innovative initiatives1 activities1 or programs to be funded under the grant1 contract1 or cooperative agreement1 including how such program will increase access to evidence-based trauma support services and mental health care for students1 and1 as applicable1 the families of such students4 7#b7 ,a description of how the program will provide linguistically appropriate and culturally competent services4 7#c7 ,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 learning4 7#d7 ,an assurance that-- 7,a7 persons providing services under the grant1 contract1 or cooperative agreement are adequately trained to provide such services2 and 7,b7 teachers1 school leaders1 administrators1 specialized instructional support personnel1 representatives of local ,indian ,tribes or tribal organizations as appropriate1 other school personnel1 and parents or guardians of students participating in services under this section will be engaged and involved in the design and implementation of the services4 7#e7 ,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 students1 as appropriate4 7#f7 ,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 7c77#h74 7e7 ,interagency agreements 7#a7 ,local interagency agreements ,to ensure the provision of the services described in subsection 7c71 a recipient of a grant1 contract1 or cooperative agreement under this section1 or their designee1 shall establish a local interagency agreement among local educational agencies1 agencies responsible for early childhood education programs1 ,head ,start agencies 7including ,early ,head ,start agencies71 juvenile justice authorities1 mental health agencies1 child welfare agencies1 and other relevant agencies1 authorities1 or entities in the community that will be involved in the provision of such services4 7#b7 ,contents ,in ensuring the provision of the services described in subsection 7c71 the local interagency agreement shall specify with respect to each agency1 authority1 or entity that is a party to such agreement-- 7,a7 the financial responsibility for the services2 7,b7 the conditions and terms of responsibility for the services1 including quality1 accountability1 and coordination of the services2 and 7,c7 the conditions and terms of reimbursement among such agencies1 authorities1 or entities1 including procedures for dispute resolution4 7f7 ,evaluation ,the ,secretary shall reserve not more than #c percent of the funds made available under subsection 7l7 for each fiscal year to-- 7#a7 conduct a rigorous1 independent evaluation of the activities funded under this section2 and 7#b7 disseminate and promote the utilization of evidence-based practices regarding trauma support services and mental health care4 7g7 ,distribution of awards ,the ,secretary shall ensure that grants1 contracts1 and cooperative agreements awarded or entered into under this section are equitably distributed among the geographical regions of the ,united ,states and among tribal1 urban1 suburban1 and rural populations4 7h7 ,rule of construction ,nothing in this section shall be construed-- 7#a7 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 authorities2 or 7#b7 to prevent ,federal1 ,state1 and tribal law enforcement and judicial authorities from exercising their responsibilities with regard to the application of ,federal1 tribal1 and ,state law to crimes committed by a student4 7i7 ,supplement1 not supplant ,any services provided through programs carried out under this section shall supplement1 and not supplant1 existing mental health services1 including any special education and related services provided under the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adjj et seq474 7j7 ,consultation with ,indian tribes ,in carrying out subsection 7a71 the ,secretary shall1 in a timely manner1 meaningfully consult with ,indian ,tribes and their representatives to ensure notice of eligibility4 7k7 ,definitions ,in this section3 7#a7 ,elementary school ,the term elementary school has the meaning given such term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#b7 ,evidence-based ,the term evidence-based has the meaning given such term in section #haja7ba77;,a77i7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja7ba77;,a77i774 7#c7 ,native hawaiian educational organization ,the term ,native ,hawaiian educational organization has the meaning given such term in section #fbjg of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #geag74 7#d7 ,local educational agency ,the term local educational agency has the meaning given such term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#e7 ,regional corporation ,the term ,regional ,corporation has the meaning given the term in section #c of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb74 7#f7 ,school ,the term school means a public elementary school or public secondary school4 7#g7 ,school leader ,the term school leader has the meaning given such term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#h7 ,secondary school ,the term secondary school has the meaning given such term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#i7 ,secretary ,the term ,secretary means the ,secretary of ,education4 7#aj7 ,specialized instructional support personnel ,the term specialized instructional support personnel has the meaning given such term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#aa7 ,state educational agency ,the term ,state educational agency has the meaning given such term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7l7 ,authorization of appropriations ,there is authorized to be appropriated1 and there shall be appropriated1 out of any money in the ,treasury not otherwise appropriated1 to carry out this section1 #ej1jjj1jjj for each of fiscal years #bjbb through #bjbf4 ,,nn ,preparing and ,resourcing ,our ,student ,parents and ,early ,childhood ,teachers #eddja4 ,short title ,this subtitle may be cited as the ,preparing and ,resourcing ,our ,student ,parents and ,early ,childhood ,teachers ,act or the ,,prospect ,act4 #eddjb4 ,table of contents ,the table of contents of this subtitle is as follows3 ,sec4 #eddja4 ,short title4 ,sec4 #eddjb4 ,table of contents4 ,sec4 #eddjc4 ,findings4 ,part #a--;,establishment of infant and toddler child care leadership grants ,sec4 #eddaa4 ,purpose4 ,sec4 #eddab4 ,definitions4 ,sec4 #eddac4 ,authorization of appropriations4 ,subpart ,a--,general provisions ,sec4 #eddba4 ,program authorized4 ,sec4 #eddbb4 ,application2 selection criteria4 ,sec4 #eddbc4 ,amount1 duration1 and administration of grants4 ,subpart ,b--,planning and implementation grants ,sec4 #eddca4 ,grants authorized4 ,sec4 #eddcb4 ,planning grants4 ,sec4 #eddcc4 ,access grants providing infant and toddler child care for community college or minority-serving institution student parents4 ,sec4 #eddcd4 ,impact grants4 ,sec4 #eddce4 ,pipeline grants4 ,sec4 #eddcf4 ,evaluation criteria for grants4 ,sec4 #eddcg4 ,report to ,congress4 ,sec4 #eddch4 ,nondiscrimination in programs and activities4 ,part #b--;,child ,care and ,development ,block ,grant ,program ,sec4 #eddda4 ,eligibility4 ,sec4 #edddb4 ,conforming amendments4 ,sec4 #edddc4 ,increased ,federal matching payments for child care4 ,part #c--,outreach regarding the dependent care allowance for ,federal student aid ,sec4 #eddea4 ,sharing dependent care allowance information for ,federal student aid4 #eddjc4 ,findings ,congress finds the following3 7#a7 ,a child's brain grows at a faster rate between birth and age #c than at any later point in the child's lifetime4 7#b7 ,decades of research shows that children under age #c that receive quality child care are more likely to have the behavioral1 cognitive1 and language skills development necessary for success in school1 college1 and life4 7#c7 ,according to a #bjah survey1 #hc percent of parents with a child under age #e responded that finding quality1 affordable child care was a serious problem in their area4 7#d7 ,in #bjag1 on average1 center-based child care for an infant cost #fa percent more than for a preschooler1 over #aa1jjj annually per child1 and in #bh ,states1 more than the cost of public college tuition4 7#e7 ,in the #bjae-bjaf academic year1 approximately #d1cjj1jjj postsecondary education students were raising children while in college1 and over half of those students had children preschool-aged or younger4 7#f7 ,according to a #bjaf survey1 #ie percent of child care centers at #b-year and #d-year colleges across the ,united ,states had a waiting list1 with the average list containing #hb children4 7#g7 ,student parents were #bj percent more likely to leave college without a degree than students without children4 7#h7 ,the ,child ,care ,access ,means ,parents in ,school ,federal ,grant program under subpart #g of part ,a of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;e et seq47 helps over #c1cjj students at institutions of higher education afford child care each year1 but this program impacts just #j4e percent of the entire student parent population1 and many institutions of higher education do not open their subsidized child care programs to children under age #c4 7#i7 ,the share of community colleges and #d-year institutions of higher education with on-campus child care has been in decline4 ,community colleges saw a #aj percent decrease in the number of campuses with child care between #bjjb and #bjag4 7#aj7 ,student parents are more likely to be enrolled at community colleges and minority-serving institutions than other institutions of higher education4 ,over a quarter of all community college students are parents1 and in the #bjae-bjaf academic year1 #dj percent of ,black women attending college were parents1 #c times the rate for ,white male college students4 7#aa7 ,community colleges and minority-serving institutions lead the higher education sector in educating infant and toddler child care providers1 especially child care providers of color1 so they are the optimal actors for driving quality infant and toddler child care access in their regions4 #a ,establishment of infant and toddler child care leadership grants #eddaa4 ,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 grow1 diversify1 and strengthen the workforce pipeline of highly effective infant and toddler child care providers1 especially in communities of color and infant and toddler child care deserts4 #eddab4 ,definitions ,in this part3 7#a7 ,community college ,the term community college means a public institution of higher education1 as defined in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a771 that provides an educational program of not less than #b years that culminates in an associate degree and is acceptable for full credit toward a baccalaureate degree4 7#b7 ,community college or minority-serving institution student parent ,the term community college or minority-serving institution student parent means an individual who-- 7,a7 is a parent or legal guardian of a child who qualifies for infant and toddler child care2 and 7,b7 is a full-time or part-time student at a community college or minority-serving institution participating in an eligible entity4 7#c7 ,culturally responsive teaching ,the term culturally responsive teaching means teaching-- 7,a7 using the cultural characteristics1 experiences1 and perspectives of ethnically diverse students as conduits for teaching them more effectively2 and 7,b7 based on understanding the influences of race1 culture1 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 skills4 7#d7 ,drop-in ,the term drop-in1 when used with respect to child care-- 7,a7 means child care that-- 7i7 does not require prescheduling a definite number of scheduled days or hours per week2 or 7ii7 is short term1 such as less than #e hours per day2 and 7,b7 includes child care described in subparagraph 7,a7 that requires parents to provide #bd-;hour notice before using the child care or provides child care subject to availability4 7#e7 ,dual language learner ,the term dual language learner means a child who-- 7,a7 is acquiring #b or more languages at the same time2 or 7,b7 is learning a second language while continuing to develop the child's first language1 including a child who may also be identified by a ,state or locality as bilingual or limited ,english proficient or as an ,english language learner1 an ,english learner1 or a child who speaks a language other than ,english4 7#f7 ,early childhood educator preparation program ,the term early childhood educator preparation program means a postsecondary course of study that-- 7,a7 is designed to prepare individuals to teach in early childhood settings serving children between birth and age #e2 and 7,b7 leads to a degree 7including an associate's1 bachelor's1 or graduate degree7 or a ,state or nationally recognized credential enabling individuals to teach in early childhood settings1 including a child development associate credential or a ,state teaching license4 7#g7 ,eligible entity ,the term eligible entity means-- 7,a7 a community college2 7,b7 a minority-serving institution2 or 7,c7 a consortium of #b or more community colleges or minority-serving institutions4 7#h7 ,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 weekly1 but for a total of less than five days per week4 7#i7 ,high school ,the term high school has the meaning given the term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#aj7 ,infant and toddler child care ,the term infant and toddler child care means child care for children who are under the age of #c as of the first day of the academic year of the applicable community college or minority-serving institution4 7#aa7 ,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 quality1 affordable infant and toddler child care4 7#ab7 ,infant or toddler with a disability ,the term infant or toddler with a disability has the meaning given the term in section #fcb of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adcb74 7#ac7 ,low-income ,the term low-income means an individual from a family with an income at or below #aej percent of the poverty line 7as defined by the ,office of ,management and ,budget and revised annually in accordance with section #fgc7b7 of the ,community ,services ,block ,grant ,act7 applicable to a family of the size involved4 7#ad7 ,minority-serving institution ,the term minority-serving institution means an institution described in section #cga7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7a774 7#ae7 ,nontraditional hours ,the term nontraditional hours means-- 7,a7 the hours before #i a4m4 and after #d p4m42 and 7,b7 any hours during weekends1 breaks during the academic year1 and holidays4 7#af7 ,on-campus ,the term on-campus1 when used with respect to a childcare center1 means a childcare center that is located on the campus of a community college or minority-serving institution4 7#ag7 ,secretary ,the term ,secretary means the ,secretary of ,education4 7#ah7 ,service area ,the term service area1 when used with respect to an eligible entity1 means the area served by the eligible entity4 7#ai7 ,state ,the term ,state has the meaning given the term in section #ajc of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjc74 #eddac4 ,authorization of appropriations ,there is authorized to be appropriated to carry out this part a total of #i1jjj1jjj1jjj for fiscal years #bjbb through #bjbf4 ,a ,general provisions #eddba4 ,program authorized 7a7 ,in general ,from amounts made available under section #eddac1 the ,secretary shall award to eligible entities-- 7#a7 planning grants under section #eddcb2 7#b7 access grants under section #eddcc1 which will provide free high-quality child care for as many as #ejj1jjj infants and toddlers who have a community college or minority-serving institution student parent1 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 graduate1 and reducing their postgraduation debt2 7#c7 impact grants under section #eddcd1 which will expand the supply and quality of child care in the community by providing training1 mentorship1 technical support1 and expansion funding to new and existing child care providers in the service area of the eligible entity2 and 7#d7 pipeline grants under section #eddce1 which will fund eligible entities to-- 7,a7 launch and expand early childhood educator preparation programs2 and 7,b7 form strategic partnerships with regional institutions to expand1 diversify1 and strengthen the workforce pipeline for infant and toddler care providers4 7b7 ,administration ,in administering this part1 the ,secretary shall-- 7#a7 consult with the ,secretary of ,health and ,human ,services with respect to all grants carried out under this subpart2 and 7#b7 consult with the ,administrator of the ,small ,business ,administration with respect to impact grants carried out under section #eddcd4 #eddbb4 ,application2 selection criteria 7a7 ,application 7#a7 ,in general ,an eligible entity desiring a grant under subpart ,b shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require4 7#b7 ,contents ,an application submitted under paragraph 7#a7 shall include-- 7,a7 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 entity1 with an emphasis on community college or minority-serving institution student parents in communities of color and low-income parents2 7,b7 a landscape review of the infant and toddler care workforce within the service area of the eligible entity2 7,c7 a high-level vision 7which1 in the case of an eligible entity desiring a planning grant under section #eddcb1 will be clarified and adjusted through the needs assessment and activities carried out under the grant7 for how to leverage #a or more access1 impact1 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 entity2 7,d7 a description of how the eligible entity will advance child development 7including social and emotional development71 family engagement1 and culturally responsive and linguistically responsive pedagogy for infant and toddler child care within its child care center or early childhood education programs 7as applicable71 through professional development1 required coursework1 or targeted outreach and enrollment2 7,e7 an assurance that the eligible entity will submit annual reports that document how funds were allocated and the impact of the grant2 7,f7 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-- 7i7 comparable to wages for elementary educators with similar credentials and experience in the ,state2 and 7ii7 at a minimum1 at a rate that is enough to provide a living wage for all child care staff2 and 7,g7 in the case of an impact1 access1 or pipeline grant under subpart ,b1 an assurance that the eligible entity will continue to convene and consult an infant and toddler care committee described in section #eddcb7;a77#a74 7b7 ,selection criteria 7#a7 ,in general ,the ,secretary shall award grants under subpart ,b on a competitive basis1 in accordance with the priorities described in paragraph 7#b71 and in a manner that supports eligible entities that-- 7,a7 enroll a high percentage of students who are eligible for a ,federal ,pell ,grant under section #dja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;a7 and who have children under age #c2 7,b7 are located within or in the immediate vicinity of an infant and toddler child care desert2 or 7,c7 have a clear and compelling plan for-- 7i7 in the case of a planning grant under section #eddcb1 carrying out the activities of the planning grant2 7ii7 in the case of an access grant under section #eddcc1 expanding access to free infant and toddler child care for community college or minority-serving institution student parents2 7iii7 in the case of an impact grant under section #eddcd1 expanding the supply and quality of child care in the community by providing training1 mentorship1 technical support1 and startup funding1 in collaboration with existing child care agencies and organizations2 or 7iv7 in the case of a pipeline grant under section #eddce1 growing and strengthening the workforce pipeline of highly effective infant and toddler child care providers1 especially such providers serving infant and toddler child care deserts1 by expanding early childhood education programs or upgrading an on-campus child care center into a lab school4 7#b7 ,priorities in awarding grants ,in awarding grants under subpart ,b1 the ,secretary shall1 to the extent practicable based on the strength of the applications and the availability of appropriations-- 7,a7 first1 ensure that not less than #hj percent of the funds appropriated for grants under subpart ,b are awarded to eligible entities that are eligible institutions1 as defined in section #cab7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajeh7;b772 7,b7 second1 ensure that not less than #a eligible entity in each ,state is awarded a grant2 and 7,c7 third1 provide special consideration to applications described in paragraph 7#c74 7#c7 ,additional consideration and funding ,in awarding grants under subpart ,b and subject to paragraph 7#b71 the ,secretary shall provide special consideration1 and may provide additional funding as needed1 including funding to exceed the limits described in section #eddbc7;a71 for-- 7,a7 applications for access grants under section #eddcc that will provide-- 7i7 infant and toddler child care for children of all ages between birth and age #c2 7ii7 infant and toddler child care available during nontraditional hours2 7iii7 infant and toddler child care that has the supports and staffing needed for children who are dual language learners2 7iv7 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 disabilities1 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 #fai or part ,c of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adai2 #adca et seq472 and 7v7 child care and aftercare for children age #c and older1 especially for children that age out of the infant and toddler child care program supported under this part1 and for siblings of children enrolled in campus-sponsored infant and toddler care2 and 7,b7 applications for pipeline grants under section #eddce that propose to-- 7i7 develop and teach courses on culturally responsive and linguistically responsive teaching in early childhood education2 and 7ii7 develop and teach courses on supporting infants and toddlers with disabilities who are under age #c4 7c7 ,prerequisites for access1 impact1 and pipeline grants ,an eligible entity shall receive and timely complete all requirements of a planning grant under section #eddcb before receiving an access1 impact1 or pipeline grant under section #eddcc1 #eddcd1 or #eddce4 #eddbc4 ,amount1 duration1 and administration of grants 7a7 ,amount of grants ,each grant awarded under subpart ,b to an eligible entity shall be in an amount of-- 7#a7 in the case of a grant awarded to an individual community college or minority-serving institution1 not more than #bj1jjj1jjj2 and 7#b7 in the case of a grant to a consortium of community colleges or minority-serving institutions1 not more than #bbj1jjj1jjj4 7b7 ,duration of grants ,a grant awarded under subpart ,b shall be for a period of #d years1 except that a planning grant awarded under section #eddcb shall be for a period of #a year4 7c7 ,number of grants 7#a7 ,planning grants ,no eligible entity shall receive more than #a planning grant under section #eddcb4 7#b7 ,impact1 access1 and pipeline grants ,an eligible entity may receive multiple grants under sections #eddcc1 #eddcd1 and #eddce1 including #b or more grants under different sections for the same grant period or for overlapping grant periods4 7d7 ,annual grant competitions ,the ,secretary shall conduct annual grant competitions for the grants under subpart ,b4 7e7 ,rule of construction ,nothing in this part shall be construed to limit any program or grant established under any other ,federal law1 including the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja et seq471 the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcja et seq471 or the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adjj et seq474 ,b ,planning and implementation grants #eddca4 ,grants authorized ,from amounts made available under section #eddac1 the ,secretary shall award to eligible entities-- 7#a7 planning grants under section #eddcb1 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 needs2 7#b7 access grants under section #eddcc1 which will provide free high-quality child care for up to #ejj1jjj children under the age of #c of community college or minority-serving institution student parents1 helping to reduce barriers that impact the ability of community college or minority-serving institution student parents to graduate1 and reducing their postgraduation debt2 7#c7 impact grants under section #eddcd1 which will expand the supply and quality of child care in the community by providing training1 mentorship1 technical support1 and expansion funding to new and existing child care providers in the service area of the eligible entities2 and 7#d7 pipeline grants under section #eddce1 which will fund eligible entities to-- 7,a7 launch and expand early childhood educator preparation programs2 and 7,b7 form strategic partnerships with regional institutions to expand1 diversify1 and strengthen the workforce pipeline for infant and toddler child care providers4 #eddcb4 ,planning grants 7a7 ,use of funds ,an eligible entity receiving a grant under this section shall use grant funds to-- 7#a7 establish an infant and toddler child care committee that is reflective and inclusive of the community being served and composed of members who are-- 7,a7 student parents at the participating community college or minority-serving institution2 7,b7 faculty of any participating community college or minority-serving institution2 7,c7 representatives of a local educational agency 7as defined in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja77 serving the service area of the eligible entity2 7,d7 where applicable1 a local public charter school provider2 7,e7 representatives of a local child care resource and referral agency2 and 7,f7 infant and toddler child care professionals 7such as representatives from a local ,head ,start or ,early ,head ,start program1 home-based infant and toddler child care providers1 and child care providers with expertise working with infants or toddlers with disabilities72 7#b7 conduct an infant and toddler child care needs assessment of current and prospective community college or minority-serving institution student parents1 the infant and toddler child care workforce1 and the service area of the eligible entity1 that includes information on the level of need for-- 7,a7 infant and toddler child care during nontraditional hours2 7,b7 #c-year-old child care1 toddler care1 and infant care2 7,c7 care for infants and toddlers with disabilities2 7,d7 care for children from households that speak a language other than ,english2 and 7,e7 child care in specific communities1 especially infant and toddler child care deserts2 7#c7 begin research1 outreach1 and planning for expanding access to free infant and toddler child care for community college or minority-serving institution student parents1 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 parents2 and 7#d7 develop a detailed proposal1 with a focus on the needs of parents of children under age #c1 to address those needs1 which may include applying for an impact1 access1 or pipeline grant under section #eddcc1 #eddcd1 or #eddce4 7b7 ,reporting requirements ,not later than #cj days after the end of a grant period under this section1 the eligible entity that received the grant shall prepare and submit a report to the ,secretary that includes-- 7#a7 the results of the needs assessment conducted under subsection 7a77#b72 7#b7 the detailed proposal developed under subsection 7a77#d72 and 7#c7 in the case of an eligible entity that desires an impact1 access1 or pipeline grant under section #eddcc1 #eddcd1 or #eddce1 an application for the grant4 #eddcc4 ,access grants providing infant and toddler child care for community college or minority-serving institution student parents 7a7 ,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 #a or more of the following3 7#a7 ,paying the infant and toddler child care costs of community college or minority-serving institution student parents at an on-campus child care center1 ,state licensed off-campus child care center1 or ,state licensed or registered home-based child care provider4 7#b7 7,a7 ,operating an on-campus child care center that provides infant and toddler child care2 or 7,b7 contracting with a child care provider that is operating #a or more child care centers 7as of the date of the contract7 to operate an on-campus child care center that provides infant and toddler child care4 7#c7 ,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 care4 7#d7 ,expanding the resources for existing on-campus child care centers1 as of the date of the application for the grant1 by-- 7,a7 expanding the space of the center for infant and toddler child care2 7,b7 purchasing equipment to be used for infant and toddler child care2 or 7,c7 hiring staff to accommodate additional children under the age of #c4 7#e7 ,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 7including summer74 7#f7 ,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 parents4 7#g7 ,renovating campus facilities to allow for the operation of an on-campus child care center that-- 7,a7 satisfies the standards that apply to alterations or 7as applicable7 new construction under title ,,ii or ,,iii of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaca et seq41 #abaha et seq471 as the case may be2 and 7,b7 7i7 meets a high-quality standard1 according to a ,state quality rating and improvement system or the standards applicable to an ,early ,head ,start program under the ,head ,start ,act 7#db ,u4,s4,c4 #ihca et seq472 or 7ii7 is accredited through the ,national ,association for the ,education of ,young ,children or another organization of similar expertise1 as determined by the ,secretary4 7b7 ,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 section1 the on-campus child care center shall meet the following requirements3 7#a7 ,the child care center shall be licensed by the ,state and shall meet a high-quality standard described in subsection 7a77#g77;,b77i7 or be accredited in accordance with subsection 7a77#g77;,b77ii74 7#b7 ,children of community college or minority-serving institution student parents shall receive priority enrollment in the child care center1 with priority going first to low-income community college or minority-serving institution student parents1 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 fulfilled4 7#c7 ,the child care center shall provide infant and toddler child care to children of community college or minority-serving institution student parents1 without regard as to whether the parent is a full-time or part-time student4 7#d7 ,not less than #he 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 #dja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #dja71 except that the ,secretary may grant a waiver from this requirement if the ,secretary determines necessary4 7#e7 ,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 parents4 ,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 paragraph4 7#f7 ,the child care center-- 7,a7 shall provide infant and toddler child care for children under the age of #c 7as of the first day of the academic year of the community college or minority-serving institution supporting the child care center7 of community college and minority-serving institution student parents for free2 7,b7 may charge faculty and staff of the community college or minority institution and community members fees1 using a sliding scale based on family income1 to enroll their children in the child care center2 and 7,c7 shall comply with the suspension and expulsion performance standard for ,head ,start programs under section #acjb4ag of title #de1 ,code of ,federal ,regulations1 or any successor standard4 7#g7 7,a7 ,the child care center shall maintain a continuity of care for the children of parents who-- 7i7 were community college or minority-serving institution student parents during any reasonable or unavoidable break in the parents' enrollment2 or 7ii7 transferred from a community college to a #d-year minority-serving institution during the student's enrollment at the #d-year institution4 7,b7 ,the child care center may charge a parent described in subparagraph 7,a7 a fee for the child care services provided during the period when the parent is not enrolled in the community college or minority-serving institution1 using a sliding scale based on family income during this period1 as long as the fee does not exceed #g percent of the family's income4 7#h7 ,the child care center shall pay its child care staff a wage that-- 7,a7 is comparable to wages for elementary educators with similar credentials and experience in the ,state2 and 7,b7 at a minimum1 provides a living wage for all child care staff of the child care center4 7#i7 ,the child care center1 if not a child care provider covered by subsection 7c7 of section #feh;,h of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh;f71 shall comply with that section in the same manner and to the same extent as such a child care provider1 with respect to background checks for child care staff members 7including prospective child care staff members7 for the center4 7c7 ,consultation and reports 7#a7 ,consultation ,an eligible entity receiving a grant under this section shall1 for each year of the grant1 consult with an infant and toddler child care committee described in section #eddcb7;a77#b7 regarding the results of the grant and the contents of the annual report submitted to the ,secretary4 7#b7 ,reports ,an eligible entity receiving a grant under this section shall1 for each year of the grant1 prepare and submit a report to the ,secretary that includes-- 7,a7 the number of community college or minority-serving institution student parents that received access to ,state licensed or registered child care because of the grant1 in the aggregate and disaggregated by age1 gender1 race and ethnicity1 family income1 disability status1 and full-time or part-time enrollment status in the community college or minority-serving institution2 7,b7 the number of children under age #c enrolled in each on-campus child care center supported under the grant1 disaggregated by age1 gender1 disability status1 marital status of parents1 and race and ethnicity2 7,c7 for each on-campus child care center supported under the grant1 the number of suspensions of children enrolled in the child care center1 in the aggregate and disaggregated by race and ethnicity1 gender1 and disability status2 7,d7 the demographics1 including race1 ethnicity1 and gender of the staff and leadership of all child care centers supported under the grant2 7,e7 the most frequent times of the day and days of the week1 and the average number of hours per week1 that on-campus child care centers were used by community college or minority-serving institution student parents1 and the child care hours per week provided to community college or minority-serving institution student parents1 disaggregated by child care provided at nontraditional hours and traditional daytime1 weekday child care2 7,f7 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 institution1 compared to the persistence rate of community college or minority-serving institution student parents with children under #c who are not enrolled in community college or minority-serving institution sponsored child care-- 7i7 collected in accordance with regulations promulgated by the ,secretary2 and 7ii7 in the aggregate and disaggregated as described in subparagraph 7,a7 and by the age of the children of the community college or minority-serving institution students2 7,g7 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 care1 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 parents2 and 7,h7 if grant funds are used to renovate campus facilities under subsection 7a77#g71 proof of the on-campus child care center's compliance with the standards that apply to alterations or 7as applicable7 new construction under title ,,ii or ,,iii of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaca et seq41 #abaha et seq471 as the case may be4 7#c7 ,cross-tabulation ,in each report submitted by an eligible entity under paragraph 7#b71 the eligible entity shall also provide the information described in subparagraphs 7,a71 7,b71 7,c71 and 7,f77ii7 of such paragraph cross-tabulated by1 at a minimum1 gender1 disability status1 and each major racial and ethnic group1 which shall be presented in a manner that-- 7,a7 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 center2 7,b7 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 individual2 and 7,c7 is consistent with the requirements of section #ddd of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb;g1 commonly known as the ,family ,educational ,rights and ,privacy ,act of #aigd74 7d7 ,definition ,in subsection 7b77#i71 the term child care staff member means an individual-- 7#a7 who is employed by a child care center covered by subsection 7b7 for compensation2 or 7#b7 whose activities involve the care or supervision of children for1 or unsupervised access to children who are cared for or supervised by1 such a child care center4 #eddcd4 ,impact grants 7a7 ,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 training1 mentorship1 technical support1 and startup funding1 in collaboration with existing 7as of the date of application for the grant7 child care agencies and organizations1 through carrying out #a or more of the following activities3 7#a7 ,contracting with local child care resource and referral organizations to support onsite technical assistance for child care providers1 and training1 mentorships1 and business technical assistance related to existing 7as of the date of the grant7 or new start-up child care programs4 7#b7 ,contracting with local child care resource and referral organizations to provide staffed family child care networks1 such as a hub that supports a group of home-based care providers to promote high-quality care4 7#c7 ,establishing a network of child care providers in the community1 or partnering with an existing1 as of the date of application1 provider or network 7such as an ,early ,head ,start program operating in the community7 to facilitate provider access to training1 coaching1 mentorship1 licensure1 technical support1 and expansion funding4 7#d7 ,developing content for training for community child care providers 7including home-based providers and unlicensed providers7 on strong child care business practices and other supports and training the providers may require4 7#e7 ,compensating qualified individuals to deliver training for community members on providing high-quality child care4 7#f7 ,awarding microenterprise grants for ,state licensed1 qualified early childhood education professionals1 ,state licensed child care centers1 and ,state licensed or registered home-based child care providers to open a child care program that provides infant and toddler child care1 or to expand infant and toddler child care 7including expanding access to serve infants or toddlers with disabilities7 at a child care program in areas with low access to affordable1 quality infant and toddler child care4 7#g7 ,developing and communicating clear pathways for community child care providers and current and prospective students of infant and toddler child care education1 particularly individuals with low incomes and from historically underrepresented groups1 to take advantage of professional development1 certificate1 and associate degree offerings1 for the purpose of advancing their skills and careers4 7#h7 ,prioritizing child care programs1 pathways1 and resources in communities of color and low-income communities4 7#i7 ,developing and delivering child care professional development and courses in languages other than ,english4 7b7 ,rule regarding professional development ,if an eligible entity elects to use grant funds under this section for professional development1 the eligible entity shall ensure that-- 7#a7 a portion of the professional development is open1 available1 and easily accessible to unlicensed child care providers and a portion of the professional development is available to ,state licensed or registered child care providers2 and 7#b7 not more than #cj percent of the funds provided through the grant under this section are allocated toward professional development4 7c7 ,consultation and reports 7#a7 ,consultation ,an eligible entity receiving a grant under this section shall1 for each year of the grant1 consult with an infant and toddler child care committee described in section #eddcb7;a77#b7 and the lead agency for the applicable ,state designated under section #feh;,d of the ,child ,care ,development and ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh;b7 regarding the results of the grant and the contents of the annual report submitted to the ,secretary4 7#b7 ,reports ,an eligible entity receiving a grant under this section shall1 for each year of the grant1 prepare and submit a report to the ,secretary that includes-- 7,a7 the number of child care providers that attended child care professional development sessions coordinated by the eligible entity under the grant1 and the type of training received2 7,b7 7i7 the number of child care providers fluent in a language other than ,english that received professional development through the grant1 including the number of such child care providers reached through the development and delivery of coursework in languages other than ,english2 and 7ii7 the number of such child care providers that received professional development through the grant and graduated with an infant toddler credential1 a child development associate credential1 or associate degree related to early childhood development2 7,c7 the number of community colleges or minority-serving institutions that joined or established networks of child care providers2 7,d7 the number of ,state licensed child care spots created for children under #c as a result of the training or microenterprise grants provided1 in the aggregate and disaggregated by location in an infant and toddler child care desert1 location in a community of color1 and1 for recipients of microenterprise grants under subsection 7a77#f71 race1 ethnicity1 and gender of recipient2 7,e7 the number of participants in mentorship programs supported under the grant1 in the aggregate and disaggregated by race1 ethnicity1 and gender2 and 7,f7 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 grant4 7#c7 ,cross-tabulation ,in each report submitted by an eligible entity under paragraph 7#b71 the eligible entity shall also provide the information described in paragraph 7#b77;,e7 cross-tabulated by1 at a minimum1 gender and each major racial and ethnic group1 which shall be presented in a manner that-- 7,a7 is first anonymized and does not reveal personally identifiable information about an individual participant in a mentorship program2 7,b7 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 individual2 and 7,c7 is consistent with the requirements of section #ddd of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb;g1 commonly known as the ,family ,educational ,rights and ,privacy ,act of #aigd74 #eddce4 ,pipeline grants 7a7 ,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 providers1 especially such providers serving infant and toddler child care deserts1 through carrying out #a or more of the following activities3 7#a7 ,establishing-- 7,a7 an associate degree program that includes not less than #b courses specifically on infants and toddlers2 or 7,b7 a stackable child development associate credential1 infant toddler credential1 or early childhood education certificate1 that can be incorporated into a higher-level credential or certificate4 7#b7 ,hiring faculty to adopt and teach previously developed competency-based high-quality infant-toddler courses1 or to develop and teach infant-toddler courses1 which may include courses required for an infant or toddler care certificate1 such as courses on child growth and development1 the physical and nutritional needs of children1 communicating with families1 language development1 child mental health1 supporting infants and toddlers with disabilities1 and effective interactions with children4 7#c7 ,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 institution1 to enhance the quality of both the child care and the early childhood educator preparation program4 7#d7 ,creating or enhancing a partnership between a participating community college and a #d-year degree-granting institution1 to support and coordinate associate degree programs or provide for articulation agreements in early childhood education with related baccalaureate degree programs4 7#e7 ,upgrading an on-campus child care center into a child care lab school for the purpose of facilitating early childhood educator preparation program practicum work1 which may include installing one-way observation windows or live-feed cameras4 7#f7 ,awarding microgrants to students in early childhood educator preparation programs for tuition1 books1 transportation1 permitting or licensing fees1 apprenticeships1 and time spent doing practicum work4 7#g7 ,developing and teaching courses on culturally responsive teaching in early childhood education4 7#h7 ,forming partnerships with local public high schools to establish early childhood education career and technical education programs1 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 certificate1 credential1 or degree4 7b7 ,consultation and reports 7#a7 ,consultation ,an eligible entity receiving a grant under this section shall1 for each year of the grant1 consult with an infant and toddler child care committee described in section #eddcb7;a77#b7 regarding the results of the grant and the contents of the annual report submitted to the ,secretary4 7#b7 ,reporting requirements ,an eligible entity receiving a grant under this section shall1 for each year of the grant1 prepare and submit a report to the ,secretary that includes-- 7,a7 the number of students that enrolled in early childhood educator preparation programs due to the support provided by the grant1 in the aggregate and disaggregated by credential or degree type of the program and by age1 gender1 race or ethnic group1 ability to speak a second language1 family income level1 disability status1 and full-time or part-time student status2 7,b7 the amount of funds allocated to early childhood educator preparation program students through microgrants under this section1 in the aggregate and disaggregated by usage of funds and by demographics of the students receiving the microgrants1 including age1 gender1 race or ethnic group1 second language ability1 parent status1 family income level1 disability status1 and full-time or part-time student status2 7,c7 the persistence1 retention1 and completion rates of students receiving the microgrants1 as compared to such rates for students not receiving the microgrants2 7,d7 the number of students dual-enrolled in high school and a community college or minority-serving institution early childhood educator preparation program2 7,e7 the number of students that completed degrees1 certificates1 or credentials in dual-enrollment programs1 in the aggregate and disaggregated by degree1 certificate1 and credential type2 and 7,f7 the details of any partnerships or articulation agreements established with local public high schools or local #d-year degree-granting institutions of higher education4 7#c7 ,cross-tabulation ,in each report submitted by an eligible entity under paragraph 7#b71 the eligible entity shall also provide the information described in subparagraphs 7,a7 and 7,b7 of such paragraph cross-tabulated by1 at a minimum1 gender1 each major racial and ethnic group1 and disability status1 which shall be presented in a manner that-- 7,a7 is first anonymized and does not reveal personally identifiable information about an individual student2 7,b7 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 individual2 and 7,c7 is consistent with the requirements of section #ddd of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb;g1 commonly known as the ,family ,educational ,rights and ,privacy ,act of #aigd74 #eddcf4 ,evaluation criteria for grants ,for each year of the grant program under this part1 the ,secretary shall evaluate the effectiveness of grants under chapter #a4 ,each evaluation shall include the following criteria3 7#a7 ,for access grants awarded under section #eddcc-- 7,a7 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 grant1 in the aggregate and disaggregated by age1 gender1 race or ethnic group1 family income level1 disability status1 marital status1 and full-time or part-time student status2 7,b7 the most frequent times1 and the average number of hours per week1 that on-campus child care centers were used by community college or minority-serving institution student parents2 7,c7 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 institution1 compared to such rate for students with children not enrolled in the community college or minority-serving institution child care program1 in the aggregate and disaggregated by the categories described in subparagraph 7,a72 and 7,d7 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 institution1 compared to such rate for students with children not enrolled in such a sponsored child care program1 in the aggregate and disaggregated by the categories described in subparagraph 7,a74 7#b7 ,for impact grants awarded under section #eddcd-- 7,a7 the number of attendees for the child care professional development sessions coordinated by the eligible entity under the grants2 7,b7 the number of community colleges or minority-serving institutions that joined or established networks of child care providers as a result of the grants2 7,c7 the number of ,state licensed child care spots created for children under #c in infant and toddler child care deserts and communities of color that were established as a result of microenterprise grants supported under section #eddcd7;a77#f72 and 7,d7 the number of child care providers fluent in a language other than ,english that received professional development under the grants4 7#c7 ,for pipeline grants under section #eddce-- 7,a7 the number of early childhood educator preparation programs that were established with funding under the grants2 7,b7 the number of existing early childhood educator preparation programs that expanded course1 certificate1 or degree offerings as a result of funding under the grants2 7,c7 the number of students that enrolled in early childhood educator preparation programs because of funding provided under the grants1 in the aggregate and disaggregated by-- 7i7 type of degree or credential2 and 7ii7 student age1 gender1 race or ethnic group1 second language ability1 family income level1 disability status1 and status as enrolled full- or part-time2 7,d7 the amount of funds allocated to early childhood educator preparation program students through microgrants supported under section #eddce7;a77#f71 in the aggregate and disaggregated by-- 7i7 category of usage of funds2 and 7ii7 the categories described in subparagraph 7,c77ii72 7,e7 persistence1 retention1 and completion rates of students receiving such microgrants1 as compared to students not receiving microgrants2 7,f7 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 grants2 7,g7 the number of students dual-enrolled in high school and community college early childhood educator preparation programs as a result of the grants2 and 7,h7 the number of students that completed a degree or credential in a dual-enrollment program as a result of the grants1 in the aggregate and disaggregated by degree or credential4 #eddcg4 ,report to ,congress ,the ,secretary shall prepare and submit to ,congress an annual report on the grant program under this part that includes-- 7#a7 the results from the most recent evaluation under section #eddcf2 and 7#b7 information regarding the progress made by the grants based on the most recent reports submitted under sections #eddcb7;b71 #eddcc7;c71 #eddcd7;c71 and #eddce7;b74 #eddch4 ,nondiscrimination in programs and activities 7a7 ,nondiscrimination ,no person in the ,united ,states shall1 on the basis of actual or perceived race1 color1 religion1 national origin1 sex 7which includes sexual orientation1 gender identity1 pregnancy1 childbirth1 medical conditions related to pregnancy or childbirth1 or sex stereotypes71 or disability1 be excluded from participation in1 be denied the benefits of1 or be subjected to discrimination under any program or activity funded1 in whole or in part1 with funds made available under this part or with amounts appropriated for grants1 contracts1 or certificates similar to a child care certificate as defined in section #feh,p of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #ihehn71 administered with such funds4 7b7 ,enforcement ,subsection 7a7 shall be enforced in the same manner and by the same means1 as if such subsection was incorporated in title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq471 and as if a violation of subsection 7a7 was treated as if it was a violation of section #fja of such ,act 7#db ,u4,s4,c4 #bjjj;d74 7c7 ,rule of construction ,nothing in this section shall be construed to alter or change any provisions of section #feh,n of the ,child ,care and ,development ,block ,grant of #aiij 7#db ,u4,s4,c4 #ihehl74 #b ,child ,care and ,development ,block ,grant ,program #eddda4 ,eligibility 7a7 ,in general ,section #feh,p7#d77;,c77i7 of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #ihehn7#d77;,c77i77 is amended by striking job training or educational program and inserting job training or educational program 7which may be a program of study at an institution of higher education 7as defined in section #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb771 a program of secondary education1 or a program of study leading to the recognized equivalent of a secondary school diploma74 7b7 ,plan requirements ,section #feh;,e7c77#b7 of such ,act 7#db ,u4,s4,c4 #iheh;c7c77#b77 is amended by adding at the end the following3 7,w7 ,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 7including regulations issued under7 this subchapter1 such as a family income standard1 or a work1 training1 or education standard1 that is more restrictive than the standards specified in section #feh,p7#d74 4 #edddb4 ,conforming amendments ,section #feh;,h7c7 of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh;f7c77 is amended-- 7#a7 in paragraph 7#a71 in the matter preceding subparagraph 7,a71 by inserting or a child care center covered by section #eddcc7;b7 of the ,preparing and ,resourcing ,our ,student ,parents and ,early ,childhood ,teachers ,act before if such2 and 7#b7 in paragraph 7#b71 by inserting 1 including a child care center covered by section #eddcc7;b7 of the ,preparing and ,resourcing ,our ,student ,parents and ,early ,childhood ,teachers ,act1 before shall be ineligible4 #edddc4 ,increased ,federal matching payments for child care ,section #dah7;a77#b77;,c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fah7;a77#b77;,c77 is amended to read as follows3 7,c7 ,federal matching of state expenditures ,the ,secretary shall pay to each eligible ,state for a fiscal year an amount equal to the lesser of-- 7i7 the ,state's allotment under subparagraph 7,b72 or 7ii7 the sum of-- 7,i7 in the case of a ,state that provides payments for child care assistance for infants and toddlers 7within the meaning of section #feh;,g of the ,child ,care and ,development ,block ,grant ,act of #aiij7 at not less than #ge percent of the market rates1 based on the most recent market rate survey conducted under section #feh;,e7c77#d77;,b71 taking into account the geographic area1 type of child care1 and age of the child1 #ij percent of the ,state's expenditures for such assistance2 and 7,,ii7 the amount equal to the ,federal medical assistance percentage that applies to the ,state for the fiscal year under section #aije7;b7 7without regard to any adjustments to such percentage applicable under that section or any other provision of law7 of so much of the ,state's expenditures for child care in that fiscal year for children other than infants and toddlers4 4 #c ,outreach regarding the dependent care allowance for ,federal student aid #eddea4 ,sharing dependent care allowance information for ,federal student aid ,section #acb7;h77#d7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajae;a7h77#d77 is amended-- 7#a7 in the paragraph heading1 by inserting and information after ,disclaimer2 7#b7 in subparagraph 7,b71 by striking and after the semicolon2 7#c7 in subparagraph 7,c71 by striking the period and inserting 2 and2 and 7#d7 by adding at the end the following3 7,d7 explaining-- 7i7 that a student with a dependent may be eligible to include a dependent care allowance described in section #dga7;a77#h7 in the student's cost of attendance2 7ii7 the effect that a dependent care allowance may have on the amount of financial aid available to the student from the institution2 and 7iii7 how to apply for the dependent care allowance4 4 ,,oo ,closing the ,college ,hunger ,gap #edeja4 ,short title ,this subtitle may be cited as the ,closing the ,college ,hunger ,gap ,act of #bjbj4 #edejb4 ,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 ,study4 #edejc4 ,information on ,,snap eligibility 7a7 ,in general ,section #dhc of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajij7 is amended by adding at the end the following3 7i7 ,information on ,,snap eligibility 7#a7 ,in general ,for each year for which a student described in paragraph 7#b7 submits a form described in subsection 7a71 the ,secretary shall send to such student information regarding potential eligibility for assistance under1 and application process for1 the supplemental nutrition assistance program established under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq47 in written and electronic form4 ,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 resides4 7#b7 ,students ,a student is described in this paragraph if the student has an expected family contribution equal to zero for the year4 4 7b7 ,consultation ,the ,secretary of ,education shall consult with the ,secretary of ,agriculture1 and the head of any other applicable ,federal or ,state agency1 in designing the written and electronic communication regarding potential eligibility for assistance under1 and application process for1 the supplemental nutrition assistance program established under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq47 as described in section #dhc7;i7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajij7;i774 #edejd4 ,effective date ,this subtitle and the amendment made by this subtitle shall take effect #abj days after the date of enactment of this ,act4 ,,pp ,transparency in ,off-,campus ,housing ,act #edfja4 ,short title ,this subtitle may be cited as the ,transparency in ,off-,campus ,housing ,act4 #edfjb4 ,institutional calculations for off-campus room and board 7a7 ,authority ,to prescribe regulations ,section #dgh7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhgrr7a77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking or at the end of subparagraph 7,a72 7,b7 by striking the period at the end of subparagraph 7,b7 and inserting 2 or2 and 7,c7 by adding at the end the following3 7,c7 to prescribe-- 7i7 at least one methodology that institutions of higher education 7other than institutions that receive a waiver under clause 7ii77 shall use in determining the allowance for room and board costs incurred by students described in subparagraph 7,a7 of section #dgb7c7 and by students described in subparagraph 7,d7 of such section1 that shall-- 7,i7 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 determined2 and 7,,ii7 include the sources of information that institutions shall use in making each such allowance determination2 and 7ii7 a process for granting institutions of higher education a waiver from the requirements of clause 7i71 including-- 7,i7 a requirement that each institution of higher education seeking such a waiver submit to the ,secretary-- 7aa7 a description of the methodology that the institution will use for each allowance determination described in clause 7i72 7bb7 an assurance that each such allowance determination meets the requirements of clause 7i77,i72 and 7cc7 a demonstration that the institution will use reliable sources of information for each such allowance determination2 and 7,,ii7 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 7i74 2 and 7#b7 by adding at the end the following3 7#c7 ,any regulation proposed by the ,secretary under paragraph 7#a77;,c7 of this subsection shall not be subject to the requirements of paragraph 7#b74 4 7b7 ,requirement ,to prescribe regulations ,not later than #ah months after the date of enactment of this ,act1 the ,secretary of ,education shall issue regulations that meet the requirements of subparagraph 7,c7 of section #dgh7;a77#a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhgrr7a77#a771 as added by subsection 7a74 ,,qq ,passport ,assistance for ,disadvantaged ,students ,act of #bjbj #edgja4 ,short title ,this subtitle may be cited as the ,passport ,assistance for ,disadvantaged ,students ,act of #bjbj4 #edgjb4 ,demonstration program 7a7 ,authorization ,the ,secretary shall carry out a pilot program to make grants to institutions of higher education to-- 7#a7 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 program2 and 7#b7 in coordination with the ,secretary of ,state1 directly pay the costs described in paragraph 7#a7 in the case of a ,united ,states passport event carried out by the ,secretary of ,state on the campus of such institution4 7b7 ,application ,to be eligible to receive a grant under this section1 an institution of higher education shall1 not later than #a year after the date of the enactment of this ,act1 submit an application to the ,secretary that includes-- 7#a7 the number of ,pell ,grant recipients enrolled at the institution that participated in a study abroad program during each of the #e years before the date of such application2 7#b7 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 #d years after the date on which the application is submitted2 7#c7 a description of how the institution will engage in student outreach in carrying a grant under this section2 7#d7 such other information as the ,secretary may require4 7c7 ,awards 7#a7 ,requirements ,not later than #b years after the date of the enactment of this ,act1 the ,secretary shall make grants under subsection 7a7 to each of the following3 7,a7 ,a four-year public institution of higher education4 7,b7 ,a public historically ,black college or university4 7,c7 ,a public ,hispanic-serving institution4 7#b7 ,other awards ,after making the awards required under paragraph 7#a71 the ,secretary-- 7,a7 may make grants to additional institutions of higher education2 and 7,b7 shall give priority under subparagraph 7,a7 to institutions of higher education with study abroad programs that offer science1 technology1 engineering1 and math courses4 7d7 ,reporting requirements 7#a7 ,institution reporting ,an institution of higher education that receives a grant under this section shall not later than #a year after receiving such grant submit to the ,secretary and the ,secretary of ,state a report that includes-- 7,a7 a description of the student outreach carried out through a grant under this section2 and 7,b7 the number of ,pell ,grant recipients who-- 7i7 obtained a ,united ,states passport pursuant to such grant2 and 7ii7 participated in a study abroad program in the year after the institution received such grant4 7#b7 ,department reporting ,not later than #a year after the date of the enactment of this section1 and annually for the #c years thereafter1 the ,secretary1 in coordination with the ,secretary of ,state1 shall submit a report to ,congress that includes-- 7,a7 a description of the awards made under this section2 and 7,b7 an assessment of the pilot program under this section4 7e7 ,final assessment ,not later than #a year after the date on which the pilot program authority terminates under subsection 7f71 the ,secretary and the ,secretary of ,state shall each-- 7#a7 prepare an assessment of the pilot program1 including a recommendation as to whether-- 7,a7 the pilot program should be continued and expanded2 or 7,b7 a similar program related to other higher education programs1 such as graduate and postgraduate programs1 community colleges1 vocational programs1 and apprenticeship programs1 should be carried out2 and 7#b7 submit such assessment to ,congress4 7f7 ,term ,the authority to carry out the pilot program under this section shall terminate on the date that is #e years after the date of the enactment of this ,act4 7g7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #ejj1jjj for fiscal year #bjbb and each of the succeeding #c fiscal years4 7h7 ,definitions ,in this section3 7#a7 ,hispanic-serving institution ,the term ,hispanic-serving institution has the meaning given the term under section #ejb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #aaja;a74 7#b7 ,historically ,black college or university ,the term historically ,black college or university has the meaning given the term part ,b institution under section #cbb7b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfa7b774 7#c7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #aja of the ,higher ,education ,act 7#bj ,u4,s4,c4 #ajjb74 7#d7 ,pell ,grant recipient ,the term ,pell ,grant recipient means a recipient of financial aid under subpart #a of part ,a of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;a et seq474 7#e7 ,secretary ,the term ,secretary means the ,secretary of ,education4 ,,rr ,,stem ,opportunities ,act #edhja4 ,short title2 findings 7a7 ,short title ,this title may be cited as the ,,stem ,opportunities ,act of #bjbj4 7b7 ,findings ,the ,congress finds the following3 7#a7 ,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 engineers4 7#b7 ,research shows that women and minorities who are interested in ,,stem careers are disproportionately lost at nearly every educational transition and at every career milestone4 7#c7 ,the ,national ,center for ,science and ,engineering ,statistics at the ,national ,science ,foundation collects1 compiles1 analyzes1 and publishes data on the demographics of ,,stem degrees and ,,stem jobs in the ,united ,states4 7#d7 ,women now earn nearly #cg percent of all ,,stem bachelor's degrees1 but major variations persist among fields4 ,in #bjag1 women earned only #bj percent of all bachelor's degrees awarded in engineering and #ai percent of bachelor's degrees awarded in computer sciences4 ,based on ,bureau of ,labor ,statistics data1 jobs in computing occupations are expected to account for nearly #fj percent of the projected annual growth of newly created ,,stem job openings from #bjaf to #bjbf4 7#e7 ,in #bjag1 underrepresented minority groups comprised #ci percent of the college-age population of the ,united ,states1 but only #ah percent of students who earned bachelor's degrees in ,,stem fields4 ,the ,higher ,education ,research ,institute at the ,university of ,california1 ,los ,angeles1 found that1 while freshmen from underrepresented minority groups express an interest in pursuing a ,,stem undergraduate degree at the same rate as all other freshmen1 only #bb4a percent of ,latino students1 #ah4d percent of ,african-,american students1 and #ah4h percent of ,native ,american students studying in ,,stem fields complete their degree within #e years1 compared to approximately #cc percent of ,white students and #db percent of ,asian students who complete their degree within #e years4 7#f7 ,in some ,,stem fields1 including the computer sciences1 women persist at about the same rate through doctorate degrees4 ,in other ,,stem fields1 women persist through doctorate degrees at a lower rate4 ,in mathematics1 women earn just #bf percent of doctorate degrees compared with #db percent of undergraduate degrees4 ,overall1 women earned #ch percent of ,,stem doctorate degrees in #bjaf4 ,the rate of minority students earning ,,stem doctorate degrees in physics is #i percent1 compared with #ae percent for bachelor's degree4 ,students from underrepresented minority groups accounted for only #aa4e percent of ,,stem doctorate degrees awarded in #bjaf4 7#g7 ,the representation of women in ,,stem drops significantly from the doctorate degree level to the faculty level4 ,overall1 women hold only #bf percent of all tenured and tenure-track positions and #bg percent of full professor positions in ,,stem fields in our ,nation's universities and #d-year colleges4 ,black and ,hispanic faculty together hold about #f4h percent of all tenured and tenure-track positions and #g4e percent of full professor positions4 ,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 surveyed4 7#h7 ,the representation of women is especially low at our ,nation's top research universities4 ,even in the biological sciences1 in which women now earn more than #ej percent of the doctorates and passed the #be percent level #cg years ago1 women make up only #be percent of the full professors at the approximately #ajj most research-intensive universities in the ,united ,states4 ,in the physical sciences and mathematics1 women make up only #aa percent of full professors1 in computer sciences only #aj percent1 and across engineering fields only #g percent4 ,the data suggest that approximately #f percent of all tenure-track ,,stem faculty members at the most research-intensive universities are from underrepresented minority groups1 but in some fields the numbers are too small to report publicly4 7#i7 ,by #bjej1 underrepresented minorities will comprise #eb percent of the college-age population of the ,united ,states4 ,if the percentage of female students and students from underrepresented minority groups earning bachelor's degrees in ,,stem fields does not significantly increase1 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 skills4 ,with this impending shortfall1 the ,united ,states will almost certainly lose its competitive edge in the #bast century global economy4 7#aj7 ,according to a #bjad ,association for ,women in ,science survey of over #d1jjj scientists across the globe1 #gj percent of whom were men1 ,,stem researchers face significant challenges in work-life integration4 ,researchers in the ,united ,states were among the most likely to experience a conflict between work and their personal life at least weekly4 ,one-third of researchers surveyed said that ensuring good work-life integration has negatively impacted their careers1 and1 of researchers intending to leave their current job within the next year1 #i percent indicated it was because they were unable to balance work and life demands4 7#aa7 ,female students and students from underrepresented minority groups at institutions of higher education who see few others #8#8like themselves'' among faculty and student populations often do not experience the social integration that is necessary for success in all disciplines1 including ,,stem4 7#ab7 ,one in five children in the ,united ,states attend school in a rural community4 ,the data shows that rural students are at a disadvantage with respect to ,,stem readiness4 ,among ,,stem-interested students1 #ag percent of students in rural high schools and #ah percent of students in town-located high schools meet the ,,act ,,stem ,benchmark1 compared with #cc percent of students in suburban high schools and #bg percent of students in urban high schools4 7#ac7 ,a substantial body of evidence establishes that most people hold implicit biases4 ,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 work4 ,unintentional biases and outmoded institutional structures are hindering the access and advancement of women1 minorities1 and other groups historically underrepresented in ,,stem4 7#ad7 ,workshops held to educate faculty about unintentional biases have demonstrated success in raising awareness of such biases4 7#ae7 ,in #bjab1 the ,office of ,diversity and ,equal ,opportunity of the ,national ,aeronautics and ,space ,administration 7in this subtitle referred to as ,,nasa7 completed a report that-- 7,a7 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 discrimination2 and 7,b7 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 policies4 7#af7 ,the ,federal ,government provides #ee percent of research funding at institutions of higher education and1 through its grant-making policies1 has had significant influence on institution of higher education policies1 including policies related to institutional culture and structure4 #edhjb4 ,purposes ,the purposes of this subtitle are as follows3 7#a7 ,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 ,states4 7#b7 ,to promote research on1 and increase understanding of1 the participation and trajectories of women1 minorities1 and other groups historically underrepresented in ,,stem studies and careers1 including persons with disabilities1 older learners1 veterans1 and rural1 poor1 and tribal populations1 at institutions of higher education and ,federal science agencies1 including ,federal laboratories4 7#c7 ,to raise awareness within ,federal science agencies1 including ,federal laboratories1 and institutions of higher education about cultural and institutional barriers limiting the recruitment1 retention1 promotion1 and other indicators of participation and achievement of women1 minorities1 and other groups historically underrepresented in academic and ,government ,,stem research careers at all levels4 7#d7 ,to identify1 disseminate1 and implement best practices at ,federal science agencies1 including ,federal laboratories1 and at institutions of higher education to remove or reduce cultural and institutional barriers limiting the recruitment1 retention1 and success of women1 minorities1 and other groups historically underrepresented in academic and ,government ,,stem research careers4 7#e7 ,to provide grants to institutions of higher education to recruit1 retain1 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 fields4 #edhjc4 ,federal science agency policies for caregivers 7a7 ,,ostp guidance ,not later than #f months after the date of enactment of this ,act1 the ,director1 in consultation with relevant agencies1 shall provide guidance to each ,federal science agency to establish policies that-- 7#a7 apply to all-- 7,a7 research awards granted by such agency2 and 7,b7 principal investigators of such research who have caregiving responsibilities1 including care for a newborn or newly adopted child and care for an immediate family member who is sick or disabled2 and 7#b7 provide-- 7,a7 flexibility in timing for the initiation of approved research awards granted by such agency2 7,b7 no-cost extensions of such research awards2 7,c7 grant supplements1 as appropriate1 to research awards for research technicians or equivalent positions to sustain research activities conducted under such awards2 and 7,d7 any other appropriate accommodations at the discretion of the director of each such agency4 7b7 ,uniformity of guidance ,in providing guidance under subsection 7a71 the ,director shall encourage uniformity and consistency in the policies established pursuant to such guidance across all ,federal science agencies4 7c7 ,establishment of policies ,consistent with the guidance under subsection 7a71 ,federal science agencies shall-- 7#a7 maintain or develop and implement policies for individuals described in paragraph 7#a77;,b7 of such subsection2 and 7#b7 broadly disseminate such policies to current and potential grantees4 7d7 ,data on usage ,federal science agencies shall-- 7#a7 collect data on the usage of the policies under subsection 7c71 by gender1 at both institutions of higher education and ,federal laboratories2 and 7#b7 report such data on an annual basis to the ,director in such form as required by the ,director4 #edhjd4 ,collection and reporting of data on ,federal research grants 7a7 ,collection of data 7#a7 ,in general ,each ,federal science agency shall collect1 as practicable1 with respect to all applications for merit-reviewed research and development grants to institutions of higher education and ,federal laboratories supported by that agency1 the standardized record-level annual information on demographics1 primary field1 award type1 institution type1 review rating1 budget request1 funding outcome1 and awarded budget4 7#b7 ,uniformity and standardization ,the ,director1 in consultation with the ,director of the ,national ,science ,foundation1 shall establish a policy to ensure uniformity and standardization of the data collection required under paragraph 7#a74 7#c7 ,record-level data 7,a7 ,requirement ,beginning not later than #b years after the date of the enactment of this ,act1 and on an annual basis thereafter1 each ,federal science agency shall submit to the ,director of the ,national ,science ,foundation record-level data collected under paragraph 7#a7 in the form required by such ,director4 7,b7 ,previous data ,as part of the first submission under subparagraph 7,a71 each ,federal science agency1 to the extent practicable1 shall also submit comparable record-level data for the #e years preceding the date of such submission4 7b7 ,reporting of data ,the ,director of the ,national ,science ,foundation shall publish statistical summary data1 as practicable1 collected under this section1 disaggregated and cross-tabulated by race1 ethnicity1 gender1 and years since completion of doctoral degree1 including in conjunction with the ,national ,science ,foundation's report required by section #cg of the ,science and ,technology ,equal ,opportunities ,act 7#db ,u4,s4,c4 #ahhe;d2 ,public ,law #if-eaf74 #edhje4 ,policies for review of ,federal research grants 7a7 ,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 #bjaf report entitled ,reducing the ,impact of ,bias in the ,,stem ,workforce and any subsequent updates4 7b7 ,pilot activity ,in consultation with the ,national ,science ,foundation and consistent with policy recommendations referenced in subsection 7a71 each ,federal science agency shall implement a #b-year pilot orientation activity for program officers and members of standing review committees to educate reviewers on research related to1 and minimize the effects of1 implicit bias in the review of extramural and intramural ,federal research grants4 7c7 ,establishment of policies ,drawing upon lessons learned from the pilot activity under subsection 7b71 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 grants4 7d7 ,assessment of policies ,federal science agencies shall regularly assess1 and amend as necessary1 the policies and practices implemented pursuant to subsection 7c7 to ensure effective measures are in place to minimize the effects of implicit bias in the review of extramural and intramural ,federal research grants4 #edhjf4 ,collection of data on demographics of faculty 7a7 ,collection of data 7#a7 ,in general ,not later than #c years after the date of enactment of this ,act1 and at least every #e years thereafter1 the ,director of the ,national ,science ,foundation shall carry out a survey to collect data from grantees on the demographics of ,,stem faculty1 by broad fields of ,,stem1 at different types of institutions of higher education4 7#b7 ,considerations ,to the extent practicable1 the ,director of the ,national ,science ,foundation shall consider1 by gender1 race1 ethnicity1 citizenship status1 and years since completion of doctoral degree-- 7,a7 the number and percentage of faculty2 7,b7 the number and percentage of faculty at each rank2 7,c7 the number and percentage of faculty who are in nontenure-track positions1 including teaching and research2 7,d7 the number and percentage of faculty who are reviewed for promotion1 including tenure1 and the percentage of that number who are promoted1 including being awarded tenure2 7,e7 faculty years in rank2 7,f7 the number and percentage of faculty to leave tenure-track positions2 7,g7 the number and percentage of faculty hired1 by rank2 and 7,h7 the number and percentage of faculty in leadership positions4 7b7 ,existing surveys ,the ,director of the ,national ,science ,foundation1 may1 in modifying or expanding existing ,federal surveys of higher education 7as necessary7-- 7#a7 take into account the considerations under subsection 7a77#b7 by collaborating with statistical centers at other ,federal agencies2 or 7#b7 award a grant or contract to an institution of higher education or other nonprofit organization to take such considerations into account4 7c7 ,reporting data ,the ,director of the ,national ,science ,foundation shall publish statistical summary data collected under this section1 including as part of the ,national ,science ,foundation's report required by section #cg of the ,science and ,technology ,equal ,opportunities ,act 7#db ,u4,s4,c4 #ahhe;d2 ,public ,law #if-eaf74 7d7 ,authorization of appropriations ,there are authorized to be appropriated to the ,director of the ,national ,science ,foundation #c1jjj1jjj in each of fiscal years #bjbb through #bjbd to develop and carry out the initial survey required under subsection 7a74 #edhjg4 ,cultural and institutional barriers to expanding the academic and ,federal ,,stem workforce 7a7 ,best practices at institutions of higher education and ,federal laboratories 7#a7 ,development of guidance ,not later than #ab months after the date of enactment of this ,act1 the ,director1 in consultation with the interagency working group on inclusion in ,,stem1 shall develop written guidance for institutions of higher education and ,federal laboratories on the best practices for-- 7,a7 conducting periodic climate surveys of ,,stem departments and divisions1 with a particular focus on identifying any cultural or institutional barriers to the recruitment1 retention1 or advancement of women1 racial and ethnic minorities1 and other groups historically underrepresented in ,,stem studies and careers2 and 7,b7 providing educational opportunities1 including workshops as described in subsection 7b71 for ,,stem faculty1 research personnel1 and administrators to learn about current research on implicit bias in recruitment1 evaluation1 and promotion of undergraduate and graduate students and research personnel4 7#b7 ,existing guidance ,in developing the guidance under paragraph 7#a71 the ,director shall utilize guidance already developed by ,federal science agencies4 7#c7 ,dissemination of guidance ,federal science agencies shall broadly disseminate the guidance developed under paragraph 7#a7 to institutions of higher education that receive ,federal research funding and ,federal laboratories4 7#d7 ,establishment of policies ,consistent with the guidance developed under paragraph 7#a7-- 7,a7 the ,director of the ,national ,science ,foundation shall develop a policy that-- 7i7 applies to1 at a minimum1 doctoral degree granting institutions that receive ,federal research funding2 and 7ii7 requires each such institution1 not later than #c years after the date of enactment of this ,act1 to report to the ,director of the ,national ,science ,foundation on activities and policies developed and implemented based on the guidance developed under paragraph 7#a72 and 7,b7 each ,federal science agency with a ,federal laboratory shall maintain or develop and implement practices and policies for the purposes described in paragraph 7#a7 for such laboratory4 7b7 ,workshops ,to address cultural barriers to expanding the academic and ,federal ,,stem workforce 7#a7 ,in general ,not later than #f months after the date of enactment of this ,act1 the ,director1 in consultation with the interagency working group on inclusion in ,,stem1 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 education1 senior managers at ,federal laboratories1 and other federally funded researchers about methods that minimize the effects of implicit bias in the career advancement1 including hiring1 tenure1 promotion1 and selection for any honor based in part on the recipient's research record1 of academic and ,federal ,,stem researchers4 7#b7 ,interagency coordination ,the ,director shall1 to the extent practicable1 ensure that workshops supported under this subsection are coordinated across ,federal science agencies and jointly supported as appropriate4 7#c7 ,minimizing costs ,to the extent practicable1 workshops shall be held in conjunction with national or regional ,,stem disciplinary meetings to minimize costs associated with participant travel4 7#d7 ,priority fields for academic participants ,in considering the participation of ,,stem department chairs and other academic researchers1 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 #be percent1 according to the most recent data available from the ,national ,center for ,science and ,engineering ,statistics4 7#e7 ,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 organizations3 7,a7 ,nonprofit scientific and professional societies and organizations that represent one or more ,,stem disciplines4 7,b7 ,nonprofit organizations that have the primary mission of advancing the participation of women1 minorities1 or other groups historically underrepresented in ,,stem4 7#f7 ,characteristics of workshops ,the workshops shall have the following characteristics3 7,a7 ,invitees to workshops shall include at least-- 7i7 the chairs of departments in the relevant ,,stem discipline or disciplines from doctoral degree granting institutions that receive ,federal research funding2 and 7ii7 in the case of ,federal laboratories1 individuals with personnel management responsibilities comparable to those of an institution of higher education department chair4 7,b7 ,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 recruitment1 hiring1 tenure review1 promotion1 and other forms of formal recognition of individual achievement for faculty and other federally funded ,,stem researchers and shall provide strategies to overcome such bias4 7,c7 ,research presentations and other workshop programs1 as appropriate1 shall include a discussion of the unique challenges faced by different underrepresented groups1 including minority women1 minority men1 persons from rural and underserved areas1 persons with disabilities1 gender and sexual minority individuals1 and first generation graduates in research4 7,d7 ,workshop programs shall include information on best practices for mentoring undergraduate1 graduate1 and postdoctoral women1 minorities1 and other students from groups historically underrepresented in ,,stem4 7#g7 ,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-- 7,a7 collect data on the rates of attendance by invitees in workshops1 including information on the home institution and department of attendees1 and the rank of faculty attendees2 7,b7 conduct attitudinal surveys on workshop attendees before and after the workshops2 and 7,c7 collect follow-up data on any relevant institutional policy or practice changes reported by attendees not later than #a year after attendance in such a workshop4 7#h7 ,report to ,,nsf ,organizations receiving funding to carry out workshops under this subsection shall report the data required in paragraph 7#g7 to the ,director of the ,national ,science ,foundation in such form as required by such ,director4 7c7 ,report to ,congress ,not later than #d years after the date of enactment of this ,act1 the ,director of the ,national ,science ,foundation shall submit a report to ,congress that includes-- 7#a7 a summary and analysis of the types and frequency of activities and policies developed and carried out under subsection 7a7 based on the reports submitted under paragraph 7#d7 of such subsection2 and 7#b7 a description and evaluation of the status and effectiveness of the program of workshops required under subsection 7b71 including a summary of any data reported under paragraph 7#h7 of such subsection4 7d7 ,authorization of appropriations ,there are authorized to be appropriated to the ,director of the ,national ,science ,foundation #a1jjj1jjj in each of fiscal years #bjbb through #bjbf to carry out this section4 #edhjh4 ,research and dissemination at the ,national ,science ,foundation 7a7 ,in general ,the ,director of the ,national ,science ,foundation shall award research grants and carry out dissemination activities consistent with the purposes of this subtitle1 including-- 7#a7 research grants to analyze the record-level data collected under section #edhjd and section #edhjf1 consistent with policies to ensure the privacy of individuals identifiable by such data2 7#b7 research grants to study best practices for work-life accommodation2 7#c7 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 subtitle2 7#d7 collaboration with other ,federal science agencies and professional associations to exchange best practices1 harmonize work-life accommodation policies and practices1 and overcome common barriers to work-life accommodation2 and 7#e7 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 practices4 7b7 ,authorization of appropriations ,there are authorized to be appropriated to the ,director of the ,national ,science ,foundation #e1jjj1jjj in each of fiscal years #bjbb through #bjbf to carry out this section4 #edhji4 ,research and related activities to expand ,,stem opportunities 7a7 ,national ,science ,foundation support for increasing diversity among stem faculty at institutions of higher education ,section #cje of the ,american ,innovation and ,competitiveness ,act 7#db ,u4,s4,c4 #ahfbs-#e7 is amended-- 7#a7 by redesignating subsections 7e7 and 7f7 as subsections 7g7 and 7h71 respectively2 and 7#b7 by inserting after subsection 7d7 the following3 7e7 ,support for increasing diversity among ,,stem faculty at institutions of higher education 7#a7 ,in general ,the ,director of the ,foundation shall award grants to institutions of higher education 7or consortia thereof7 for the development and assessment of innovative reform efforts designed to increase the recruitment1 retention1 and advancement of individuals from underrepresented minority groups in academic ,,stem careers4 7#b7 ,merit review2 competition ,grants shall be awarded under this subsection on a merit-reviewed1 competitive basis4 7#c7 ,use of funds ,activities supported by grants under this subsection may include-- 7,a7 institutional assessment activities1 such as data analyses and policy review1 in order to identify and address specific issues in the recruitment1 retention1 and advancement of faculty members from underrepresented minority groups2 7,b7 implementation of institution-wide improvements in workload distribution1 such that faculty members from underrepresented minority groups are not disadvantaged in the amount of time available to focus on research1 publishing papers1 and engaging in other activities required to achieve tenure status and run a productive research program2 7,c7 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 process2 7,d7 development and hosting of intra- or inter-institutional workshops to propagate best practices in recruiting1 retaining1 and advancing faculty members from underrepresented minority groups2 7,e7 professional development opportunities for faculty members from underrepresented minority groups2 7,f7 activities aimed at making undergraduate ,,stem students from underrepresented minority groups aware of opportunities for academic careers in ,,stem fields2 7,g7 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 careers2 and 7,h7 other activities consistent with paragraph 7#a71 as determined by the ,director of the ,foundation4 7#d7 ,selection process 7,a7 ,application ,an institution of higher education 7or a consortium of such institutions7 seeking funding under this subsection shall submit an application to the ,director of the ,foundation at such time1 in such manner1 and containing such information and assurances as such ,director may require4 ,the application shall include1 at a minimum1 a description of-- 7i7 the reform effort that is being proposed for implementation by the institution of higher education2 7ii7 any available evidence of specific difficulties in the recruitment1 retention1 and advancement of faculty members from underrepresented minority groups in ,,stem academic careers within the institution of higher education submitting an application1 and how the proposed reform effort would address such issues2 7iii7 how the institution of higher education submitting an application plans to sustain the proposed reform effort beyond the duration of the grant2 and 7iv7 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 change4 7,b7 ,review of applications ,in selecting grant recipients under this subsection1 the ,director of the ,foundation shall consider1 at a minimum-- 7i7 the likelihood of success in undertaking the proposed reform effort at the institution of higher education submitting the application1 including the extent to which the administrators of the institution are committed to making the proposed reform effort a priority2 7ii7 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 recruitment1 retention1 and advancement of faculty members from underrepresented minority groups2 7iii7 the likelihood that the institution of higher education will sustain or expand the proposed reform effort beyond the period of the grant2 and 7iv7 the degree to which evaluation and assessment plans are included in the design of the proposed reform effort4 7,c7 ,grant distribution ,the ,director of the ,foundation shall ensure1 to the extent practicable1 that grants awarded under this section are made to a variety of types of institutions of higher education4 7#e7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this subsection #h1jjj1jjj for each of fiscal years #bjbb through #bjbf4 4 7b7 ,national ,science ,foundation support for broadening participation in undergraduate ,,stem education ,section #cje of the ,american ,innovation and ,competitiveness ,act 7#db ,u4,s4,c4 #ahfbs-#e71 as amended by subsection 7b71 is further amended by inserting after subsection 7e7 the following3 7f7 ,support for broadening participation in undergraduate ,,stem education 7#a7 ,in general ,the ,director of the ,foundation shall award grants to institutions of higher education 7or a consortium of such institutions7 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 fields4 7#b7 ,merit review2 competition ,grants shall be awarded under this subsection on a merit-reviewed1 competitive basis4 7#c7 ,use of funds ,activities supported by grants under this subsection may include-- 7,a7 implementation or expansion of innovative1 research-based approaches to broaden participation of underrepresented minority groups in ,,stem fields2 7,b7 implementation or expansion of bridge1 cohort1 tutoring1 or mentoring programs1 including those involving community colleges and technical schools1 designed to enhance the recruitment and retention of students from underrepresented minority groups in ,,stem fields2 7,c7 implementation or expansion of outreach programs linking institutions of higher education and ,k-#ab school systems in order to heighten awareness among pre-college students from underrepresented minority groups of opportunities in college-level ,,stem fields and ,,stem careers2 7,d7 implementation or expansion of faculty development programs focused on improving retention of undergraduate ,,stem students from underrepresented minority groups2 7,e7 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 fields2 7,f7 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 unit1 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 education2 7,g7 expansion of opportunities for students from underrepresented minority groups to conduct ,,stem research in industry1 at ,federal labs1 and at international research institutions or research sites2 7,h7 provision of stipends for students from underrepresented minority groups participating in research2 7,i7 development of research collaborations between research-intensive universities and primarily undergraduate minority-serving institutions2 7,j7 support for graduate students and postdoctoral fellows from underrepresented minority groups to participate in instructional or assessment activities at primarily undergraduate institutions1 including primarily undergraduate minority-serving institutions and #b-year institutions of higher education2 and 7,k7 other activities consistent with paragraph 7#a71 as determined by the ,director of the ,foundation4 7#d7 ,selection process 7,a7 ,application ,an institution of higher education 7or a consortia thereof7 seeking a grant under this subsection shall submit an application to the ,director of the ,foundation at such time1 in such manner1 and containing such information and assurances as such ,director may require4 ,the application shall include1 at a minimum-- 7i7 a description of the proposed reform effort2 7ii7 a description of the research findings that will serve as the basis for the proposed reform effort or1 in the case of applications that propose an expansion of a previously implemented reform1 a description of the previously implemented reform effort1 including data about the recruitment1 retention1 and academic achievement of students from underrepresented minority groups2 7iii7 evidence of an institutional commitment to1 and support for1 the proposed reform effort1 including a long-term commitment to implement successful strategies from the current reform beyond the academic unit or units included in the grant proposal2 7iv7 a description of existing or planned institutional policies and practices regarding faculty hiring1 promotion1 tenure1 and teaching assignment that reward faculty contributions to improving the education of students from underrepresented minority groups in ,,stem2 and 7v7 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 change4 7,b7 ,review of applications ,in selecting grant recipients under this subsection1 the ,director of the ,foundation shall consider1 at a minimum-- 7i7 the likelihood of success of the proposed reform effort at the institution submitting the application1 including the extent to which the faculty1 staff1 and administrators of the institution are committed to making the proposed institutional reform a priority of the participating academic unit or units2 7ii7 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 groups2 7iii7 the likelihood that the institution will sustain or expand the proposed reform effort beyond the period of the grant2 and 7iv7 the degree to which evaluation and assessment plans are included in the design of the proposed reform effort4 7,c7 ,grant distribution ,the ,director of the ,foundation shall ensure1 to the extent practicable1 that grants awarded under this subsection are made to a variety of types of institutions of higher education1 including #b-year and minority-serving institutions of higher education4 7#e7 ,education research 7,a7 ,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 institutions4 7,b7 ,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 education1 other ,federal agencies that support ,,stem programs1 non-,federal funders of ,,stem education1 and the general public4 7#f7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this subsection #ae1jjj1jjj for each of fiscal years #bjbb through #bjbf4 4 #edhaj4 ,tribal ,colleges and ,universities ,program 7a7 ,grants ,to broaden tribal college and university student participation in computer science ,section #ebe of the ,america ,,competes ,reauthorization ,act of #bjaj 7#db ,u4,s4,c4 #ahfbp-#ac7 is amended by inserting after subsection 7c7 the following3 7d7 ,grants ,to broaden tribal college and university student participation in computer science 7#a7 ,in general ,the ,director1 as part of the program authorized under this section1 shall award grants on a competitive1 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 coding1 problem-solving1 critical thinking1 creativity and collaboration4 7#b7 ,purpose ,grants awarded under this subsection shall support-- 7,a7 research and development needed to bring computer science and computational thinking courses and degrees to tribal colleges and universities2 7,b7 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 universities2 7,c7 research1 development and evaluation of distance education for computer science and computational thinking courses and degree programs for students attending tribal colleges and universities2 and 7,d7 other activities consistent with the activities described in paragraphs 7#a7 through 7#d7 of subsection 7b71 as determined by the ,director4 7#c7 ,partnerships ,a tribal college or university seeking a grant under this subsection1 or a consortia thereof1 may partner with an institution of higher education or nonprofit organization with demonstrated expertise in academic program development4 7#d7 ,coordination ,in carrying out this subsection1 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 subsection4 7#e7 ,authorization of appropriations ,there are authorized to be appropriated to the ,director of the ,foundation #b1jjj1jjj in each of fiscal years #bjbb through #bjbf to carry out this subsection4 4 7b7 ,evaluation 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,director of the ,national ,science ,foundation shall evaluate the grant program authorized under section #ebe of the ,america ,,competes ,reauthorization ,act of #bjaj 7#db ,u4,s4,c4 #ahfbp-#ac71 as amended4 7#b7 ,requirements ,in conducting the evaluation under paragraph 7#a71 the ,director of the ,national ,science ,foundation shall1 as practicable-- 7,a7 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 #ebe of the ,america ,,competes ,reauthorization ,act of #bjaj 7#db ,u4,s4,c4 #ahfbp-#ac72 7,b7 include an assessment of the effectiveness of such grant programs in expanding access to high quality ,,stem education1 research1 and outreach at tribal colleges and universities1 as applicable2 7,c7 assess the number of students who participated in such grant programs2 and 7,d7 assess the percentage of students participating in such grant programs who successfully complete their education programs4 7#c7 ,report ,not later than #ahj days after the date on which the evaluation under paragraph 7#a7 is completed1 the ,director of the ,national ,science ,foundation shall submit to ,congress and make available to the public1 a report on the results of the evaluation1 including any recommendations for legislative action that could optimize the effectiveness of the grant program authorized under section #ebe of the ,america ,,competes ,reauthorization ,act of #bjaj1 as amended by subsection 7a74 #edhaa4 ,report to ,congress ,not later than #d years after the date of enactment of this ,act1 the ,director shall submit a report to ,congress that includes-- 7#a7 a description and evaluation of the status and usage of policies implemented pursuant to section #edhjc at all ,federal science agencies1 including any recommendations for revising or expanding such policies2 7#b7 with respect to efforts to minimize the effects of implicit bias in the review of extramural and intramural ,federal research grants under section #edhje-- 7,a7 what steps all ,federal science agencies have taken to implement policies and practices to minimize such effects2 7,b7 a description of any significant updates to the policies for review of ,federal research grants required under such section2 and 7,c7 any evidence of the impact of such policies on the review or awarding of ,federal research grants2 and 7#c7 a description and evaluation of the status of institution of higher education and ,federal laboratory policies and practices required under section #edhjg7;a71 including any recommendations for revising or expanding such policies4 #edhab4 ,merit review ,nothing in this subtitle shall be construed as altering any intellectual or broader impacts criteria at ,federal science agencies for evaluating grant applications4 #edhac4 ,definitions ,in this subtitle3 7#a7 ,director ,the term ,director means the ,director of the ,office of ,science and ,technology ,policy4 7#b7 ,federal laboratory ,the term ,federal laboratory has the meaning given such term in section #d of the ,stevenson-,wydler ,technology ,innovation ,act of #aihj 7#ae ,u4,s4,c4 #cgjc74 7#c7 ,federal science agency ,the term ,federal science agency means any ,federal agency with at least #ajj1jjj1jjj in research and development expenditures in fiscal year #bjbb4 7#d7 ,institution of higher education ,the term institution of higher education has the meaning given such term in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a774 7#e7 ,interagency working group on inclusion in ,,stem ,the term interagency working group on inclusion in ,,stem means the interagency working group established by section #cjh of the ,american ,innovation and ,competitiveness ,act 7#db ,u4,s4,c4 #ffbf74 7#f7 ,,stem ,the term ,,stem means science1 technology1 engineering1 and mathematics1 including computer science4 ,,ss ,student ,loan ,fairness ,act #edija4 ,short title ,this title may be cited as the ,student ,loan ,fairness ,act4 #edijb4 ,findings ,congress finds the following3 7#a7 ,a well-educated citizenry is critical to our ,nation's ability to compete in the global economy4 7#b7 ,the ,federal ,government has a vested interest in ensuring access to higher education4 7#c7 ,higher education should be viewed as a public good benefitting our country rather than as a commodity solely benefitting individual students4 7#d7 ,total outstanding student loan debt officially surpassed total credit card debt in the ,united ,states in #bjae1 and now exceeds #a1djj1jjj1jjj1jjj4 7#e7 ,excessive student loan debt is impeding economic growth in the ,united ,states4 ,faced with excessive repayment burdens1 many individuals are unable to start businesses1 invest1 or buy homes4 ,relieving student loan debt would give these individuals greater control over their earnings and would increase entrepreneurship and demand for goods and services4 7#f7 ,because of soaring tuition costs1 students often have no choice but to amass significant debt to obtain an education that is widely considered a prerequisite for earning a living wage4 7#g7 ,amidst rising tuition rates and stagnant grant funding1 many students are forced to supplement ,federal loans with private loans1 which frequently feature higher interest rates with fewer consumer protections4 7#h7 ,a borrower who experiences an extended hardship for whatever reason1 or a borrower who experiences a series of separate hardships over a longer period of time1 will often have no choice but to default on his or her private student loans4 ,opportunities to put such private loans into forbearance are limited4 7#i7 ,during the period of forbearance on private student loans1 interest continues to accrue and is capitalized1 and once the borrower comes out of forbearance1 he or she owes significantly more on the principal of the loan than before the hardship period began4 #edijc4 #aj_/aj ,loan ,repayment and ,forgiveness ,part ,g of title ,,iv of the ,higher ,education ,act of #aife is amended by adding at the end the following3 #dic;,e4 #aj_/aj ,loan ,repayment and ,forgiveness 7a7 #aj_/aj ,loan ,repayment ,plan 7#a7 #aj_/aj ,loan ,repayment ,plan authorized ,notwithstanding any other provision of this ,act1 the ,secretary shall carry out a program 7to be known as the #aj_/aj ,loan ,repayment ,plan7 under which-- 7,a7 a borrower of an eligible loan who is eligible under paragraph 7#c7 may elect to have the borrower's aggregate monthly payment for all such loans not exceed the monthly payment amount described in paragraph 7#b72 7,b7 any interest due and not paid under a monthly payment under this subsection-- 7i7 shall continue to accrue2 and 7ii7 shall be capitalized up to an amount equal to #aj percent of the original principal amount of all the eligible loans that the borrower is repaying under this subsection2 7,c7 any principal due and not paid under a monthly payment under this subsection shall be deferred1 and shall be forgiven in accordance with subsection 7b7 if the borrower meets the requirements for forgiveness under such subsection2 7,d7 the amount of time the borrower makes monthly payments under this subsection may exceed #aj years2 7,e7 a borrower who is repaying an eligible loan pursuant to #aj_/aj ,loan ,repayment under this subsection may elect1 at any time1 to terminate repayment pursuant to #aj_/aj ,loan ,repayment and repay such loan under the standard repayment plan1 in which case the amount of time the borrower is permitted to repay such loans may exceed #aj years2 and 7,f7 the special allowance payment to a lender calculated under section #dch7;b77#b77;,i71 when calculated for a loan in repayment under this section1 shall be calculated on the principal balance of the loan and on any accrued interest unpaid by the borrower in accordance with this section4 7#b7 #aj_/aj ,loan ,repayment monthly payment formula ,a borrower who has elected to participate in the #aj_/aj ,loan ,repayment ,plan under this subsection shall1 during each month the borrower is participating in such ,plan1 make a monthly payment in an amount equal to-- 7,a7 one-twelfth of the amount that is #aj percent of the result obtained by calculating1 on at least an annual basis1 the amount by which-- 7i7 the borrower's1 and the borrower's spouse's 7if applicable71 adjusted gross income2 exceeds 7ii7 #aej percent of the poverty line applicable to the borrower's family size as determined under section #fgc7b7 of the ,community ,services ,block ,grant ,act 7#db ,u4,s4,c4 #iijb7b771 as adjusted by 7iii7 the regional variation in the cost of living 7determined by the ,secretary1 in consultation with the ,bureau of ,economic ,analysis of the ,department of ,commerce and the ,bureau of ,labor ,statistics of the ,department of ,labor7 for the geographic area in which the borrower resides1 so that a borrower residing in a higher cost geographic area will experience a downward trend in such monthly payment amount2 or 7,b7 in the case of a borrower who is in deferment due to an economic hardship described in section #dce7o71 #j4 7#c7 ,eligibility ,the ,secretary shall establish procedures for annually determining the borrower's eligibility for #aj_/aj ,loan ,repayment1 including verification of a borrower's annual adjusted gross income and the annual amount due on the total amount of eligible loans1 and such other procedures as are necessary to effectively implement #aj_/aj ,loan ,repayment under this subsection4 7#d7 ,special rule for married borrowers filing separately ,in the case of a married borrower who files a separate ,federal income tax return1 the ,secretary shall calculate the amount of the borrower's #aj_/aj ,loan ,repayment under this subsection solely on the basis of the borrower's student loan debt and adjusted gross income1 and the regional variation in the cost of living described in paragraph 7#b77;,a77iii74 7b7 #aj_/aj ,loan ,forgiveness 7#a7 ,in general ,the ,secretary shall carry out a program 7to be known as the #aj_/aj ,loan ,forgiveness ,program7 to forgive a qualified loan amount1 in accordance with paragraph 7#c71 on an eligible loan for a borrower who1 after the date that is #aj years prior to the date of enactment of the ,student ,loan ,fairness ,act1 has made #abj monthly payments on the eligible loan pursuant to any one or a combination of the following3 7,a7 ,monthly payment under the #aj_/aj ,loan ,repayment ,plan under subsection 7a74 7,b7 ,monthly payment under any other repayment plan authorized under part ,b or ,d of an amount that1 for a given month1 is not less than the monthly payment amount calculated under subsection 7a7 that the borrower would have owed in the year in which such payment was made1 based on the borrower's adjusted gross income and eligible loan balance for such year4 7,c7 ,for any month after such date during which the borrower is in deferment due to an economic hardship described in section #dce7o71 monthly payment of #j4 7#b7 ,method of loan forgiveness ,to provide loan forgiveness under paragraph 7#a71 the ,secretary is authorized to carry out a program-- 7,a7 through the holder of the loan1 to assume the obligation to repay a qualified loan amount for a loan made1 insured1 or guaranteed under part ,b of this title2 and 7,b7 to cancel a qualified loan amount for a loan made under part ,d of this title4 7#c7 ,qualified loan amount ,after the borrower has made #abj monthly payments described in paragraph 7#a71 the ,secretary shall forgive-- 7,a7 with respect to new borrowers on or after the date of enactment of the ,student ,loan ,fairness ,act1 the sum of-- 7i7 the balance of principal and fees due on the borrower's eligible loans as of the time of such forgiveness1 not to exceed #de1ebj2 and 7ii7 the amount of interest that has accrued on the balance described in clause 7i7 as of the time of such forgiveness2 or 7,b7 with respect to any other eligible borrower1 the balance of principal1 interest1 and fees due on the borrower's eligible loans as of the time of such forgiveness4 7#d7 ,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 #aihf4 7c7 ,supporting documentation required ,a borrower who has elected to participate in the #aj_/aj ,loan ,repayment ,plan under subsection 7a71 or who is requesting forgiveness under the #aj_/aj ,loan ,forgiveness ,program under subsection 7b71 shall provide to the ,secretary such information and documentation as the ,secretary determines1 by regulation1 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 ,program4 7d7 ,definition of eligible loan ,in this section the term eligible loan means any loan made1 insured1 or guaranteed under part ,b or ,d4 4 #edijd4 ,capping interest rates for all ,federal ,direct loans ,section #dee7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;e7b77 is amended-- 7#a7 by redesignating paragraphs 7#i7 and 7#aj7 as paragraphs 7#aj7 and 7#aa71 respectively2 and 7#b7 by inserting after paragraph 7#h7 the following3 7#h7 ,rate of interest for all new ,federal ,direct loans ,notwithstanding any other provision of this ,act1 with respect to a loan under this part for which the first disbursement of principal is made 7or in the case of a ,federal ,direct ,consolidation ,loan1 for which the application is received7 on or after ,october #a1 #bjba1 or the date of enactment of the ,student ,loan ,fairness ,act1 whichever is later1 the applicable rate of interest shall not exceed #c4d percent4 4 #edije4 #aj_/aj ,loan ,repayment ,plan as plan selected by the ,secretary 7a7 ,,ffel ,loans 7#a7 ,in general ,section #dbh7;b77#i7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgh7;b77#i77 is amended-- 7,a7 in subparagraph 7,a7-- 7i7 by striking and at the end of clause 7iv72 7ii7 in clause 7v71 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following new clause3 7vi7 beginning ,october #a1 #bjba1 a #aj_/aj ,loan ,repayment ,plan1 with varying annual repayment amounts based on the discretionary income of the borrower1 in accordance with section #dic;,e4 2 and 7,b7 in subparagraph 7,b71 by striking 7,a77i7 and inserting 7,a77vi74 7#b7 ,effective date ,the amendment made by paragraph 7#a77;,b7 shall be effective beginning ,october #a1 #bjba4 7b7 ,direct ,loans 7#a7 ,in general ,section #dee7;d7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;e7d77 is amended-- 7,a7 in paragraph 7#a7-- 7i7 by striking and at the end of subparagraph 7,d72 7ii7 in subparagraph 7,e71 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following new subparagraph3 7,f7 beginning on ,october #a1 #bjba1 a #aj_/aj ,loan ,repayment ,plan1 with varying annual repayment amounts based on the discretionary income of the borrower1 in accordance with section #dic;,e4 2 and 7,b7 in paragraph 7#b7-- 7i7 by striking may and inserting shall2 and 7ii7 by striking 7,a71 7,b71 or 7,c7 and inserting 7,f74 7#b7 ,effective date ,the amendment made by paragraph 7#a77;,b7 shall be effective beginning ,october #a1 #bjba4 #edijf4 ,improving and expanding ,public ,service ,loan ,forgiveness ,section #dee7m7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;e7m77 is amended-- 7#a7 in paragraph 7#a71 by striking #abj and inserting #fj each place it appears2 and 7#b7 in paragraph 7#c77;,b7-- 7,a7 in clause 7i71 by striking or after the semicolon2 7,b7 in clause 7ii71 by striking the period and inserting 2 or2 and 7,c7 by adding at the end the following3 7iii7 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 ,administration4 4 #edijg4 ,refinancing private education loans for certain borrowers 7a7 ,consolidation for certain borrowers ,section #dee7;g7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;e7g77 is amended-- 7#a7 by striking ,a borrower and inserting the following3 7#a7 ,in general ,a borrower 2 7#b7 by inserting 1 and any loan described in paragraph 7#b7 after ,july #a1 #bjaj2 and 7#c7 by adding at the end the following new paragraph3 7#b7 ,consolidation of private education loans as a ,federal ,direct ,consolidation ,loan for certain borrowers 7,a7 ,in general ,notwithstanding any other provision of law1 a borrower who meets the eligibility criteria described in subparagraph 7,b7 shall be eligible to obtain a ,federal ,direct ,consolidation loan under this paragraph that-- 7i7 shall include an eligible private education loan2 and 7ii7 may include a loan described in section #dbh;,c7a77#d74 7,b7 ,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-- 7i7 was eligible to borrow a loan under section #dbh;,h1 a ,federal ,direct ,unsubsidized ,stafford ,loan1 a loan under section #dbh;,b1 or a ,federal ,direct ,,plus loan for a period of enrollment at an institution of higher education1 or1 with respect to a borrower who was enrolled at an institution of higher education on less than a half-time basis1 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 basis2 7ii7 borrowed at least one eligible private education loan for a period of enrollment described in clause 7i72 and 7iii7 has an average adjusted gross income 7based on the borrower's adjusted gross income from the #c most recent calendar years before application for consolidation under this section7 that is equal to or less than the borrower's total education debt 7determined by calculating the sum of the borrower's loans described in section #dbh;,c7a77#d7 and eligible private education loans7 at the time of such application4 7,c7 ,definition of eligible private education loan ,for purposes of this paragraph1 the term eligible private education loan means a private education loan 7as such term is defined in section #adj of the ,truth in ,lending ,act 7#ae ,u4,s4,c4 #afej77 made on or before the date of enactment of the ,student ,loan ,fairness ,act1 including the amount of outstanding principal1 accrued interest1 and related fees and costs 7as determined by the ,secretary7 owed by a borrower on such a loan4 7,d7 ,purchase of loan ,for each eligible private education loan that a borrower is consolidating under this paragraph1 the ,secretary shall notify the holder that the ,secretary is purchasing the loan1 and the ,secretary shall then purchase such loan1 as described under section #adj;,a of the ,truth in ,lending ,act4 7,e7 ,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 7#a71 except that the applicable rate of interest for a ,federal ,direct ,consolidation loan made under this paragraph shall not exceed #c4d percent4 7,f7 ,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 #fj days after the date of enactment of the ,student ,loan ,fairness ,act1 including notifying such borrowers of the deadline to apply for such a loan under subparagraph 7,g74 7,g7 ,application deadline for loans under this paragraph ,a borrower may apply for loans under this paragraph during the #a-year period beginning on the date of enactment of the ,student ,loan ,fairness ,act4 ,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 period4 7,h7 ,authorization and appropriation ,there are authorized to be appropriated1 and there are appropriated1 such sums as may be necessary to carry out this paragraph4 4 7b7 ,sale of private education loans to the ,government ,chapter #b of the ,truth in ,lending ,act 7#ae ,u4,s4,c4 #afca et seq47 is amended-- 7#a7 by redesignating section #adj;,a as section #adj;,b2 and 7#b7 by inserting after section #adj the following3 #adj;,a4 ,sale of private education loans to the ,government 7a7 ,in general ,the ,bureau shall issue regulations to require a private education lender to sell an eligible private education loan to the ,secretary of ,education1 upon request of the ,secretary1 for purposes of consolidating such loan1 as described under section #dee7;g77#b7 of the ,higher ,education ,act of #aife4 7b7 ,determination of price ,the price paid for a private education loan under subsection 7a7 shall-- 7#a7 include the amount of outstanding principal on the loan1 the amount of accrued interest on the loan1 and any fees or other costs owed by the consumer on the loan2 and 7#b7 be adjusted to account for the time value of such amount4 7c7 ,definitions ,for purposes of this section3 7#a7 ,eligible private education loan ,the term eligible private education loan means a private education loan1 as defined under section #adj7;a71 made on or before the date of enactment of the ,student ,loan ,fairness ,act4 7#b7 ,private education lender ,the term private education lender has the meaning given such term under section #adj7;a74 2 and 7#c7 in the table of contents for such chapter-- 7,a7 by redesignating the item relating to section #adj;,a as item #adj;,b2 and 7,b7 by inserting after the item relating to section #adj the following3 #adj;,a4 ,sale of private education loans to the ,government4 4 7c7 ,conforming amendment ,section #dbh;,c7a77#c77;,b77i77,v7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgh-c7;a77#c77;,b77i77,v77 is amended-- 7#a7 by striking or at the end of item 7bb72 7#b7 by striking the period at the end of item 7cc7 and inserting 2 or2 and 7#c7 by adding at the end the following3 7dd7 for the purpose of consolidating an eligible private education loan under section #dee7;g77#b71 whether such loan is consolidated alone1 with other eligible private education loans1 or with loans described in paragraph 7#d74 4 #edijh4 ,interest-free deferment of unsubsidized loans during periods of unemployment 7a7 ,,ffel ,unsubsidized loan deferment 7#a7 ,section #dbh;,h7e77#b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgh-h7;e77#b77 is amended-- 7,a7 in subparagraph 7,a71 by striking subparagraph 7,c7 and inserting subparagraphs 7,c7 and 7,d72 and 7,b7 by adding at the end the following3 7,d7 ,interest on loans made under this section for which payments are deferred under clause 7ii7 of section #dbh7;b77#a77,m71 for a period of deferment granted to a borrower on or after the date of enactment of the ,student ,loan ,fairness ,act1 shall accrue and be paid by the ,secretary during any period during which loans are so deferred1 not in excess of #c years4 4 7#b7 ,conforming amendment ,section #dbh7;b77#a77,y77iii7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgh7;b77#a77,y77iii77 is amended by inserting 7other than a deferment under clause 7ii7 of such subparagraph on or after the date of enactment of the ,student ,loan ,fairness ,act7 after of this paragraph4 7b7 ,direct ,unsubsidized loan deferment ,section #dee7;f77#a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;e7f77#a77 is amended-- 7#a7 in subparagraph 7,a7-- 7,a7 by striking or at the end of clause 7i72 and 7,b7 by adding at the end the following3 7iii7 a ,federal ,direct ,unsubsidized ,stafford ,loan1 with respect to a period of deferment described in subparagraph 7,b7 of paragraph 7#b7 granted to a borrower on or after the date of enactment of the ,student ,loan ,fairness ,act2 or 2 and 7#b7 in subparagraph 7,b71 by inserting not described in subparagraph 7,a77iii7 after ,unsubsidized ,stafford ,loan4 7c7 ,treatment of consolidation loans ,section #dbh;,c7b77#d77;,c77ii7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgh-c7;b77#d77;,c77ii77 is amended-- 7#a7 by striking or at the end of subclause 7,,ii72 7#b7 by redesignating subclause 7,,iii7 as subclause 7,,iv72 7#c7 by inserting after subclause 7,,ii7 the following3 7,,iii7 by the ,secretary1 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 ,act1 except that the ,secretary shall pay such interest only for a period not in excess of #c years for which the borrower would be eligible for a deferral under clause 7ii7 of section #dbh7;b77#a77,m72 or 2 and 7#d7 in subclause 7,,iv7 7as redesignated by paragraph 7#b771 by striking 7,i7 or 7,,ii7 and inserting 7,i71 7,,ii71 or 7,,iii74 7d7 ,income-,based repayment ,section #dic;,c7b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajihc7;b77-- 7#a7 in paragraph 7#c7-- 7,a7 in subparagraph 7,a71 by striking and after the semicolon2 7,b7 by redesignating subparagraph 7,b7 as subparagraph 7,c72 7,c7 by inserting after subparagraph 7,a7 the following3 7,b7 shall1 on subsidized and unsubsidized loans1 be paid by the ,secretary for a period of not more than #c years during which the borrower is eligible for a deferment due to unemployment described in section #dee7;f77#b77;,b7 7regardless of whether the student is in such a deferment71 except that-- 7i7 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 ,act2 and 7ii7 in the case of a subsidized loan1 such period shall not include any period described in subparagraph 7,a7 or any period during which the borrower is in deferment due to an economic hardship described in section #dce7o72 and 2 and 7,d7 in subparagraph 7,c7 7as so redesignated by subparagraph 7,b77-- 7i7 in clause 7i71 by striking subparagraph 7,a7 and inserting subparagraphs 7,a7 and 7,b72 and 7ii7 in clause 7ii71 by inserting 1 subject to subparagraph 7,b71 after unsubsidized loan2 7#b7 by striking and at the end of paragraph 7#h72 7#c7 by striking the period at the end of paragraph 7#i7 and inserting 2 and2 and 7#d7 by adding at the end the following new paragraph3 7#aj7 the amount of the principal and interest on a borrower's loans repaid or canceled under paragraph 7#g7 shall not be included in the gross income of the borrower for purposes of the ,internal ,revenue ,code of #aihf4 4 #ediji4 ,excluding loans forgiven under certain repayment programs from gross income ,section #dee7;e77#b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;e7e77#b77 is amended-- 7#a7 in the paragraph heading1 by inserting and forgiveness after repayment2 and 7#b7 by adding at the end the following3 ,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 #aihf44 ,,tt ,financial ,aid ,fairness ,for ,students ,act #eejja4 ,short title ,this title may be cited as the ,financial ,aid ,fairness for ,students ,act or the ,,fafsa ,act4 #eejjb4 ,findings ,congress finds the following3 7#a7 ,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 color4 7#b7 ,under current law1 individuals with drug-related offenses are precluded from accessing ,federal grants1 loans1 and work-study aid pursuant to section #dhd7r7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajia7r771 commonly referred to as the ,aid ,elimination ,penalty4 7#c7 ,the ,free ,application for ,federal ,student ,aid 7,,fafsa7 screens applicants for ,federal financial aid based on her or his history of drug offenses4 7#d7 ,given that criminal sentencing laws in the ,united ,states disproportionately impact racial minorities and low-income communities1 the ,aid ,elimination ,penalty may disproportionately hinder these same groups from accessing ,federal financial aid4 7#e7 ,recognizing that an educated citizenry is the powerhouse of the ,nation1 that higher education allows ,americans to access well-paying jobs1 healthcare1 strong interpersonal relationships and a higher quality of life1 the ,federal ,government should incentivize the pursuit of higher education while ensuring equality of opportunity4 #eejjc4 ,repeal of suspension of eligibility under the ,higher ,education ,act of #aife for grants1 loans1 and work assistance for drug-related offenses 7a7 ,repeal ,subsection 7r7 of section #dhd of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajia7r77 is repealed4 7b7 ,revision of ,,fafsa form ,section #dhc of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajij7 is amended by adding at the end the following3 7i7 ,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 7or any other form developed under subsection 7a774 4 7c7 ,conforming amendments ,the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja et seq47 is amended-- 7#a7 in section #dbh7;b77#c7 7#bj ,u4,s4,c4 #ajgh7;b77#c77-- 7,a7 in subparagraph 7,c71 by striking #dhe7l7 and inserting #dhe7k72 and 7,b7 in subparagraph 7,d71 by striking #dhe7l7 and inserting #dhe7k72 7#b7 in section #dce7;d77#e7 7#bj ,u4,s4,c4 #ajhe7;d77#e77-- 7,a7 in subparagraph 7,e71 by striking #dhe7l7 and inserting #dhe7k72 and 7,b7 in subparagraph 7,f71 by striking #dhe7l7 and inserting #dhe7k72 7#c7 in section #dhd 7#bj ,u4,s4,c4 #ajia7-- 7,a7 by striking subsection 7r72 and 7,b7 by redesignating subsections 7s7 and 7t7 as subsections 7r7 and 7s71 respectively2 7#d7 in section #dhe 7#bj ,u4,s4,c4 #ajib7-- 7,a7 by striking subsection 7k72 and 7,b7 by redesignating subsections 7l7 and 7m7 as subsections 7k7 and 7l71 respectively2 and 7#e7 in section #dhg7;e77#b77;,b77ii77,,iv7 7#bj ,u4,s4,c4 #ajid7;e77#b77;,b77ii77,,iv771 by striking 7l7 of section #dhe and inserting 7k7 of section #dhe4 ,,uu ,supporting the ,teaching ,profession ,through ,revitalizing ,investments in ,valuable ,educators #eeaja4 ,short title and findings 7a7 ,short title ,this subtitle may be cited as the ,supporting the ,teaching profession through ,revitalizing ,investments in ,valuable ,educators ,act or the ,,strive ,act4 7b7 ,findings ,congress finds the following3 7#a7 ,states identified significant teacher shortages in their reports to the ,department of ,education during the #bjag-bjah school year1 with #df ,states and the ,district of ,columbia identifying shortages in special education1 #dg ,states and the ,district of ,columbia identifying teacher shortages in mathematics1 #dc ,states identifying teacher shortages in science1 #cb ,states identifying shortages in teachers of ,english learners1 and #cb ,states identifying teacher shortages in career and technical education4 ,one reason for the shortages in these areas is because mathematics and science teachers can earn significantly higher starting salaries in the private sector4 ,further1 rural communities face limitations in recruiting and retaining teachers for reasons such as funding issues1 limited teacher supply1 and geographic isolation4 7#b7 ,students in high-poverty and high-minority schools1 both urban and rural1 typically feel the largest impact of teacher shortages4 ,these schools often experience difficulty hiring and high turnover on a regular basis1 and they are the most severely affected when teacher shortages become widespread4 ,this happens1 in part1 because inequitable funding of schools leaves many low-wealth urban and rural communities with inadequate resources1 so they must pay lower salaries and typically have poorer working conditions4 7#c7 ,according to a study by ,mathematica1 when high-performing teachers were offered large financial incentives to transfer to low-performing schools1 their students' scores climbed #aj points in reading and #i points in math compared to students statewide over #b years4 7#d7 ,according to a survey conducted by ,scholastic1 #ig percent of teachers list supportive school leadership as essential or very important for retaining strong teachers and improving student achievement1 more than any other factor4 7#e7 ,research suggests that incurring postsecondary education debt can decrease the likelihood that high-achieving students1 lower-income students1 and students of color choose to work in lower-wage professions in general1 especially in the education system4 ,therefore1 loan forgiveness and service scholarships for educators may be especially effective for recruiting teachers and school leaders from diverse1 lower-income backgrounds4 7#f7 ,according to the ,learning ,policy ,institute1 teacher loan forgiveness and service scholarship programs can be successful in both recruiting and retaining teachers4 ,to be effective1 these programs should provide a financial benefit that meaningfully offsets the cost of a teacher's professional preparation4 ,this includes covering licensing and certification costs4 7#g7 ,a #bjae ,government ,accountability ,office study and a #bjah follow up study by the ,department of ,education of ,federal grant and loan forgiveness programs for teachers found that the structure of these programs matters4 ,further research shows effective loan forgiveness and service scholarship programs follow #e design principles4 ,these programs-- 7,a7 cover all or a large percentage of tuition2 7,b7 target high-need fields or schools1 or both2 7,c7 recruit candidates who are academically strong1 committed to teaching1 and well-prepared2 7,d7 commit recipients to teach with reasonable incentives to fulfill their commitment2 and 7,e7 are bureaucratically manageable for participating teachers1 local educational agencies1 and institutions of higher education4 7#h7 ,the ,,teach grant program under subpart #i of part ,a of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;g et seq47 provides up to #af1jjj in grants to prospective teachers who agree to teach in low-income schools and high-need subject areas for #d years4 ,this is far below the ,department of ,education's most recent estimate of the average annual cost of approximately #be1dji in tuition1 fees1 and room and board at the average full-time undergraduate #d-year institution4 7#i7 ,the ,national ,center for ,education ,statistics found that more than #b_/c of the individuals entering the education field borrow money to pay for their higher education4 ,teachers with a bachelor's degree have an average debt of #bj1jjj and teachers with a master's degree have an average debt of #ej1jjj4 ,teachers also start out earning #bj percent less than their peers with comparable degrees who pursue jobs outside of education4 ,according to a report by the ,center for ,american ,progress1 in more than #cj ,states1 a mid-career teacher heading a family of #d is eligible for several forms of government assistance1 including the free and reduced-price lunch program for their children4 ,these compounding factors can disincentivize prospective teachers from entering the profession4 7#aj7 ,in evaluating the ,,teach grant program1 the ,government ,accountability ,office found that almost #b_/c of the requests for assistance under the program from ,october #bjaa through ,march #bjad cited problems submitting certification paperwork4 ,the ,government ,accountability ,office recommended improvements in the program's design1 including reducing burdensome annual paperwork1 increasing awareness about the program1 and streamlining the dispute process4 7#aa7 ,spending by teachers on school supplies adds up to #a1fjj1jjj1jjj per year nationally4 ,according to the ,education ,market ,association1 most teachers spend around #ejj1 with #aj percent spending #a1jjj or more4 7#ab7 ,teacher quality partnerships are designed to strengthen higher education-based teacher and school leader preparation4 ,studies show that teachers who are better prepared to enter the classroom stay longer and perform better than their underprepared peers4 ,teacher quality partnerships also fund programs like induction and mentoring that have been shown to increase teacher and school leader retention4 ,research indicates that the ongoing support for teachers provided by teacher quality partnerships1 including mentoring and coaching1 is an important part of early childhood education programs4 7#ac7 ,according to the ,center for ,education ,data and ,research1 a more diverse teaching workforce leads to better student outcomes1 particularly in high-poverty environments with significant at-risk student populations4 ,further1 researchers from ,vanderbilt ,university found that greater racial and ethnic diversity in the principal corps benefits students1 especially children of color4 ,three commonly cited rationales for this benefit are-- 7,a7 students of color benefit from seeing minority adult role models in a position of authority2 7,b7 the higher expectations that teachers of color tend to place on students of color2 and 7,c7 the effect of cultural differences between teachers of different backgrounds on instructional strategies and interpretation of students' behavior4 7#ad7 ,according to the report entitled ,empowered ,educators3 ,how ,leading ,nations ,design ,systems for ,teaching ,quality1 effective teacher preparation successfully integrates theory and practice components4 ,further1 according to the ,preparing ,teachers for a ,changing ,world report sponsored by the ,national ,academy ,foundation1 highly effective teachers vary in styles1 yet have many teaching strategies in common4 ,research has identified a set of knowledge1 skills1 and dispositions essential for beginning teachers that should be incorporated into the teacher education curriculum4 ,this includes the opportunity and capacity to reflect on and evaluate skills and to learn from practice4 ,evidence-based teacher preparation includes developing teacher skills1 content knowledge1 inquiry1 and the capacity to provide effective learning experiences for a diverse set of students4 7#ae7 ,as it does in medicine1 the ,federal ,government should maintain a substantial1 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 #d years1 as candidates are much more likely to remain in the profession and to make a difference for student achievement after #c years of teaching4 ,state governments can augment such an approach with programs targeted to specific local needs4 7#af7 ,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 practices4 ,cultural competence is both a moral and ethical responsibility to create a welcoming environment for students to succeed4 ,the impact of having educators who have the ability to challenge and motivate diverse student populations can dramatically improve our educational system and student outcomes4 #a ,improving teacher support under the ,elementary and ,secondary ,education ,act of #aife #eeaaa4 ,mandatory funding for programs preparing1 training1 and recruiting high-quality teachers1 principals1 or other school leaders ,section #bjjc of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ffjc7 is amended-- 7#a7 in the section heading1 by striking ,authorization of appropriations and inserting ,funding2 and 7#b7 by striking subsection 7a7 and inserting the following3 7a7 ,appropriations for part ,a 7#a7 ,in general ,for fiscal year #bjbj and each subsequent fiscal year1 there are authorized to be appropriated1 and there are appropriated1 out of any funds not otherwise appropriated1 #c1bjj1jjj1jjj to carry out part ,a4 7#b7 ,reservation for mentoring grants ,for each fiscal year for which the total amount appropriated under paragraph 7#a7 is greater than #b1bjj1jjj1jjj1 the ,secretary shall1 after making any reservations under section #baja7;a71 reserve #ej percent of the additional amount to establish a grant program that awards grants1 on a competitive basis1 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 ,states4 7#c7 ,reservation for professional development grants ,for each fiscal year for which the total amount appropriated under paragraph 7#a7 is greater than #b1bjj1jjj1jjj the ,secretary shall1 after making any reservations under section #baja7;a71 reserve #aj percent of the additional amount to award grants to ,states1 based on allotments through a formula determined by the ,secretary to best accomplish the purposes of this title1 to enable such ,states to establish or enhance professional development in-service and pre-service opportunities for school leaders1 including efforts to recruit and retain school leaders who are underrepresented in the school leader profession1 such as members of racial and ethnic minority groups4 7#d7 ,additional amount ,in this subsection1 the term additional amount means the amount by which the funds appropriated under paragraph 7#a7 for a fiscal year exceeds #b1bjj1jjj4 4 #b ,teacher loan forgiveness programs #eeaba4 ,teacher loan forgiveness programs and grants 7a7 ,repayment plan for qualifying teachers 7#a7 ,in general ,section #dee of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;e7 is amended by adding at the end the following3 7r7 ,repayment plan for qualifying teachers 7#a7 ,in general ,the ,secretary shall cancel a portion1 in accordance with paragraph 7#b71 of the balance of interest and principal due on any eligible ,federal ,direct ,loan not in default for a borrower who1 in a #ab-month time period-- 7,a7 has made #ab consecutive on-time monthly payments on the eligible ,federal ,direct ,loan1 in an amount equal to or greater than the amount of payments for the borrower under an income-based repayment plan under section #dic;,c 7regardless 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 ,act72 and 7,b7 7i7 is employed in a qualifying teaching position1 regardless of subject matter area1 at the time of such forgiveness2 and 7ii7 has been employed in a qualifying teaching position1 regardless of subject matter area1 during the period in which the borrower made each of the #ab payments described in subparagraph 7,a74 7#b7 ,loan cancellation amount 7,a7 ,in general ,the portion to be cancelled under this paragraph shall be-- 7i7 for each of-- 7,i7 the first #e years that the borrower qualifies under paragraph 7#a71 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 language1 science1 technology1 engineering1 mathematics1 special education1 or career and technical education1 #ae percent of the balance of principal and interest due on all of the eligible ,federal ,direct ,loans of the borrower1 as of the final day of that #a-year employment period2 or 7,,ii7 the first #f years 7or the equivalent calculated under subparagraph 7,b77i77 that the borrower qualifies under paragraph 7#a7-- 7aa7 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 7,i71 #aj percent of the balance of principal and interest due on all of the eligible ,federal ,direct ,loans of the borrower1 as of the final day of that #a-year employment period2 or 7bb7 in the case of a borrower employed for such year in a part-time qualifying teaching position 7regardless of subject71 #e percent of the balance of principal and interest due on all of the eligible ,federal ,direct ,loans of the borrower1 as of the final day of that #a-year employment period2 and 7ii7 after the borrower has received partial loan cancellation described in clause 7i7-- 7,i7 for #e years1 in the case of a borrower described in clause 7i77,i71 and then qualifies for loan cancellation under paragraph 7#a7 for a sixth year1 all of the borrower's remaining obligation to repay the balance of principal and interest due1 as of the date of such calculation1 on all of the eligible ,federal ,direct ,loan made to a borrower2 or 7,,ii7 for #f years 7or the equivalent calculated under subparagraph 7,b77i771 in the case of a borrower described in clause 7i77,,ii71 and then qualifies for loan cancellation under paragraph 7#a7 for a seventh year 7or the equivalent calculated under subparagraph 7,b77ii771 all of the borrower's remaining obligation to repay the balance of principal and interest due1 as of the date of such calculation1 on all of the eligible ,federal ,direct ,loan made to a borrower4 7,b7 ,special rule regarding part-time teaching 7i7 ,general rule ,in the case of a borrower who qualifies for loan cancellation under subparagraph 7,a7 for one or more years through a part-time qualifying teaching position1 the ,secretary shall determine when the equivalent of #f years of partial cancellation for full-time employment has been met for purposes of subparagraph 7,a77ii77,,ii7 by giving the borrower credit for one-half of a year for each year that the borrower receives partial part-time cancellation under subparagraph 7,a77i77,,ii77bb74 7ii7 ,rule for final cancellation ,a borrower who wishes to complete the equivalent of the seventh year of teaching necessary for complete cancellation under subparagraph 7,a77ii77,,ii7 through employment in a part-time qualifying teaching position-- 7,i7 shall be required to qualify for loan cancellation through a part-time qualifying teaching position for #b additional years2 and 7,,ii7 notwithstanding subparagraph 7,a71 shall receive partial cancellation1 in accordance with subparagraph 7,a77i77,,ii77bb71 for the first of such #b years4 7,c7 ,change in subject taught ,in any case where a teacher first qualifies for loan cancellation under subparagraph 7,a77i77,,ii7 and then1 in a subsequent year1 teaches in a full-time qualifying teaching position in a subject described in subparagraph 7,a77i77,i71 the percentage of loan forgiveness provided to the teacher for each academic year of full-time teaching in such a subject shall be #ae percent1 until the teacher qualifies for cancellation in the seventh year under subparagraph 7,a77ii77,,ii74 7#c7 ,eligibility provisions 7,a7 ,certification ,a borrower who desires to participate in the repayment plan under this subsection shall submit to the ,secretary an employer certification1 as required by the ,secretary1 of the employment dates for the qualifying service4 7,b7 ,ineligibility for double benefits 7i7 ,in general ,no borrower may1 for the same service1 receive a reduction of loan obligations under both this subsection and section #dbh;,j1 #dbh,k1 #dbh,l1 or #dfj4 7ii7 ,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 #aiij 7#db ,u4,s4,c4 #abfja et seq47 toward the payments required under paragraph 7#a74 7,c7 ,continued eligibility ,a teacher who is employed1 for consecutive years 7excluding a documented medical leave of absence or military service71 in a qualifying teaching position at a school that meets the requirements of paragraph 7#f77;,c77i7 for a school year but fails to meet such requirements in subsequent years1 shall be deemed to be in a qualifying teaching position1 for purposes of this subsection1 for all of the consecutive subsequent years during which the teacher remains at the school4 7#d7 ,state certification 7,a7 ,state responsibilities ,each ,state educational agency that receives assistance under part ,a of title ,i of the ,elementary and ,secondary ,education ,act of #aife shall provide to the ,secretary an annual list of the elementary schools and secondary schools in the ,state that meet the requirements of subclauses 7,i7 and 7,,ii7 of paragraph 7#f77;,c77i74 7,b7 ,dissemination of school lists ,the ,secretary shall-- 7i7 in coordination with the ,secretary of the ,interior1 develop a list of elementary schools and secondary schools that meet the requirement of paragraph 7#f77;,c77i77,,iii72 and 7ii7 make the lists developed under clause 7i7 and provided under subparagraph 7,a7 easily accessible for applicants and recipients of ,,teach ,grants4 7#e7 ,special deferral 7,a7 ,in general ,in addition to any deferment for which a borrower of an eligible ,federal ,direct ,loan may be eligible under section #dee7;f71 a borrower shall be eligible for deferment1 as described in section #dee7;f77#a71 for a period not in excess of #b years if-- 7i7 the borrower has qualified for partial loan forgiveness under paragraph 7#a7 for the immediately preceding year2 and 7ii7 the borrower is unable to continue working in a qualified teaching position during the period of deferment1 due to-- 7,i7 extenuating or unforeseen financial circumstances or health reasons2 or 7,,ii7 other extraordinary circumstances as determined by the ,secretary4 7#f7 ,definitions ,in this subsection3 7,a7 ,eligible ,federal direct loan ,the term eligible ,federal ,direct ,loan means a ,federal ,direct ,stafford ,loan1 ,federal ,direct ,,plus ,loan1 ,federal ,direct ,unsubsidized ,stafford ,loan1 or ,federal ,direct ,consolidation ,loan4 7,b7 ,part-time ,the term part-time1 when used in reference to a teacher for a particular school year1 means a teacher who works in such year a number of hours that is not less than #ej percent1 but less than #ajj percent1 of the hours worked by an average full-time teacher in the local educational agency that serves the area where the teacher is employed4 7,c7 ,qualifying teaching position ,the term qualifying teaching position means part-time or full-time employment 7not including a short-term substitute teaching assignment7-- 7i7 in-- 7,i7 a public or nonprofit private elementary school or secondary school that1 for the purpose of this subparagraph and for that year-- 7aa7 has been determined by the ,secretary 7pursuant to regulations of the ,secretary and after consultation with the ,state educational agency of the ,state in which the school is located7 to be a school in which the number of children meeting a measure of poverty under section #aaac7;a77#e7 of the ,elementary and ,secondary ,education ,act of #aife1 exceeds #gj percent of the total number of children enrolled in such school2 and 7bb7 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 #aife2 7,,ii7 a public or nonprofit private elementary school or secondary school served by an educational service agency1 or a location operated by an educational service agency1 that1 for the purpose of this subparagraph and for that year1 has been determined by the ,secretary 7pursuant to regulations of the ,secretary and after consultation with the ,state educational agency of the ,state in which the educational service agency operates7 to be a school or location at which the number of children taught who meet a measure of poverty under section #aaac7;a77#e7 of the ,elementary and ,secondary ,education ,act of #aife1 exceeds #cj percent of the total number of children taught at such school or location2 7,,iii7 an elementary school or secondary school that is funded by the ,bureau of ,indian ,education2 or 7,,iv7 in the case of an individual who is an early childhood educator1 an early childhood education program2 7ii7 through which the individual provides direct classroom teaching1 or classroom-type teaching in a nonclassroom setting1 including-- 7,i7 special education teachers2 7,,ii7 career and technical education teachers2 7,,iii7 teachers in the field of science1 technology1 engineering1 mathematics1 or other subjects2 7,,iv7 early childhood educators2 7,v7 ,english as a second language teachers2 and 7,,vi7 teachers of a ,native ,american language 7as defined in section #ajc of the ,native ,american ,languages ,act 7#be ,u4,s4,c4 #bijb772 and 7iii7 with respect to which the individual meets the requirements of an effective teacher or effective early childhood educator1 as determined by the ,state in accordance with part ,a of title ,i and title ,,ii of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcaa et seq41 #ffja et seq474 4 7#b7 ,effective date ,the amendment made by this subsection shall be effective on the date that is #a year after the date of enactment of this ,act4 7b7 ,tax treatment of cancellation of student loans 7#a7 ,in general ,subsection 7f7 of section #ajh of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new paragraph3 7#f7 ,cancellations under ,,strive ,act teacher loan forgiveness programs ,in the case of an individual1 gross income does not include any amount which 7but for this subsection7 would be includible in gross income for the taxable year by reasons of the cancellation 7in whole or in part7 under section #dee7r7 of the ,higher ,education ,act of #aife of any eligible ,federal ,direct ,loan 7as defined in section #dee7r77#f77;,a7 of such ,act74 4 7#b7 ,effective date ,the amendment made by this subsection shall apply to cancellations of indebtedness after the date that is #a year after the date of the enactment of this ,act4 #eeabb4 ,,teach ,grants 7a7 ,amendments ,subpart #i of part ,a of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;g et seq47 is amended-- 7#a7 in section #dbj,l 7#bj ,u4,s4,c4 #ajgj;g71 by striking paragraph 7#a7 and inserting the following3 7#a7 ,eligible institution ,the term eligible institution has the meaning given the term teacher1 principal1 or other school leader preparation academy in section #bjjb of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ffjb74 2 and 7#b7 in section #dbj,n 7#bj ,u4,s4,c4 #ajgj;g-#b7-- 7,a7 in the matter preceding clause 7i7 of subsection 7a77#b77;,b71 by inserting 1 including an early childhood teacher 7defined in this section as a teacher who has primary responsibility for the learning and development of children within an early childhood education program71 after prospective teacher2 7,b7 in subsection 7c7-- 7i7 by striking ,service and all that follows through event and inserting the following3 ,service4-- 7#a7 ,in ,general ,in the event 2 7ii7 by inserting paragraph 7#b7 and the after in accordance with2 and 7iii7 by adding at the end the following3 7#b7 ,partial forgiveness of repayment ,in the event that a recipient described in paragraph 7#a7 has fulfilled a portion of the service obligation in the agreement under subsection 7b71 the amount that is treated as a ,federal ,direct ,unsubsidized ,stafford ,loan under part ,d of title ,,iv and subject to repayment 7together with the interest thereon7 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 7b74 2 and 7,c7 in subsection 7d7-- 7i7 by redesignating paragraphs 7#a7 and 7#b7 as paragraphs 7#b7 and 7#c71 respectively2 7ii7 in paragraph 7#b71 as redesignated by clause 7i71 by striking subsection 7b77#a77;,c77vii7 and inserting paragraph 7#a72 and 7iii7 by inserting before paragraph 7#b71 as redesignated by clause 7i71 the following3 7#a7 ,high-,need ,designation ,the ,secretary shall develop1 periodically update1 and publish a list of designated high-need fields for purposes of this subpart4 4 7b7 ,simplification of the application process and streamlining the ,,teach grant dispute process ,section #dbj,p of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;g-#d7 is amended-- 7#a7 in the section heading1 by inserting 2 program improvement after ,program report2 7#b7 by striking ,not later and inserting the following3 7a7 ,program report ,not later 2 and 7#c7 by adding at the end the following3 7b7 ,program improvement ,by not later than #f months after the date of enactment of the ,supporting the ,teaching profession through ,revitalizing ,investments in ,valuable ,educators ,act1 and periodically thereafter1 the ,secretary shall-- 7#a7 work with ,states to identify and implement a process for increasing awareness of1 and simplifying the application process for-- 7,a7 ,,teach ,grants2 7,b7 loan forgiveness1 in accordance with section #dbj,n7c77#b71 for any amount of a ,,teach ,grant to a student that is converted to a loan under section #dbj,n7c77#a72 and 7,c7 waivers of the service obligation for ,,teach ,grants1 in accordance with section #dbj,n7d77#c72 and 7#b7 7,a7 review the procedures1 including the dispute resolution procedures1 of the process through which the service obligation of a recipient of a ,,teach grant is converted to a loan under section #dbj,n7c77#a7 or waived under section #dbj,n7d77#c72 and 7,b7 disseminate and make publicly available and easily accessible to the appropriate audiences clear1 consistent information on the procedures1 including-- 7i7 an explanation that recipients have an option to dispute the conversion or waiver decision2 7ii7 how a recipient can initiate a dispute2 and 7iii7 the specific criteria considered in the adjudicating process4 4 7c7 ,data regarding ,federal loan forgiveness and service scholarship programs ,each year1 the ,secretary of ,education shall prepare and make publicly available data on the ,federal loan forgiveness and service scholarship programs administered by the ,secretary1 including1 for each program and for the most recent year for which data are available1 the rates of loan cancellation under such program1 the rates of completion of any service requirement required for the program1 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 obligation4 7d7 ,effective date ,this section1 and the amendments made by this section1 shall take effect on ,july #a1 #bjbj4 #eeabc4 ,program ,to subsidize teacher certification and licensing fees 7a7 ,in general ,subpart #i of part ,a of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;g et seq471 as amended by this subtitle1 is further amended by adding at the end the following3 #dbj,q4 ,program to subsidize teacher certification and licensing fees 7a7 ,definitions ,in this section3 7#a7 ,low-income individual ,the term low-income individual has the meaning given the term in section #djb;,a7h74 7#b7 ,teaching profession ,the term teaching profession includes elementary education1 secondary education1 and early childhood education4 7b7 ,program authorized ,from amounts appropriated under subsection 7f71 the ,secretary shall award grants1 from allotments under subsection 7c71 to institutions of higher education to subsidize teacher certification and licensing fees for low-income individuals who have accepted a teaching position4 7c7 ,allotments ,for each fiscal year1 an institution of higher education that has submitted a complete application under subsection 7d7 shall receive an allotment that bears the same relation to the amounts appropriated under subsection 7f7 as the number of low-income students that graduated from the institution of higher education1 in the most recent year for which data are available 7as determined by the ,secretary71 bears to the total number of low-income students graduating1 in such most recent year1 from all institutions of higher education that have submitted applications4 7d7 ,application ,an institution of higher education desiring an allotment under this section shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7e7 ,use of funds 7#a7 ,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 profession1 or in the early stages of their teaching career1 who attend a teacher preparation program in the ,state in which the institution is located1 which may include fees for-- 7,a7 additional certification or licensure for the individual in a high-need field included on the list described in section #dbj,n7d77#a72 7,b7 ,national ,board certification2 7,c7 maintaining active status with a professional disciplinary organization aligned with the high-need field included on the list described in section #dbj,n7d77#a72 or 7,d7 in the case of early childhood educators1 further education necessary in order to become highly competent and successfully take such examination or obtain such certification or licensure 7such as ,english as a second language classes1 community college courses1 and continuing and distance education74 7#b7 ,priority in reimbursement ,an institution of higher education receiving an allotment under this section shall1 in reimbursing or subsidizing fees in accordance with paragraph 7#a71 give a priority to teachers and early childhood educators who are members of populations underrepresented in the teaching or early childhood care profession1 respectively4 7f7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section #ej1jjj1jjj for fiscal year #bjbj and each of the #e succeeding fiscal years4 4 7b7 ,effective date ,the amendment made by this section shall take effect on ,july #a1 #bjbj4 ,,vi ,teacher ,quality ,partnerships #eebja4 ,purpose ,the purposes of this title are-- 7#a7 to ensure that early childhood educators have the financial and academic support needed to remain in the profession2 and 7#b7 to strengthen the quality of early childhood education teaching supports4 #eebjb4 ,providing access for early childhood educators and school leaders to training programs 7a7 ,definition of early childhood education program ,section #ajc7h77;,c77i7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjc7h77;,c77i77 is amended by striking age six and inserting age six1 or the age of entry into elementary school1 and4 7b7 ,broadening definitions ,section #bjj of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajba7 is amended-- 7#a7 in paragraph 7#d71 by inserting and includes an individual employed as a master teacher1 lead teacher1 or classroom aide before the period at the end2 7#b7 in paragraph 7#f77;,a77ii77,,ii71 by striking as applicable12 7#c7 in paragraph 7#ad7-- 7,a7 in the matter preceding subparagraph 7,a7-- 7i7 by inserting 1 and for new early childhood educators during not less than the educators' first two years of teaching1 after two years of teaching2 and 7ii7 by inserting or beginning early childhood educators after beginning teachers2 7,b7 in subparagraph 7,a71 by striking teacher mentoring and inserting teacher and educator mentoring2 7,c7 in subparagraph 7,b7-- 7i7 by inserting or early childhood educators1 as the case may be1 after with teachers2 7ii7 by striking mentor teachers and inserting mentor teachers or early childhood educators2 and 7iii7 by inserting or early childhood educators after among teachers2 7,d7 in subparagraph 7,d71 by striking new teachers and inserting new teachers and new early childhood educators2 7,e7 in subparagraph 7,f77ii71 by inserting and early childhood educators after teachers2 7,f7 in subparagraph 7,g7-- 7i7 by inserting and exemplary early childhood educators after exemplary teachers2 and 7ii7 by inserting and early childhood educators after new teachers2 and 7,g7 in subparagraph 7,i71 by inserting and early childhood educators after new teachers2 7#d7 in paragraph 7#ba7-- 7,a7 in the paragraph heading1 by striking ,teacher mentoring and inserting ,teacher and educator mentoring2 7,b7 in the matter preceding subparagraph 7,a7-- 7i7 by striking teacher mentoring and inserting teacher and educator mentoring2 and 7ii7 by inserting and early childhood educators after prospective teachers2 7,c7 in subparagraph 7,a71 by striking teacher mentors and inserting mentor teachers or1 in the case of prospective early childhood educators1 mentor early childhood educators12 and 7,d7 in subparagraph 7,c71 by inserting 1 or in a high-need early childhood education program1 after local educational agency2 and 7#e7 in paragraph 7#bb7-- 7,a7 in the paragraph heading1 by striking teaching residency program and inserting teacher and educator residency program2 7,b7 in the matter preceding subclause 7,a7-- 7i7 by striking teaching residency program and inserting teacher or educator residency program2 7ii7 by inserting 1 or an early childhood education program-based preparation program for early childhood educators1 after teacher preparation program2 and 7iii7 by inserting or early childhood educator after prospective teacher2 7,c7 in subparagraph 7,a71 by striking mentor teacher and inserting mentor teacher or early childhood educator2 7,d7 in subparagraph 7,b71 by inserting or early childhood educator after the teacher2 and 7,e7 by striking subparagraph 7,d7 and inserting the following3 7,d7 prior to completion of the program-- 7i7 in the case of a prospective teacher-- 7,i7 attains full ,state certification or licensure and1 with respect to a special education teacher1 meets the qualifications described in section #fab7;a77#ad77;,c7 of the ,individuals with ,disabilities ,education ,act2 and 7,,ii7 acquires a master's degree not later than #ah months after beginning the program2 and 7ii7 in the case of a prospective early childhood educator-- 7,i7 becomes highly competent2 7,,ii7 attains full ,state certification or licensure2 and 7,,iii7 acquires a baccalaureate degree or an associate's degree not later than #f years after beginning the program4 4 7c7 ,expanding purposes ,section #bja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajbb7 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 by inserting and early childhood educators after prospective and new teachers2 7,b7 by inserting and early childhood educators after prospective teachers2 and 7,c7 by inserting and early childhood educators after for new teachers2 7#b7 in paragraph 7#c71 by inserting and early childhood educators after preparing teachers2 and 7#c7 in paragraph 7#d71 by inserting and early childhood education before force4 7d7 ,including early childhood educators in partnership grants ,section #bjb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajbb;a7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by striking 1 as applicable12 7,b7 in paragraph 7#b71 by inserting and early childhood educators after teachers2 7,c7 in paragraph 7#c71 by inserting and early childhood educators after teachers2 7,d7 in paragraph 7#d7-- 7i7 in subparagraph 7,a71 by inserting or early childhood educator after teacher2 and 7ii7 in subparagraph 7,b71 by inserting or early childhood educator after teacher2 7,e7 in paragraph 7#f7-- 7i7 in subparagraph 7,e77i71 by striking 1 as appropriate12 7ii7 in subparagraph 7,f71 by inserting and early childhood educators after general education teachers2 and 7iii7 in subparagraph 7,g71 by inserting and early childhood educators after special education teachers2 and 7,f7 in paragraph 7#g7-- 7i7 in subparagraph 7,a71 by inserting and early childhood educators after prepare teachers2 and 7ii7 in subparagraph 7,c7-- 7,i7 by striking new teachers each place the term appears and inserting new teachers and new early childhood educators2 7,,ii7 by striking high-need local educational agency each place the term appears and inserting high-need local educational agency or early childhood education program2 and 7,,iii7 by striking new teachers' teaching skills and inserting teaching skills of the new teachers and new early childhood educators2 7#b7 in subsection 7c77#a7-- 7,a7 by inserting and early childhood educators after teachers2 and 7,b7 by striking teaching residency program and inserting teacher and educator residency program2 7#c7 in subsection 7d7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a7-- 7,i7 in the matter preceding clause 7i71 by striking 1 as applicable12 7,,ii7 in clause 7i7-- 7aa7 in subclause 7,,ii71 by striking 1 as applicable12 and 7bb7 in subclause 7,,iii71 by striking as applicable12 and 7,,iii7 in clause 7ii71 by striking and1 as applicable1 techniques for early childhood educators and inserting and1 for early childhood educators1 techniques12 and 7ii7 in subparagraph 7,b77ii7-- 7,i7 in the matter preceding subclause 7,i71 by striking 1 as applicable12 and 7,,ii7 in subclause 7,,iv7-- 7aa7 in item 7aa71 by striking and after the semicolon2 7bb7 in item 7bb71 by inserting and after the semicolon2 and 7cc7 by adding at the end the following3 7cc7 provide culturally responsive and inclusive learning environments for all students2 2 7,b7 in paragraph 7#b7-- 7i7 in the matter preceding subparagraph 7,a71 by striking 1 as applicable12 7ii7 in subparagraph 7,a77ii71 by striking 7as applicable72 and 7iii7 in subparagraph 7,c71 by striking teacher mentoring and inserting teacher and educator mentoring2 7,c7 in paragraph 7#e7-- 7i7 in the paragraph heading1 by inserting and early childhood educator after ,teacher2 7ii7 in the matter preceding subparagraph 7,a7-- 7,i7 by inserting or early childhood educators after become teachers2 and 7,,ii7 by striking teaching profession and inserting teaching and early childhood education profession2 and 7iii7 in subparagraph 7,b71 by inserting or early childhood educator after teacher2 and 7,d7 in paragraph 7#f71 in the matter preceding subparagraph 7,a71 by inserting and early childhood educators after teachers2 7#d7 in subsection 7e7-- 7,a7 in the subsection heading1 by striking ,teaching residency and inserting ,teacher and educator residency2 7,b7 by striking teaching residency each place the term appears and inserting teacher and educator residency2 7,c7 in paragraph 7#a7-- 7i7 in subparagraph 7,a71 by inserting or high-need early childhood education program before in the partnership2 7ii7 in subparagraph 7,b7-- 7,i7 by inserting or early childhood education program after receiving school2 and 7,,ii7 by striking mentor teachers and inserting mentor teachers or early childhood educators2 and 7iii7 in subparagraph 7,c7-- 7,i7 in the matter preceding clause 7i71 by striking teaching residents and inserting teacher or early childhood educator residents2 7,,ii7 in clause 7ii71 by striking teacher mentoring and inserting teacher and educator mentoring2 and 7,,iii7 in clause 7iii71 by striking new teachers and inserting new teachers or early childhood educators2 and 7,d7 in paragraph 7#b7-- 7i7 in the paragraph heading1 by striking ,teaching and inserting ,teacher and ,educator2 7ii7 in subparagraph 7,a7-- 7,i7 in the matter preceding clause 7i7-- 7aa7 by striking teaching residencies and inserting teacher and educator residencies2 7bb7 by inserting and early childhood educators after teachers2 and 7cc7 by inserting and high-need early childhood education programs after high-need schools2 7,,ii7 in clause 7i71 by striking teacher mentoring and inserting teacher and educator mentoring2 7,,iii7 in clause 7iii7-- 7aa7 in the matter preceding subclause 7,i71 by striking mentor teacher and inserting mentor teacher or early childhood educator2 7bb7 in subclause 7,,ii71 by inserting and early childhood educators after new teachers2 7cc7 in subclause 7,,iii71 by striking teaching duties and inserting teaching or educating duties2 and 7dd7 in subclause 7,,iv71 by inserting or early childhood educators after teachers2 7,,iv7 in clause 7iv71 by striking mentor teachers and inserting mentor teachers and early childhood educators2 7,v7 in clause 7vi7-- 7aa7 in subclause 7,i7-- 7,,aa7 by inserting or early childhood education program after local educational agency2 and 7,,bb7 by inserting or program after such agency2 and 7bb7 in subclause 7,,ii71 by inserting or early childhood education after teaching2 and 7,,vi7 in clause 7vii7-- 7aa7 by striking teaching residents and inserting teacher or educator residents2 7bb7 by inserting or early childhood educators after teachers2 and 7cc7 by inserting or work as an early childhood educator after two years of teaching2 and 7iii7 in subparagraph 7,c7-- 7,i7 in clause 7i71 by striking teaching residents and inserting teacher and educator residents2 7,,ii7 in clause 7ii71 by striking teacher residency and inserting teacher or educator residency2 7,,iii7 in clause 7iii7-- 7aa7 in subclause 7,i71 by inserting or early childhood educator after teacher2 7bb7 by striking subclause 7,,ii7 and inserting the following3 7,,ii7 7aa7 in the case of a teacher applicant1 fulfill the requirement under subclause 7,i7 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 partnership2 or 7bb7 in the case of an early childhood educator applicant1 fulfill the requirement under subclause 7,i7 by teaching in a high-need early childhood education program2 2 and 7cc7 in subclause 7,,iv71 by inserting 1 or1 in the case of an early childhood educator1 will be highly competent1 after ,act12 and 7,,iv7 in clause 7iv7-- 7aa7 in subclause 7,i71 by striking ,a grantee carrying out and inserting ,subject to subclause 7,,ii71 a grantee carrying out2 7bb7 by redesignating subclauses 7,,ii7 and 7,,iii7 as subclauses 7,,iii7 and 7,,iv71 respectively2 7cc7 by inserting after subclause 7,i7 the following3 7,,ii7 ,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 program1 or the service requirement1 due to-- 7aa7 extenuating or unforeseen financial circumstances1 health reasons1 or personal or family obligations2 7bb7 incapacitation2 7cc7 inability to secure employment in a school served by the eligible partnership2 7dd7 being called to active duty in the armed forces of the ,united ,states2 or 7ee7 other extraordinary circumstances4 2 and 7dd7 in subclause 7,,iii71 as redesignated by item 7bb71 by striking on grounds and all that follows through the period at the end and inserting on grounds not covered under subclause 7,,ii742 7#e7 in subsection 7f77#a7-- 7,a7 in subparagraph 7,b7-- 7i7 in clause 7i71 by inserting or early childhood education program after school2 7ii7 in clause 7ii71 by inserting or early childhood educators after teachers2 7iii7 in clause 7iii71 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 educators1 and students2 and 7iv7 in clause 7iv71 by striking school environment and inserting school or early childhood education program environment2 and 7,b7 in subparagraph 7,d77i7-- 7i7 in subclause 7,i71 by inserting 1 or in high-need early childhood education programs before the semicolon at the end2 and 7ii7 in subclause 7,,ii7-- 7,i7 by inserting or early childhood educators after teachers2 and 7,,ii7 by inserting or high-need early childhood education programs before the period at the end2 and 7#f7 in subsection 7g7-- 7,a7 by inserting or early childhood educator after pre-baccalaureate teacher2 and 7,b7 by inserting or early childhood educators before the period at the end4 7e7 ,accountability1 evaluation1 and information ,section #bjd of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajbb;c7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by inserting or early childhood educators after teachers2 7,b7 in paragraph 7#b71 by inserting 1 and early childhood educator retention in the first three years of an early childhood educator's career before the semicolon at the end2 7,c7 in paragraph 7#c7-- 7i7 by inserting 7,a7 before improvement2 and 7ii7 by adding at the end the following3 7,b7 in the case of eligible partnerships offering programs that lead to ,state certification or licensure of early childhood educators1 improvement in the pass rates and scaled scores for initial ,state certification or licensure of early childhood educators2 and 2 and 7,d7 in paragraph 7#d77;,f71 by striking as applicable12 and 7#b7 in subsection 7b7-- 7,a7 by striking shall ensure and inserting the following3 shall-- 7#a7 ensure 2 and 7,b7 by striking part4 and inserting the following3 part2 and 7#b7 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 educator1 clearly indicate that fact in the information provided regarding the early childhood program through the grant and any reports submitted under this part4 4 7f7 ,accountability for preparation programs ,section #bje of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajbb;d7 is amended-- 7#a7 in the section heading1 by inserting and early childhood educators after teachers2 7#b7 by redesignating subsections 7c7 through 7e7 as subsections 7d7 through 7f71 respectively2 7#c7 by inserting after subsection 7b7 the following3 7c7 ,state report card on the quality of early childhood educators 7#a7 ,in general ,each ,state that receives funds under this ,act shall provide to the ,secretary1 and make widely available to the general public1 in a uniform and comprehensible manner that conforms with the definitions and methods established by the ,secretary1 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 ,state4 7#b7 ,additional content ,each ,state report card issued under this subsection shall also include an explanation of-- 7,a7 how the ,state is making early childhood educators aware of available tax credit programs1 scholarship programs1 and loan programs2 and 7,b7 how the ,state is implementing or designing flexible early childhood educator preparation programs4 2 and 7#d7 in subsection 7e71 as redesignated by paragraph 7#b7-- 7,a7 in paragraph 7#a71 by inserting and on early childhood educator qualifications and preparation in the ,united ,states1 including the information described in subsection 7c77#b7 after subsection 7b77#a72 and 7,b7 in each of subparagraphs 7,a7 and 7,b7 of paragraph 7#b71 by striking teaching force and inserting teacher and early childhood educator force4 7g7 ,enhancing teacher1 early childhood1 and school leader education through centers of excellence ,subpart #b of part ,b of title ,,ii of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajcc et seq47 is amended-- 7#a7 in section #bda7a77;,a7 7#bj ,u4,s4,c4 #ajcc7a77;,a771 in the matter preceding clause 7i71 by striking teacher preparation each place the term appears and inserting teacher1 early childhood educator1 and school leader preparation2 7#b7 in section #bdb7;b7 7#bj ,u4,s4,c4 #ajcc;a7b77-- 7,a7 in the matter preceding paragraph 7#a71 by striking future teachers and inserting future teachers1 early childhood educators1 and school leaders2 7,b7 in paragraph 7#a7-- 7i7 in the matter preceding subparagraph 7,a7-- 7,i7 by striking teacher preparation and inserting teacher1 early childhood educator1 and school leader preparation2 and 7,,ii7 by striking teachers who and inserting teachers1 early childhood educators1 and school leaders who2 and 7ii7 in subparagraph 7,b7-- 7,i7 in the matter preceding clause 7i71 by striking teacher preparation and inserting teacher1 early childhood educator1 and school leader preparation2 7,,ii7 in clause 7i71 by striking teachers to and inserting teachers1 early childhood educators1 and school leaders to2 and 7,,iii7 in clause 7ii71 by striking teaching skills and inserting teaching and leadership skills2 7,c7 in paragraph 7#b7-- 7i7 by inserting 1 early childhood educators1 and school leaders after prospective teachers2 7ii7 by inserting 1 early childhood educators1 and school leaders after exemplary teachers2 7iii7 by striking principals1 and other administrators inserting early childhood educators1 and school leaders2 and 7iv7 by striking elementary schools or and inserting early childhood education programs1 elementary schools1 or2 7,d7 in paragraph 7#c7-- 7i7 in the matter preceding subparagraph 7,a7-- 7,i7 by inserting or early childhood educators after retention of teachers2 and 7,,ii7 by striking highly qualified principals1 including minority teachers and principals1 and inserting highly qualified school leaders1 including minority teachers1 early childhood educators1 and school leaders12 and 7ii7 by striking subparagraphs 7,a7 and 7,b7 and inserting the following3 7,a7 teacher1 early childhood educator1 or school leadership mentoring from exemplary teachers1 early childhood educators1 or school leaders1 respectively2 or 7,b7 induction and support for teachers1 early childhood educators1 and school leaders during their first three years of employment as teachers1 early childhood educators1 and school leaders1 respectively4 2 7,e7 in paragraph 7#d71 by striking teacher and inserting teacher1 early childhood educator1 or school leader2 7,f7 in paragraph 7#e71 by striking teacher preparation and successful teacher certification and inserting teacher1 early childhood educator1 and school leader preparation and successful certification2 and 7,g7 by adding at the end the following3 7#g7 ,establishing or expanding teacher1 early childhood educator1 or school leader residency or clinical programs in local low-income elementary schools or secondary schools4 2 and 7#c7 by adding at the end the following3 #bdc4 ,funding ,notwithstanding any other provision of this title1 if the funds appropriated to carry out this title for a fiscal year exceeds #cjj1jjj1jjj1 the ,secretary shall reserve #ej percent of the amount by which the appropriated funds exceed #cjj1jjj1jjj to carry out this subpart for such fiscal year4 4 #eebjc4 ,mandatory ,funding for ,teacher ,quality ,partnership ,program ,section #bji of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajbb;h7 is amended to read as follows3 #bji4 ,authorization and appropriations ,there are authorized to be appropriated to carry out this part1 and there are appropriated1 out of any money in the ,treasury not otherwise appropriated1 #cej1jjj1jjj for fiscal year #bjbj and each subsequent fiscal year4 4 ,,vii ,prohibition on ,federal ,funds for ,police in ,schools #eecja4 ,prohibition on federal funds for police in schools 7a7 ,federal funds prohibition ,notwithstanding the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaja et seq471 including the ,,cops grant program1 the ,edward ,byrne ,memorial ,justice ,assistance ,grant ,program1 or any other provision of law1 no ,federal funding shall be appropriated or used for hiring1 maintaining1 or training sworn law enforcement officers to be used or employed in elementary or secondary schools1 preschools1 or programs based on elementary or secondary schools in any capacity4 7b7 ,,cops grants program ,section #agja of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajcha7 is amended-- 7#a7 ,in subsection 7b71 by repealing paragraph 7#ab72 and 7#b7 by adding at the end of the following3 7n7 ,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 schools4 ,b ,justice ,i ,criminal ,justice ,a ,george ,floyd ,justice in ,policing #ajjja4 ,short title ,this subtitle may be cited as the ,george ,floyd ,justice in ,policing ,act of #bjbj4 #ajjjb4 ,definitions ,in this subtitle3 7#a7 ,byrne grant program ,the term ,byrne grant program means any grant program under subpart #a of part ,e of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaea et seq471 without regard to whether the funds are characterized as being made available under the ,edward ,byrne ,memorial ,state and ,local ,law ,enforcement ,assistance ,programs1 the ,local ,government ,law ,enforcement ,block ,grants ,program1 the ,edward ,byrne ,memorial ,justice ,assistance ,grant ,program1 or otherwise4 7#b7 ,,cops grant program ,the term ,,cops grant program means the grant program authorized under section #agja of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajcha74 7#c7 ,federal law enforcement agency ,the term ,federal law enforcement agency means any agency of the ,united ,states authorized to engage in or supervise the prevention1 detection1 investigation1 or prosecution of any violation of ,federal criminal law4 7#d7 ,federal law enforcement officer ,the term ,federal law enforcement officer has the meaning given the term in section #aae of title #ah1 ,united ,states ,code4 7#e7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term ,indian tribe in section #ija of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajbea74 7#f7 ,local law enforcement officer ,the term local law enforcement officer means any officer1 agent1 or employee of a ,state or unit of local government authorized by law or by a government agency to engage in or supervise the prevention1 detection1 or investigation of any violation of criminal law4 7#g7 ,state ,the term ,state has the meaning given the term in section #ija of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajbea74 7#h7 ,tribal law enforcement officer ,the term tribal law enforcement officer means any officer1 agent1 or employee of an ,indian tribe1 or the ,bureau of ,indian ,affairs1 authorized by law or by a government agency to engage in or supervise the prevention1 detection1 or investigation of any violation of criminal law4 7#i7 ,unit of local government ,the term unit of local government has the meaning given the term in section #ija of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajbea74 7#aj7 ,deadly force ,the term deadly force means that force which a reasonable person would consider likely to cause death or serious bodily harm1 including-- 7,a7 the discharge of a firearm2 7,b7 a maneuver that restricts blood or oxygen flow to the brain1 including chokeholds1 strangleholds1 neck restraints1 neckholds1 and carotid artery restraints2 and 7,c7 multiple discharges of an electronic control weapon4 7#aa7 ,use of force ,the term use of force includes-- 7,a7 the use of a firearm1 electronic control weapon1 explosive device1 chemical agent 7such as pepper spray71 baton1 impact projectile1 blunt instrument1 hand1 fist1 foot1 canine1 or vehicle against an individual2 7,b7 the use of a weapon1 including a personal body weapon1 chemical agent1 impact weapon1 extended range impact weapon1 sonic weapon1 sensory weapon1 conducted energy device1 or firearm1 against an individual2 or 7,c7 any intentional pointing of a firearm at an individual4 7#ab7 ,less lethal force ,the term less lethal force means any degree of force that is not likely to cause death or serious bodily injury4 7#ac7 ,facial recognition ,the term facial recognition means an automated or semiautomated process that analyzes biometric data of an individual from video footage to identify or assist in identifying an individual4 #a ,police ,accountability ,i ,holding ,police ,accountable in the ,courts #ajjaa4 ,deprivation of rights under color of law ,section #bdb of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by striking willfully and inserting knowingly or recklessly2 7#b7 by striking 1 or may be sentenced to death2 and 7#c7 by adding at the end the following3 ,for purposes of this section1 an act shall be considered to have resulted in death if the act was a substantial factor contributing to the death of the person44 #ajjab4 ,qualified immunity reform ,section #aigi of the ,revised ,statutes of the ,united ,states 7#db ,u4,s4,c4 #aihc7 is amended by adding at the end the following3 ,it shall not be a defense or immunity in any action brought under this section against a local law enforcement officer 7as such term is defined in section #b of the ,george ,floyd ,justice in ,policing ,act of #bjbj71 or in any action under any source of law against a ,federal investigative or law enforcement officer 7as such term is defined in section #bfhj7;h7 of title #bh1 ,united ,states ,code71 that-- 7#a7 the defendant was acting in good faith1 or that the defendant believed1 reasonably or otherwise1 that his or her conduct was lawful at the time when the conduct was committed2 or 7#b7 the rights1 privileges1 or immunities secured by the ,constitution and laws were not clearly established at the time of their deprivation by the defendant1 or that at such time1 the state of the law was otherwise such that the defendant could not reasonably have been expected to know whether his or her conduct was lawful4 4 #ajjac4 ,pattern and practice investigations 7a7 ,subpoena authority ,section #bajdja of the ,violent ,crime ,control and ,law ,enforcement ,act of #aiid 7#cd ,u4,s4,c4 #abfja7 is amended-- 7#a7 in subsection 7a71 by inserting 1 by prosecutors1 after conduct by law enforcement officers2 7#b7 in subsection 7b71 by striking paragraph 7#a7 and inserting subsection 7a72 and 7#c7 by adding at the end the following3 7c7 ,subpoena authority ,in carrying out the authority in subsection 7b71 the ,attorney ,general may require by subpoena the production of all information1 documents1 reports1 answers1 records1 accounts1 papers1 and other data in any medium 7including electronically stored information71 as well as any tangible thing and documentary evidence1 and the attendance and testimony of witnesses necessary in the performance of the ,attorney ,general under subsection 7b74 ,such a subpoena1 in the case of contumacy or refusal to obey1 shall be enforceable by order of any appropriate district court of the ,united ,states4 7d7 ,civil action by ,state attorneys general ,whenever it shall appear to the attorney general of any ,state1 or such other official as a ,state may designate1 that a violation of subsection 7a7 has occurred within their ,state1 the ,state attorney general or official1 in the name of the ,state1 may bring a civil action in the appropriate district court of the ,united ,states to obtain appropriate equitable and declaratory relief to eliminate the pattern or practice4 ,in carrying out the authority in this subsection1 the ,state attorney general or official shall have the same subpoena authority as is available to the ,attorney ,general under subsection 7c74 7e7 ,rule of construction ,nothing in this section may be construed to limit the authority of the ,attorney ,general under subsection 7b7 in any case in which a ,state attorney general has brought a civil action under subsection 7d74 7f7 ,reporting requirements ,on the date that is one year after the enactment of the ,george ,floyd ,justice in ,policing ,act of #bjbj1 and annually thereafter1 the ,civil ,rights ,division of the ,department of ,justice shall make publicly available on an internet website a report on1 during the previous year-- 7#a7 the number of preliminary investigations of violations of subsection 7a7 that were commenced2 7#b7 the number of preliminary investigations of violations of subsection 7a7 that were resolved2 and 7#c7 the status of any pending investigations of violations of subsection 7a74 4 7b7 ,grant program 7#a7 ,grants authorized ,the ,attorney ,general may award a grant to a ,state to assist the ,state in conducting pattern and practice investigations under section #bajdja7;d7 of the ,violent ,crime ,control and ,law ,enforcement ,act of #aiid 7#cd ,u4,s4,c4 #abfja74 7#b7 ,application ,a ,state seeking a grant under paragraph 7#a7 shall submit an application in such form1 at such time1 and containing such information as the ,attorney ,general may require4 7#c7 ,funding ,there are authorized to be appropriated #ajj1jjj1jjj to the ,attorney ,general for each of fiscal years #bjba through #bjbc to carry out this subsection4 7c7 ,data on ,excessive ,use of ,force ,section #bajdjb of the ,violent ,crime ,control and ,law ,enforcement ,act of #aiid 7#cd ,u4,s4,c4 #abfjb7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking ,the ,attorney ,general and inserting the following3 7#a7 ,federal collection of data ,the ,attorney ,general 2 and 7,b7 by adding at the end the following3 7#b7 ,state collection of data ,the attorney general of a ,state may1 through appropriate means1 acquire data about the use of excessive force by law enforcement officers and such data may be used by the attorney general in conducting investigations under section #bajdja4 ,this data may not contain any information that may reveal the identity of the victim or any law enforcement officer4 2 and 7#b7 by amending subsection 7b7 to read as follows3 7b7 ,limitation on use of data acquired by the ,attorney ,general ,data acquired under subsection 7a77#a7 shall be used only for research or statistical purposes and may not contain any information that may reveal the identity of the victim or any law enforcement officer4 4 7d7 ,enforcement of pattern or practice relief ,beginning in the first fiscal year that begins after the date that is one year after the date of enactment of this ,act1 a ,state or unit of local government that receives funds under the ,byrne grant program or the ,,cops grant program during a fiscal year may not make available any amount of such funds to a local law enforcement agency if that local law enforcement agency enters into or renews any contractual arrangement1 including a collective bargaining agreement with a labor organization1 that-- 7#a7 would prevent the ,attorney ,general from seeking or enforcing equitable or declaratory relief against a law enforcement agency engaging in a pattern or practice of unconstitutional misconduct2 or 7#b7 conflicts with any terms or conditions contained in a consent decree4 #ajjad4 ,independent investigations 7a7 ,in general 7#a7 ,definitions ,in this subsection3 7,a7 ,independent investigation ,the term independent investigation means a criminal investigation or prosecution of a law enforcement officer's use of deadly force1 including one or more of the following3 7i7 ,using an agency or civilian review board that investigates and independently reviews all allegations of use of deadly force made against law enforcement officers in the jurisdiction4 7ii7 ,assigning of the attorney general of the ,state in which the alleged use of deadly force was committed to conduct the criminal investigation and prosecution4 7iii7 ,adopting a procedure under which an independent prosecutor is assigned to investigate and prosecute the case1 including a procedure under which an automatic referral is made to an independent prosecutor appointed and overseen by the attorney general of the ,state in which the alleged use of deadly force was committed4 7iv7 ,adopting a procedure under which an independent prosecutor is assigned to investigate and prosecute the case4 7v7 ,having law enforcement agencies agree to and implement memoranda of understanding with other law enforcement agencies under which the other law enforcement agencies-- 7,i7 shall conduct the criminal investigation into the alleged use of deadly force2 and 7,,ii7 upon conclusion of the criminal investigation1 shall file a report with the attorney general of the ,state containing a determination regarding whether-- 7aa7 the use of deadly force was appropriate2 and 7bb7 any action should be taken by the attorney general of the ,state4 7vi7 ,any substantially similar procedure to ensure impartiality in the investigation or prosecution4 7,b7 ,independent investigation of law enforcement statute ,the term independent investigation of law enforcement statute means a statute requiring an independent investigation in a criminal matter in which-- 7i7 one or more of the possible defendants is a law enforcement officer2 7ii7 one or more of the alleged offenses involves the law enforcement officer's use of deadly force in the course of carrying out that officer's duty2 and 7iii7 the non-,federal law enforcement officer's use of deadly force resulted in a death or injury4 7,c7 ,independent prosecutor ,the term independent prosecutor means1 with respect to a criminal investigation or prosecution of a law enforcement officer's use of deadly force1 a prosecutor who-- 7i7 does not oversee or regularly rely on the law enforcement agency by which the law enforcement officer under investigation is employed2 and 7ii7 would not be involved in the prosecution in the ordinary course of that prosecutor's duties4 7#b7 ,grant program ,the ,attorney ,general may award grants to eligible ,states and ,indian ,tribes to assist in implementing an independent investigation of law enforcement statute4 7#c7 ,eligibility ,to be eligible for a grant under this subsection1 a ,state or ,indian ,tribe shall have in effect an independent investigation of law enforcement statute4 7#d7 ,authorization of appropriations ,there are authorized to be appropriated to the ,attorney ,general #gej1jjj1jjj for fiscal years #bjba through #bjbc to carry out this subsection4 7b7 ,,cops grant program used for civilian review boards ,part ,q of title ,i of the of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajcha et seq47 is amended-- 7#a7 in section #agja7;b7 7#cd ,u4,s4,c4 #ajcha7;b77-- 7,a7 by redesignating paragraphs 7#bb7 and 7#bc7 as paragraphs 7#bc7 and 7#bd71 respectively2 7,b7 in paragraph 7#bc71 as so redesignated1 by striking 7#ba7 and inserting 7#bb72 and 7,c7 by inserting after paragraph 7#ba7 the following3 7#bb7 to develop best practices for and to create civilian review boards2 2 and 7#b7 in section #agji 7#cd ,u4,s4,c4 #ajchi71 by adding at the end the following3 7#h7 civilian review board means an administrative entity that investigates civilian complaints against law enforcement officers and-- 7,a7 is independent and adequately funded2 7,b7 has investigatory authority and subpoena power2 7,c7 has representative community diversity2 7,d7 has policy making authority2 7,e7 provides advocates for civilian complainants2 7,f7 may conduct hearings2 and 7,g7 conducts statistical studies on prevailing complaint trends4 4 ,,ii ,law ,enforcement ,trust and ,integrity ,act #ajjba4 ,short title ,this subpart may be cited as the ,law ,enforcement ,trust and ,integrity ,act of #bjbj4 #ajjbb4 ,definitions ,in this subpart3 7#a7 ,community-based organization ,the term community-based organization means a grassroots organization that monitors the issue of police misconduct and that has a local or national presence and membership1 such as the ,national ,association for the ,advancement of ,colored ,people 7,,naacp71 the ,american ,civil ,liberties ,union 7,,aclu71 ,unidos,u,s1 the ,national ,urban ,league1 the ,national ,congress of ,american ,indians1 or the ,national ,asian ,pacific ,american ,legal ,consortium 7,,napalc74 7#b7 ,law enforcement accreditation organization ,the term law enforcement accreditation organization means a professional law enforcement organization involved in the development of standards of accreditation for law enforcement agencies at the national1 ,state1 regional1 or ,tribal level1 such as the ,commission on ,accreditation for ,law ,enforcement ,agencies 7,,calea74 7#c7 ,law enforcement agency ,the term law enforcement agency means a ,state1 local1 ,indian tribal1 or campus public agency engaged in the prevention1 detection1 investigation1 prosecution1 or adjudication of violations of criminal laws4 7#d7 ,professional law enforcement association ,the term professional law enforcement association means a law enforcement membership association that works for the needs of ,federal1 ,state1 local1 or ,indian tribal law enforcement agencies and with the civilian community on matters of common interest1 such as the ,hispanic ,american ,police ,command ,officers ,association 7,,hapcoa71 the ,national ,asian ,pacific ,officers ,association 7,,napoa71 the ,national ,black ,police ,association 7,,nbpa71 the ,national ,latino ,peace ,officers ,association 7,,nlpoa71 the ,national ,organization of ,black ,law ,enforcement ,executives 7,,noble71 ,women in ,law ,enforcement1 the ,native ,american ,law ,enforcement ,association 7,,nalea71 the ,international ,association of ,chiefs of ,police 7,,iacp71 the ,national ,sheriffs' ,association 7,,nsa71 the ,fraternal ,order of ,police 7,,fop71 or the ,national ,association of ,school ,resource ,officers4 7#e7 ,professional civilian oversight organization ,the term professional civilian oversight organization means a membership organization formed to address and advance civilian oversight of law enforcement and whose members are from ,federal1 ,state1 regional1 local1 or ,tribal organizations that review issues or complaints against law enforcement agencies or officers1 such as the ,national ,association for ,civilian ,oversight of ,law ,enforcement 7,,nacole74 #ajjbc4 ,accreditation of law enforcement agencies 7a7 ,standards 7#a7 ,initial analysis ,the ,attorney ,general shall perform an initial analysis of existing accreditation standards and methodology developed by law enforcement accreditation organizations nationwide1 including national1 ,state1 regional1 and ,tribal accreditation organizations4 ,such an analysis shall include a review of the recommendations of the ,final ,report of the ,president's ,taskforce on #bast ,century ,policing1 issued by the ,department of ,justice1 in ,may #bjae4 7#b7 ,development of uniform standards ,after completion of the initial review and analysis under paragraph 7#a71 the ,attorney ,general shall-- 7,a7 recommend1 in consultation with law enforcement accreditation organizations and community-based organizations1 the adoption of additional standards that will result in greater community accountability of law enforcement agencies and an increased focus on policing with a guardian mentality1 including standards relating to-- 7i7 early warning systems and related intervention programs2 7ii7 use of force procedures2 7iii7 civilian review procedures2 7iv7 traffic and pedestrian stop and search procedures2 7v7 data collection and transparency2 7vi7 administrative due process requirements2 7vii7 video monitoring technology2 7viii7 youth justice and school safety2 and 7ix7 recruitment1 hiring1 and training2 and 7,b7 recommend additional areas for the development of national standards for the accreditation of law enforcement agencies in consultation with existing law enforcement accreditation organizations1 professional law enforcement associations1 labor organizations1 community-based organizations1 and professional civilian oversight organizations4 7#c7 ,continuing accreditation process ,the ,attorney ,general shall adopt policies and procedures to partner with law enforcement accreditation organizations1 professional law enforcement associations1 labor organizations1 community-based organizations1 and professional civilian oversight organizations to-- 7,a7 continue the development of further accreditation standards consistent with paragraph 7#b72 and 7,b7 encourage the pursuit of accreditation of ,federal1 ,state1 local1 and ,tribal law enforcement agencies by certified law enforcement accreditation organizations4 7b7 ,use of funds requirements ,section #ejb7;a7 of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaec7;a77 is amended by adding at the end the following3 7#g7 ,an assurance that1 for each fiscal year covered by an application1 the applicant will use not less than #e percent of the total amount of the grant award for the fiscal year to assist law enforcement agencies of the applicant1 including campus public safety departments1 gain or maintain accreditation from certified law enforcement accreditation organizations in accordance with section #ajjbc of the ,law ,enforcement ,trust and ,integrity ,act of #bjbj4 4 7c7 ,eligibility for certain grant funds ,the ,attorney ,general shall1 as appropriate and consistent with applicable law1 allocate ,department of ,justice discretionary grant funding only to ,states or units of local government that require law enforcement agencies of that ,state or unit of local government to gain and maintain accreditation from certified law enforcement accreditation organizations in accordance with this section4 #ajjbd4 ,law enforcement grants 7a7 ,use of funds requirement ,section #ejb7;a7 of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaec7;a771 as amended by section #ajjbc1 is amended by adding at the end the following3 7#h7 ,an assurance that1 for each fiscal year covered by an application1 the applicant will use not less than #e percent of the total amount of the grant award for the fiscal year to study and implement effective management1 training1 recruiting1 hiring1 and oversight standards and programs to promote effective community and problem solving strategies for law enforcement agencies in accordance with section #ajjbd of the ,law ,enforcement ,trust and ,integrity ,act of #bjbj4 4 7b7 ,grant program for community organizations ,the ,attorney ,general may make grants to community-based organizations to study and implement-- 7#a7 effective management1 training1 recruiting1 hiring1 and oversight standards and programs to promote effective community and problem solving strategies for law enforcement agencies2 or 7#b7 effective strategies and solutions to public safety1 including strategies that do not rely on ,federal and local law enforcement agency responses4 7c7 ,use of funds ,grant amounts described in paragraph 7#h7 of section #ejb7;a7 of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaec7;a771 as added by subsection 7a7 of this section1 and grant amounts awarded under subsection 7b7 shall be used to-- 7#a7 study management and operations standards for law enforcement agencies1 including standards relating to administrative due process1 residency requirements1 compensation and benefits1 use of force1 racial profiling1 early warning and intervention systems1 youth justice1 school safety1 civilian review boards or analogous procedures1 or research into the effectiveness of existing programs1 projects1 or other activities designed to address misconduct2 and 7#b7 develop pilot programs and implement effective standards and programs in the areas of training1 hiring and recruitment1 and oversight that are designed to improve management and address misconduct by law enforcement officers4 7d7 ,components of pilot program ,a pilot program developed under subsection 7c77#b7 shall include implementation of the following3 7#a7 ,training ,the implementation of policies1 practices1 and procedures addressing training and instruction to comply with accreditation standards in the areas of-- 7,a7 the use of deadly force1 less lethal force1 and de-escalation tactics and techniques2 7,b7 investigation of officer misconduct and practices and procedures for referring to prosecuting authorities allegations of officer use of excessive force or racial profiling2 7,c7 disproportionate contact by law enforcement with minority communities2 7,d7 tactical and defensive strategy2 7,e7 arrests1 searches1 and restraint2 7,f7 professional verbal communications with civilians2 7,g7 interactions with-- 7i7 youth2 7ii7 individuals with disabilities2 7iii7 individuals with limited ,english proficiency2 and 7iv7 multi-cultural communities2 7,h7 proper traffic1 pedestrian1 and other enforcement stops2 and 7,i7 community relations and bias awareness4 7#b7 ,recruitment1 hiring1 retention1 and promotion of diverse law enforcement officers ,policies1 procedures1 and practices for-- 7,a7 the hiring and recruitment of diverse law enforcement officers who are representative of the communities they serve2 7,b7 the development of selection1 promotion1 educational1 background1 and psychological standards that comport with title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq472 and 7,c7 initiatives to encourage residency in the jurisdiction served by the law enforcement agency and continuing education4 7#c7 ,oversight ,complaint procedures1 including the establishment of civilian review boards or analogous procedures for jurisdictions across a range of sizes and agency configurations1 complaint procedures by community-based organizations1 early warning systems and related intervention programs1 video monitoring technology1 data collection and transparency1 and administrative due process requirements inherent to complaint procedures for members of the public and law enforcement4 7#d7 ,youth justice and school safety ,uniform standards on youth justice and school safety that include best practices for law enforcement interaction and communication with children and youth1 taking into consideration adolescent development and any disability1 including-- 7,a7 the right to effective and timely notification of a parent or legal guardian of any law enforcement interaction1 regardless of the immigration status of the individuals involved2 and 7,b7 the creation of positive school climates by improving school conditions for learning by-- 7i7 eliminating school-based arrests and referrals to law enforcement2 7ii7 using evidence-based preventative measures and alternatives to school-based arrests and referrals to law enforcement1 such as restorative justice and healing practices2 and 7iii7 using school-wide positive behavioral interventions and supports4 7#e7 ,victim services ,counseling services1 including psychological counseling1 for individuals and communities impacted by law enforcement misconduct4 7e7 ,technical assistance 7#a7 ,in general ,the ,attorney ,general may provide technical assistance to ,states and community-based organizations in furtherance of the purposes of this section4 7#b7 ,models for reduction of law enforcement misconduct ,the technical assistance provided by the ,attorney ,general may include the development of models for ,states and community-based organizations to reduce law enforcement officer misconduct4 ,any development of such models shall be in consultation with community-based organizations4 7f7 ,use of components ,the ,attorney ,general may use any component or components of the ,department of ,justice in carrying out this section4 7g7 ,applications ,an application for a grant under subsection 7b7 shall be submitted in such form1 and contain such information1 as the ,attorney ,general may prescribe by rule4 7h7 ,performance evaluation 7#a7 ,monitoring components 7,a7 ,in general ,each program1 project1 or activity funded under this section shall contain a monitoring component1 which shall be developed pursuant to rules made by the ,attorney ,general4 7,b7 ,requirement ,each monitoring component required under subparagraph 7,a7 shall include systematic identification and collection of data about activities1 accomplishments1 and programs throughout the duration of the program1 project1 or activity and presentation of such data in a usable form4 7#b7 ,evaluation components 7,a7 ,in general ,selected grant recipients shall be evaluated on the local level or as part of a national evaluation1 pursuant to rules made by the ,attorney ,general4 7,b7 ,requirements ,an evaluation conducted under subparagraph 7,a7 may include independent audits of police behavior and other assessments of individual program implementations4 ,for community-based organizations in selected jurisdictions that are able to support outcome evaluations1 the effectiveness of funded programs1 projects1 and activities may be required4 7#c7 ,periodic review and reports ,the ,attorney ,general may require a grant recipient to submit biannually to the ,attorney ,general the results of the monitoring and evaluations required under paragraphs 7#a7 and 7#b7 and such other data and information as the ,attorney ,general determines to be necessary4 7i7 ,revocation or suspension of funding ,if the ,attorney ,general determines1 as a result of monitoring under subsection 7h7 or otherwise1 that a grant recipient under the ,byrne grant program or under subsection 7b7 is not in substantial compliance with the requirements of this section1 the ,attorney ,general may revoke or suspend funding of that grant1 in whole or in part4 7j7 ,civilian review board defined ,in this section1 the term civilian review board means an administrative entity that investigates civilian complaints against law enforcement officers and-- 7#a7 is independent and adequately funded2 7#b7 has investigatory authority and subpoena power2 7#c7 has representative community diversity2 7#d7 has policy making authority2 7#e7 provides advocates for civilian complainants2 7#f7 may conduct hearings2 and 7#g7 conducts statistical studies on prevailing complaint trends4 7k7 ,authorization of appropriations ,there are authorized to be appropriated to the ,attorney ,general #be1jjj1jjj for fiscal year #bjba to carry out the grant program authorized under subsection 7b74 #ajjbe4 ,attorney ,general to conduct study 7a7 ,study 7#a7 ,in general ,the ,attorney ,general shall conduct a nationwide study of the prevalence and effect of any law1 rule1 or procedure that allows a law enforcement officer to delay the response to questions posed by a local internal affairs officer1 or review board on the investigative integrity and prosecution of law enforcement misconduct1 including pre-interview warnings and termination policies4 7#b7 ,initial analysis ,the ,attorney ,general shall perform an initial analysis of existing ,state laws1 rules1 and procedures to determine whether1 at a threshold level1 the effect of the type of law1 rule1 or procedure that raises material investigatory issues that could impair or hinder a prompt and thorough investigation of possible misconduct1 including criminal conduct4 7#c7 ,data collection ,after completion of the initial analysis under paragraph 7#b71 and considering material investigatory issues1 the ,attorney ,general shall gather additional data nationwide on similar laws1 rules1 and procedures from a representative and statistically significant sample of jurisdictions1 to determine whether such laws1 rules1 and procedures raise such material investigatory issues4 7b7 ,reporting 7#a7 ,initial analysis ,not later than #abj days after the date of the enactment of this ,act1 the ,attorney ,general shall-- 7,a7 submit to ,congress a report containing the results of the initial analysis conducted under subsection 7a77#b72 7,b7 make the report submitted under subparagraph 7,a7 available to the public2 and 7,c7 identify the jurisdictions for which the study described in subsection 7a77#c7 is to be conducted4 7#b7 ,data collected ,not later than #b years after the date of the enactment of this ,act1 the ,attorney ,general shall submit to ,congress a report containing the results of the data collected under this section and publish the report in the ,federal ,register4 #ajjbf4 ,authorization of appropriations ,there are authorized to be appropriated for fiscal year #bjba1 in addition to any other sums authorized to be appropriated-- 7#a7 #be1jjj1jjj for additional expenses relating to the enforcement of section #bajdja of the ,violent ,crime ,control and ,law ,enforcement ,act of #aiid 7#cd ,u4,s4,c4 #abfja71 criminal enforcement under sections #bda and #bdb of title #ah1 ,united ,states ,code1 and administrative enforcement by the ,department of ,justice of such sections1 including compliance with consent decrees or judgments entered into under such section #bajdja2 and 7#b7 #c1cjj1jjj for additional expenses related to conflict resolution by the ,department of ,justice's ,community ,relations ,service4 #ajjbg4 ,national task force on law enforcement oversight 7a7 ,establishment ,there is established within the ,department of ,justice a task force to be known as the ,task ,force on ,law ,enforcement ,oversight 7hereinafter in this section referred to as the ,task ,force74 7b7 ,composition ,the ,task ,force shall be composed of individuals appointed by the ,attorney ,general1 who shall appoint not less than #a individual from each of the following3 7#a7 ,the ,special ,litigation ,section of the ,civil ,rights ,division4 7#b7 ,the ,criminal ,section of the ,civil ,rights ,division4 7#c7 ,the ,federal ,coordination and ,compliance ,section of the ,civil ,rights ,division4 7#d7 ,the ,employment ,litigation ,section of the ,civil ,rights ,division4 7#e7 ,the ,disability ,rights ,section of the ,civil ,rights ,division4 7#f7 ,the ,office of ,justice ,programs4 7#g7 ,the ,office of ,community ,oriented ,policing ,services 7,,cops74 7#h7 ,the ,corruption_/,civil ,rights ,section of the ,federal ,bureau of ,investigation4 7#i7 ,the ,community ,relations ,service4 7#aj7 ,the ,office of ,tribal ,justice4 7#aa7 ,the unit within the ,department of ,justice assigned as a liaison for civilian review boards4 7c7 ,powers and duties ,the ,task ,force shall consult with professional law enforcement associations1 labor organizations1 and community-based organizations to coordinate the process of the detection and referral of complaints regarding incidents of alleged law enforcement misconduct4 7d7 ,authorization of appropriations ,there are authorized to be appropriated #e1jjj1jjj for each fiscal year to carry out this section4 #ajjbh4 ,federal data collection on law enforcement practices 7a7 ,agencies ,to report ,each ,federal1 ,state1 ,tribal1 and local law enforcement agency shall report data of the practices enumerated in subsection 7c7 of that agency to the ,attorney ,general4 7b7 ,breakdown of information by race1 ethnicity1 and gender ,for each practice enumerated in subsection 7c71 the reporting law enforcement agency shall provide a breakdown of the numbers of incidents of that practice by race1 ethnicity1 age1 and gender of the officers of the agency and of members of the public involved in the practice4 7c7 ,practices ,to be reported on ,the practices to be reported on are the following3 7#a7 ,traffic violation stops4 7#b7 ,pedestrian stops4 7#c7 ,frisk and body searches4 7#d7 ,instances where law enforcement officers used deadly force1 including-- 7,a7 a description of when and where deadly force was used1 and whether it resulted in death2 7,b7 a description of deadly force directed against an officer and whether it resulted in injury or death2 and 7,c7 the law enforcement agency's justification for use of deadly force1 if the agency determines it was justified4 7d7 ,retention of data ,each law enforcement agency required to report data under this section shall maintain records relating to any matter reported for not less than #d years after those records are created4 7e7 ,penalty for ,states failing ,to report as required 7#a7 ,in general ,for any fiscal year1 a ,state shall not receive any amount that would otherwise be allocated to that ,state under section #eje7;a7 of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaef7;a771 or any amount from any other law enforcement assistance program of the ,department of ,justice1 unless the ,state has ensured1 to the satisfaction of the ,attorney ,general1 that the ,state and each local law enforcement agency of the ,state is in substantial compliance with the requirements of this section4 7#b7 ,reallocation ,amounts not allocated by reason of this subsection shall be reallocated to ,states not disqualified by failure to comply with this section4 7f7 ,regulations ,the ,attorney ,general shall prescribe regulations to carry out this section4 #b ,policing ,transparency ,through ,data ,i ,national ,police ,misconduct ,registry #ajjca4 ,establishment of ,national ,police ,misconduct ,registry 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,attorney ,general shall establish a ,national ,police ,misconduct ,registry to be compiled and maintained by the ,department of ,justice4 7b7 ,contents of registry ,the ,registry required to be established under subsection 7a7 shall contain the following data with respect to all ,federal and local law enforcement officers3 7#a7 ,each complaint filed against a law enforcement officer1 aggregated by-- 7,a7 complaints that were found to be credible or that resulted in disciplinary action against the law enforcement officer1 disaggregated by whether the complaint involved a use of force or racial profiling 7as such term is defined in section #ajjeb72 7,b7 complaints that are pending review1 disaggregated by whether the complaint involved a use of force or racial profiling2 and 7,c7 complaints for which the law enforcement officer was exonerated or that were determined to be unfounded or not sustained1 disaggregated by whether the complaint involved a use of force or racial profiling4 7#b7 ,discipline records1 disaggregated by whether the complaint involved a use of force or racial profiling4 7#c7 ,termination records1 the reason for each termination1 disaggregated by whether the complaint involved a use of force or racial profiling4 7#d7 ,records of certification in accordance with section #ajjcb4 7#e7 ,records of lawsuits against law enforcement officers and settlements of such lawsuits4 7#f7 ,instances where a law enforcement officer resigns or retires while under active investigation related to the use of force4 7c7 ,federal agency reporting requirements ,not later than #a year after the date of enactment of this ,act1 and every #f months thereafter1 the head of each ,federal law enforcement agency shall submit to the ,attorney ,general the information described in subsection 7b74 7d7 ,state and local law enforcement agency reporting requirements ,beginning in the first fiscal year that begins after the date that is one year after the date of enactment of this ,act and each fiscal year thereafter in which a ,state receives funds under the ,byrne grant program1 the ,state shall1 once every #ahj days1 submit to the ,attorney ,general the information described in subsection 7b7 for the ,state and each local law enforcement agency within the ,state4 7e7 ,public availability of registry 7#a7 ,in general ,in establishing the ,registry required under subsection 7a71 the ,attorney ,general shall make the ,registry available to the public on an internet website of the ,attorney ,general in a manner that allows members of the public to search for an individual law enforcement officer's records of misconduct1 as described in subsection 7b71 involving a use of force or racial profiling4 7#b7 ,privacy protections ,nothing in this subsection shall be construed to supersede the requirements or limitations under section #eeb;a of title #e1 ,united ,states ,code 7commonly known as the ,privacy ,act of #aigd74 #ajjcb4 ,certification requirements for hiring of law enforcement officers 7a7 ,in general ,beginning in the first fiscal year that begins after the date that is one year after the date of the enactment of this ,act1 a ,state or unit of local government1 other than an ,indian ,tribe1 may not receive funds under the ,byrne grant program for that fiscal year if1 on the day before the first day of the fiscal year1 the ,state or unit of local government has not-- 7#a7 submitted to the ,attorney ,general evidence that the ,state or unit of local government has a certification and decertification program for purposes of employment as a law enforcement officer in that ,state or unit of local government that is consistent with the rules made under subsection 7c72 and 7#b7 submitted to the ,national ,police ,misconduct ,registry established under section #ajjca records demonstrating that all law enforcement officers of the ,state or unit of local government have completed all ,state certification requirements during the #a-year period preceding the fiscal year4 7b7 ,availability of information ,the ,attorney ,general shall make available to law enforcement agencies all information in the registry under section #ajjca for purposes of compliance with the certification and decertification programs described in subsection 7a77#a7 and considering applications for employment4 7c7 ,rules ,the ,attorney ,general shall make rules to carry out this section and section #ajjca1 including uniform reporting standards4 ,,ii ,,pride ,act #ajjda4 ,short title ,this subpart may be cited as the ,police ,reporting ,information1 ,data1 and ,evidence ,act of #bjbj or the ,,pride ,act of #bjbj4 #ajjdb4 ,definitions ,in this subpart3 7#a7 ,local educational agency ,the term local educational agency has the meaning given the term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#b7 ,local law enforcement officer ,the term local law enforcement officer has the meaning given the term in section #ajjjb1 and includes a school resource officer4 7#c7 ,school ,the term school means an elementary school or secondary school 7as those terms are defined in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja774 7#d7 ,school resource officer ,the term school resource officer means a sworn law enforcement officer who is-- 7,a7 assigned by the employing law enforcement agency to a local educational agency or school2 7,b7 contracting with a local educational agency or school2 or 7,c7 employed by a local educational agency or school4 #ajjdc4 ,use of force reporting 7a7 ,reporting requirements 7#a7 ,in general ,beginning in the first fiscal year that begins after the date that is one year after the date of enactment of this ,act and each fiscal year thereafter in which a ,state or ,indian ,tribe receives funds under a ,byrne grant program1 the ,state or ,indian ,tribe shall-- 7,a7 report to the ,attorney ,general1 on a quarterly basis and pursuant to guidelines established by the ,attorney ,general1 information regarding-- 7i7 any incident involving the use of deadly force against a civilian by-- 7,i7 a local law enforcement officer who is employed by the ,state or by a unit of local government in the ,state2 or 7,,ii7 a tribal law enforcement officer who is employed by the ,indian ,tribe2 7ii7 any incident involving the shooting of a local law enforcement officer or tribal law enforcement officer described in clause 7i7 by a civilian2 7iii7 any incident involving the death or arrest of a local law enforcement officer or tribal law enforcement officer2 7iv7 any incident during which use of force by or against a local law enforcement officer or tribal law enforcement officer described in clause 7i7 occurs1 which is not reported under clause 7i71 7ii71 or 7iii72 7v7 deaths in custody2 and 7vi7 uses of force in arrests and booking2 7,b7 establish a system and a set of policies to ensure that all use of force incidents are reported by local law enforcement officers or tribal law enforcement officers2 and 7,c7 submit to the ,attorney ,general a plan for the collection of data required to be reported under this section1 including any modifications to a previously submitted data collection plan4 7#b7 ,report information required 7,a7 ,in general ,the report required under paragraph 7#a77;,a7 shall contain information that includes1 at a minimum-- 7i7 the national origin1 sex1 race1 ethnicity1 age1 disability1 ,english language proficiency1 and housing status of each civilian against whom a local law enforcement officer or tribal law enforcement officer used force2 7ii7 the date1 time1 and location1 including whether it was on school grounds1 and the zip code1 of the incident and whether the jurisdiction in which the incident occurred allows for the open-carry or concealed-carry of a firearm2 7iii7 whether the civilian was armed1 and1 if so1 the type of weapon the civilian had2 7iv7 the type of force used against the officer1 the civilian1 or both1 including the types of weapons used2 7v7 the reason force was used2 7vi7 a description of any injuries sustained as a result of the incident2 7vii7 the number of officers involved in the incident2 7viii7 the number of civilians involved in the incident2 and 7ix7 a brief description regarding the circumstances surrounding the incident1 which shall include information on-- 7,i7 the type of force used by all involved persons2 7,,ii7 the legitimate police objective necessitating the use of force2 7,,iii7 the resistance encountered by each local law enforcement officer or tribal law enforcement officer involved in the incident2 7,,iv7 the efforts by local law enforcement officers or tribal law enforcement officers to-- 7aa7 de-escalate the situation in order to avoid the use of force2 or 7bb7 minimize the level of force used2 and 7,v7 if applicable1 the reason why efforts described in subclause 7,,iv7 were not attempted4 7,b7 ,incidents reported under ,death in ,custody ,reporting ,act ,a ,state or ,indian ,tribe is not required to include in a report under subsection 7a77#a7 an incident reported by the ,state or ,indian ,tribe in accordance with section #bjajd7;a77#b7 of the ,violent ,crime ,control and ,law ,enforcement ,act of #aiid 7#cd ,u4,s4,c4 #abajd7;a77#b774 7,c7 ,retention of data ,each law enforcement agency required to report data under this section shall maintain records relating to any matter so reportable for not less than #d years after those records are created4 7#c7 ,audit of use-of-force reporting ,not later than #a year after the date of enactment of this ,act1 and each year thereafter1 each ,state or ,indian ,tribe described in paragraph 7#a7 shall-- 7,a7 conduct an audit of the use of force incident reporting system required to be established under paragraph 7#a77;,b72 and 7,b7 submit a report to the ,attorney ,general on the audit conducted under subparagraph 7,a74 7#d7 ,compliance procedure ,prior to submitting a report under paragraph 7#a77;,a71 the ,state or ,indian ,tribe submitting such report shall compare the information compiled to be reported pursuant to clause 7i7 of paragraph 7#a77;,a7 to publicly available sources1 and shall revise such report to include any incident determined to be missing from the report based on such comparison4 ,failure to comply with the procedures described in the previous sentence shall be considered a failure to comply with the requirements of this section4 7b7 ,ineligibility for funds 7#a7 ,in general ,for any fiscal year in which a ,state or ,indian ,tribe fails to comply with this section1 the ,state or ,indian ,tribe1 at the discretion of the ,attorney ,general1 shall be subject to not more than a #aj-percent reduction of the funds that would otherwise be allocated for that fiscal year to the ,state or ,indian ,tribe under a ,byrne grant program4 7#b7 ,reallocation ,amounts not allocated under a ,byrne grant program in accordance with paragraph 7#a7 to a ,state for failure to comply with this section shall be reallocated under the ,byrne grant program to ,states that have not failed to comply with this section4 7#c7 ,information regarding school resource officers ,the ,state or ,indian ,tribe shall ensure that all schools and local educational agencies within the jurisdiction of the ,state or ,indian ,tribe provide the ,state or ,indian ,tribe with the information needed regarding school resource officers to comply with this section4 7c7 ,public availability of data 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 and each year thereafter1 the ,attorney ,general shall publish1 and make available to the public1 a report containing the data reported to the ,attorney ,general under this section4 7#b7 ,privacy protections ,nothing in this subsection shall be construed to supersede the requirements or limitations under section #eeb;a of title #e1 ,united ,states ,code 7commonly known as the ,privacy ,act of #aigd74 7d7 ,guidance ,not later than #ahj days after the date of enactment of this ,act1 the ,attorney ,general1 in coordination with the ,director of the ,federal ,bureau of ,investigation1 shall issue guidance on best practices relating to establishing standard data collection systems that capture the information required to be reported under subsection 7a77#b71 which shall include standard and consistent definitions for terms4 #ajjdd4 ,use of force data reporting 7a7 ,technical assistance grants authorized ,the ,attorney ,general may make grants to eligible law enforcement agencies to be used for the activities described in subsection 7c74 7b7 ,eligibility ,in order to be eligible to receive a grant under this section a law enforcement agency shall-- 7#a7 be a tribal law enforcement agency or be located in a ,state that receives funds under a ,byrne grant program2 7#b7 employ not more that #ajj local or tribal law enforcement officers2 7#c7 demonstrate that the use of force policy for local law enforcement officers or tribal law enforcement officers employed by the law enforcement agency is publicly available2 and 7#d7 establish and maintain a complaint system that-- 7,a7 may be used by members of the public to report incidents of use of force to the law enforcement agency2 7,b7 makes all information collected publicly searchable and available2 and 7,c7 provides information on the status of an investigation related to a use of force complaint4 7c7 ,activities described ,a grant made under this section may be used by a law enforcement agency for-- 7#a7 the cost of assisting the ,state or ,indian ,tribe in which the law enforcement agency is located in complying with the reporting requirements described in section #ajjde2 7#b7 the cost of establishing necessary systems required to investigate and report incidents as required under subsection 7b77#d72 7#c7 public awareness campaigns designed to gain information from the public on use of force by or against local and tribal law enforcement officers1 including shootings1 which may include tip lines1 hotlines1 and public service announcements2 and 7#d7 use of force training for law enforcement agencies and personnel1 including training on de-escalation1 implicit bias1 crisis intervention techniques1 and adolescent development4 #ajjde4 ,compliance with reporting requirements 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 and each year thereafter1 the ,attorney ,general shall conduct an audit and review of the information provided under this subpart to determine whether each ,state or ,indian ,tribe described in section #bbc7;a77#a7 is in compliance with the requirements of this subpart4 7b7 ,consistency in data reporting 7#a7 ,in general ,any data reported under this subpart shall be collected and reported-- 7,a7 in a manner consistent with existing programs of the ,department of ,justice that collect data on local law enforcement officer encounters with civilians2 and 7,b7 in a manner consistent with civil rights laws for distribution of information to the public4 7#b7 ,guidelines ,not later than #a year after the date of enactment of this ,act1 the ,attorney ,general shall-- 7,a7 issue guidelines on the reporting requirement under section #ajjde2 and 7,b7 seek public comment before finalizing the guidelines required under subparagraph 7,a74 #ajjdf4 ,federal law enforcement reporting ,the head of each ,federal law enforcement agency shall submit to the ,attorney ,general1 on a quarterly basis and pursuant to guidelines established by the ,attorney ,general1 the information required to be reported by a ,state or ,indian ,tribe under section #ajjdd4 #ajjdg4 ,authorization of appropriations ,there are authorized to be appropriated to the ,attorney ,general such sums as are necessary to carry out this subpart4 #c ,improving ,police ,training and ,policies ,i ,end ,racial and ,religious ,profiling ,act #ajjea4 ,short title ,this subpart may be cited as the ,end ,racial and ,religious ,profiling ,act of #bjbj or ,,errpa4 #ajjeb4 ,definitions ,in this subpart3 7#a7 ,covered program ,the term covered program means any program or activity funded in whole or in part with funds made available under-- 7,a7 a ,byrne grant program2 and 7,b7 the ,,cops grant program1 except that no program1 project1 or other activity specified in section #agja7;b77#ac7 of part ,q of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajcha et seq47 shall be a covered program under this paragraph4 7#b7 ,governmental body ,the term governmental body means any department1 agency1 special purpose district1 or other instrumentality of ,federal1 ,state1 local1 or ,indian ,tribal government4 7#c7 ,hit rate ,the term hit rate means the percentage of stops and searches in which a law enforcement agent finds drugs1 a gun1 or something else that leads to an arrest4 ,the hit rate is calculated by dividing the total number of searches by the number of searches that yield contraband4 ,the hit rate is complementary to the rate of false stops4 7#d7 ,law enforcement agency ,the term law enforcement agency means any ,federal1 ,state1 or local public agency engaged in the prevention1 detection1 or investigation of violations of criminal1 immigration1 or customs laws4 7#e7 ,law enforcement agent ,the term law enforcement agent means any ,federal1 ,state1 or local official responsible for enforcing criminal1 immigration1 or customs laws1 including police officers and other agents of a law enforcement agency4 7#f7 ,racial profiling 7,a7 ,in general ,the term racial profiling means the practice of a law enforcement agent or agency relying1 to any degree1 on actual or perceived race1 ethnicity1 national origin1 religion1 gender1 gender identity1 or sexual orientation in selecting which individual to subject to routine or spontaneous investigatory activities or in deciding upon the scope and substance of law enforcement activity following the initial investigatory procedure1 except when there is trustworthy information1 relevant to the locality and timeframe1 that links a person with a particular characteristic described in this paragraph to an identified criminal incident or scheme4 7,b7 ,exception ,for purposes of subparagraph 7,a71 a tribal law enforcement officer exercising law enforcement authority within ,indian country1 as that term is defined in section #aaea of title #ah1 ,united ,states ,code1 is not considered to be racial profiling with respect to making key jurisdictional determinations that are necessarily tied to reliance on actual or perceived race1 ethnicity1 or tribal affiliation4 7#g7 ,routine or spontaneous investigatory activities ,the term routine or spontaneous investigatory activities means the following activities by a law enforcement agent3 7,a7 ,interviews4 7,b7 ,traffic stops4 7,c7 ,pedestrian stops4 7,d7 ,frisks and other types of body searches4 7,e7 ,consensual or nonconsensual searches of the persons1 property1 or possessions 7including vehicles7 of individuals using any form of public or private transportation1 including motorists and pedestrians4 7,f7 ,data collection and analysis1 assessments1 and predicated investigations4 7,g7 ,inspections and interviews of entrants into the ,united ,states that are more extensive than those customarily carried out4 7,h7 ,immigration-related workplace investigations4 7,i7 ,such other types of law enforcement encounters compiled for or by the ,federal ,bureau of ,investigation or the ,department of ,justice ,bureau of ,justice ,statistics4 7#h7 ,reasonable request ,the term reasonable request means all requests for information1 except for those that-- 7,a7 are immaterial to the investigation2 7,b7 would result in the unnecessary disclosure of personal information2 or 7,c7 would place a severe burden on the resources of the law enforcement agency given its size4 #a ,prohibition of ,racial ,profiling #ajjec4 ,prohibition ,no law enforcement agent or law enforcement agency shall engage in racial profiling4 #ajjed4 ,enforcement 7a7 ,remedy ,the ,united ,states1 or an individual injured by racial profiling1 may enforce this part in a civil action for declaratory or injunctive relief1 filed either in a ,state court of general jurisdiction or in a district court of the ,united ,states4 7b7 ,parties ,in any action brought under this part1 relief may be obtained against-- 7#a7 any governmental body that employed any law enforcement agent who engaged in racial profiling2 7#b7 any agent of such body who engaged in racial profiling2 and 7#c7 any person with supervisory authority over such agent4 7c7 ,nature of proof ,proof that the routine or spontaneous investigatory activities of law enforcement agents in a jurisdiction have had a disparate impact on individuals with a particular characteristic described in section #ajjeb7f7 shall constitute prima facie evidence of a violation of this part4 7d7 ,attorney's fees ,in any action or proceeding to enforce this part against any governmental body1 the court may allow a prevailing plaintiff1 other than the ,united ,states1 reasonable attorney's fees as part of the costs1 and may include expert fees as part of the attorney's fee4 ,the term prevailing plaintiff means a plaintiff that substantially prevails pursuant to a judicial or administrative judgment or order1 or an enforceable written agreement4 #b ,programs ,to ,eliminate ,racial ,profiling ,by ,federal ,law ,enforcement ,agencies #ajjed4 ,policies to eliminate racial profiling 7a7 ,in general ,federal law enforcement agencies shall-- 7#a7 maintain adequate policies and procedures designed to eliminate racial profiling2 and 7#b7 cease existing practices that permit racial profiling4 7b7 ,policies ,the policies and procedures described in subsection 7a77#a7 shall include-- 7#a7 a prohibition on racial profiling2 7#b7 training on racial profiling issues as part of ,federal law enforcement training2 7#c7 the collection of data in accordance with the regulations issued by the ,attorney ,general under section #ajjfj2 7#d7 procedures for receiving1 investigating1 and responding meaningfully to complaints alleging racial profiling by law enforcement agents2 and 7#e7 any other policies and procedures the ,attorney ,general determines to be necessary to eliminate racial profiling by ,federal law enforcement agencies4 #c ,programs ,to ,eliminate ,racial ,profiling ,by ,state and ,local ,law ,enforcement ,agencies #ajjee4 ,policies required for grants 7a7 ,in general ,an application by a ,state or a unit of local government for funding under a covered program shall include a certification that such ,state1 unit of local government1 and any law enforcement agency to which it will distribute funds-- 7#a7 maintains adequate policies and procedures designed to eliminate racial profiling2 and 7#b7 has eliminated any existing practices that permit or encourage racial profiling4 7b7 ,policies ,the policies and procedures described in subsection 7a77#a7 shall include-- 7#a7 a prohibition on racial profiling2 7#b7 training on racial profiling issues as part of law enforcement training2 7#c7 the collection of data in accordance with the regulations issued by the ,attorney ,general under section #ajjfj2 and 7#d7 participation in an administrative complaint procedure or independent audit program that meets the requirements of section #ajjef4 7c7 ,effective date ,this section shall take effect #ab months after the date of enactment of this ,act4 #ajjef4 ,involvement of ,attorney ,general 7a7 ,regulations 7#a7 ,in general ,not later than #f months after the date of enactment of this ,act and in consultation with stakeholders1 including ,federal1 ,state1 and local law enforcement agencies and community1 professional1 research1 and civil rights organizations1 the ,attorney ,general shall issue regulations for the operation of administrative complaint procedures and independent audit programs to ensure that such procedures and programs provide an appropriate response to allegations of racial profiling by law enforcement agents or agencies4 7#b7 ,guidelines ,the regulations issued under paragraph 7#a7 shall contain guidelines that ensure the fairness1 effectiveness1 and independence of the administrative complaint procedures and independent auditor programs4 7b7 ,noncompliance ,if the ,attorney ,general determines that the recipient of a grant from any covered program is not in compliance with the requirements of section #ajjee or the regulations issued under subsection 7a71 the ,attorney ,general shall withhold1 in whole or in part 7at the discretion of the ,attorney ,general71 funds for one or more grants to the recipient under the covered program1 until the recipient establishes compliance4 7c7 ,private parties ,the ,attorney ,general shall provide notice and an opportunity for private parties to present evidence to the ,attorney ,general that a recipient of a grant from any covered program is not in compliance with the requirements of this part4 #ajjeg4 ,data collection demonstration project 7a7 ,technical assistance grants for data collection 7#a7 ,in general ,the ,attorney ,general may1 through competitive grants or contracts1 carry out a #b-year demonstration project for the purpose of developing and implementing data collection programs on the hit rates for stops and searches by law enforcement agencies4 ,the data collected shall be disaggregated by race1 ethnicity1 national origin1 gender1 and religion4 7#b7 ,number of grants ,the ,attorney ,general shall provide not more than #e grants or contracts under this section4 7#c7 ,eligible grantees ,grants or contracts under this section shall be awarded to law enforcement agencies that serve communities where there is a significant concentration of racial or ethnic minorities and that are not already collecting data voluntarily4 7b7 ,required activities ,activities carried out with a grant under this section shall include-- 7#a7 developing a data collection tool and reporting the compiled data to the ,attorney ,general2 and 7#b7 training of law enforcement personnel on data collection1 particularly for data collection on hit rates for stops and searches4 7c7 ,evaluation ,not later than #c years after the date of enactment of this ,act1 the ,attorney ,general shall enter into a contract with an institution of higher education 7as defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja77 to analyze the data collected by each of the grantees funded under this section4 7d7 ,authorization of appropriations ,there are authorized to be appropriated to carry out activities under this section-- 7#a7 #e1jjj1jjj1 over a #b-year period1 to carry out the demonstration program under subsection 7a72 and 7#b7 #ejj1jjj to carry out the evaluation under subsection 7c74 #ajjeh4 ,development of best practices 7a7 ,use of funds requirement ,section #ejb7;a7 of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaec7;a771 as amended by sections #ajjbc and #ajjbd1 is amended by adding at the end the following3 7#i7 ,an assurance that1 for each fiscal year covered by an application1 the applicant will use not less than #aj percent of the total amount of the grant award for the fiscal year to develop and implement best practice devices and systems to eliminate racial profiling in accordance with section #ajjeh of the ,end ,racial and ,religious ,profiling ,act of #bjbj4 4 7b7 ,development of best practices ,grant amounts described in paragraph 7#i7 of section #ejb7;a7 of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaec7;a771 as added by subsection 7a7 of this section1 shall be for programs that include the following3 7#a7 ,the development and implementation of training to prevent racial profiling and to encourage more respectful interaction with the public4 7#b7 ,the acquisition and use of technology to facilitate the accurate collection and analysis of data4 7#c7 ,the development and acquisition of feedback systems and technologies that identify law enforcement agents or units of agents engaged in1 or at risk of engaging in1 racial profiling or other misconduct4 7#d7 ,the establishment and maintenance of an administrative complaint procedure or independent auditor program4 #ajjei4 ,authorization of appropriations ,there are authorized to be appropriated to the ,attorney ,general such sums as are necessary to carry out this part4 #d ,data ,collection #ajjfj4 ,attorney ,general to issue regulations 7a7 ,regulations ,not later than #f months after the date of enactment of this ,act1 the ,attorney ,general1 in consultation with stakeholders1 including ,federal1 ,state1 and local law enforcement agencies and community1 professional1 research1 and civil rights organizations1 shall issue regulations for the collection and compilation of data under sections #ajjda and #ajjea4 7b7 ,requirements ,the regulations issued under subsection 7a7 shall-- 7#a7 provide for the collection of data on all routine and spontaneous investigatory activities2 7#b7 provide that the data collected shall-- 7,a7 be disaggregated by race1 ethnicity1 national origin1 gender1 disability1 and religion2 7,b7 include the date1 time1 and location of such investigatory activities2 7,c7 include detail sufficient to permit an analysis of whether a law enforcement agency is engaging in racial profiling2 and 7,d7 not include personally identifiable information2 7#c7 provide that a standardized form shall be made available to law enforcement agencies for the submission of collected data to the ,department of ,justice2 7#d7 provide that law enforcement agencies shall compile data on the standardized form made available under paragraph 7#c71 and submit the form to the ,civil ,rights ,division and the ,department of ,justice ,bureau of ,justice ,statistics2 7#e7 provide that law enforcement agencies shall maintain all data collected under this subpart for not less than #d years2 7#f7 include guidelines for setting comparative benchmarks1 consistent with best practices1 against which collected data shall be measured2 7#g7 provide that the ,department of ,justice ,bureau of ,justice ,statistics shall-- 7,a7 analyze the data for any statistically significant disparities1 including-- 7i7 disparities in the percentage of drivers or pedestrians stopped relative to the proportion of the population passing through the neighborhood2 7ii7 disparities in the hit rate2 and 7iii7 disparities in the frequency of searches performed on racial or ethnic minority drivers and the frequency of searches performed on nonminority drivers2 and 7,b7 not later than #c years after the date of enactment of this ,act1 and annually thereafter-- 7i7 prepare a report regarding the findings of the analysis conducted under subparagraph 7,a72 7ii7 provide such report to ,congress2 and 7iii7 make such report available to the public1 including on a website of the ,department of ,justice1 and in accordance with accessibility standards under the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq472 and 7#h7 protect the privacy of individuals whose data is collected by-- 7,a7 limiting the use of the data collected under this subpart to the purposes set forth in this subpart2 7,b7 except as otherwise provided in this subpart1 limiting access to the data collected under this subpart to those ,federal1 ,state1 or local employees or agents who require such access in order to fulfill the purposes for the data set forth in this subpart2 7,c7 requiring contractors or other nongovernmental agents who are permitted access to the data collected under this subpart to sign use agreements incorporating the use and disclosure restrictions set forth in subparagraph 7,a72 and 7,d7 requiring the maintenance of adequate security measures to prevent unauthorized access to the data collected under this subpart4 #ajjfa4 ,publication of data ,the ,director of the ,bureau of ,justice ,statistics of the ,department of ,justice shall provide to ,congress and make available to the public1 together with each annual report described in section #ajjfj1 the data collected pursuant to this subpart1 excluding any personally identifiable information described in section #ajjfc4 #ajjfb4 ,limitations on publication of data ,the name or identifying information of a law enforcement agent1 complainant1 or any other individual involved in any activity for which data is collected and compiled under this subpart shall not be-- 7#a7 released to the public2 7#b7 disclosed to any person1 except for-- 7,a7 such disclosures as are necessary to comply with this subpart2 7,b7 disclosures of information regarding a particular person to that person2 or 7,c7 disclosures pursuant to litigation2 or 7#c7 subject to disclosure under section #eeb of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act71 except for disclosures of information regarding a particular person to that person4 #e ,department of ,justice ,regulations and ,reports on ,racial ,profiling in the ,united ,states #ajjfc4 ,attorney ,general to issue regulations and reports 7a7 ,regulations ,in addition to the regulations required under sections #ajjeg and #ajjea1 the ,attorney ,general shall issue such other regulations as the ,attorney ,general determines are necessary to implement this subpart4 7b7 ,reports 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 and annually thereafter1 the ,attorney ,general shall submit to ,congress a report on racial profiling by law enforcement agencies4 7#b7 ,scope ,each report submitted under paragraph 7#a7 shall include-- 7,a7 a summary of data collected under sections #ajjed7;b77#c7 and #ajjee7;b77#c7 and from any other reliable source of information regarding racial profiling in the ,united ,states2 7,b7 a discussion of the findings in the most recent report prepared by the ,department of ,justice ,bureau of ,justice ,statistics under section #ajjfj7;b77#g72 7,c7 the status of the adoption and implementation of policies and procedures by ,federal law enforcement agencies under section #ajjed and by the ,state and local law enforcement agencies under sections #ajjee and #ajjef2 and 7,d7 a description of any other policies and procedures that the ,attorney ,general believes would facilitate the elimination of racial profiling4 ,,ii ,additional ,reforms #ajjfd4 ,training on racial bias and duty to intervene 7a7 ,in general ,the ,attorney ,general shall establish-- 7#a7 a training program for law enforcement officers to cover racial profiling1 implicit bias1 and procedural justice2 and 7#b7 a clear duty for ,federal law enforcement officers to intervene in cases where another law enforcement officer is using excessive force against a civilian1 and establish a training program that covers the duty to intervene4 7b7 ,mandatory training for ,federal law enforcement officers ,the head of each ,federal law enforcement agency shall require each ,federal law enforcement officer employed by the agency to complete the training programs established under subsection 7a74 7c7 ,limitation on eligibility for funds ,beginning in the first fiscal year that begins after the date that is one year after the date of enactment of this ,act1 a ,state or unit of local government may not receive funds under the ,byrne grant program for a fiscal year if1 on the day before the first day of the fiscal year1 the ,state or unit of local government does not require each law enforcement officer in the ,state or unit of local government to complete the training programs established under subsection 7a74 7d7 ,grants ,to train law enforcement officers on use of force ,section #eja7;a77#a7 of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaeb7;a77#a77 is amended by adding at the end the following3 7,i7 ,training programs for law enforcement officers1 including training programs on use of force and a duty to intervene4 4 #ajjfe4 ,ban on no-knock warrants in drug cases 7a7 ,ban on ,federal warrants in drug cases ,section #eji of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hgi7 is amended by adding at the end the following3 ,a search warrant authorized under this section shall require that a law enforcement officer execute the search warrant only after providing notice of his or her authority and purpose44 7b7 ,limitation on eligibility for funds ,beginning in the first fiscal year that begins after the date that is one year after the date of enactment of this ,act1 a ,state or unit of local government may not receive funds under the ,,cops grant program for a fiscal year if1 on the day before the first day of the fiscal year1 the ,state or unit of local government does not have in effect a law that prohibits the issuance of a no-knock warrant in a drug case4 7c7 ,definition ,in this section1 the term no-knock warrant means a warrant that allows a law enforcement officer to enter a property without requiring the law enforcement officer to announce the presence of the law enforcement officer or the intention of the law enforcement officer to enter the property4 #ajjff4 ,incentivizing banning of chokeholds and carotid holds 7a7 ,definition ,in this section1 the term chokehold or carotid hold means the application of any pressure to the throat or windpipe1 the use of maneuvers that restrict blood or oxygen flow to the brain1 or carotid artery restraints that prevent or hinder breathing or reduce intake of air of an individual4 7b7 ,limitation on eligibility for funds ,beginning in the first fiscal year that begins after the date that is one year after the date of enactment of this ,act1 a ,state or unit of local government may not receive funds under the ,byrne grant program or the ,,cops grant program for a fiscal year if1 on the day before the first day of the fiscal year1 the ,state or unit of local government does not have in effect a law that prohibits law enforcement officers in the ,state or unit of local government from using a chokehold or carotid hold4 7c7 ,chokeholds as civil rights violations 7#a7 ,short title ,this subsection may be cited as the ,eric ,garner ,excessive ,use of ,force ,prevention ,act4 7#b7 ,chokeholds as civil rights violations ,section #bdb of title #ah1 ,united ,states ,code1 as amended by section #ajjaa1 is amended by adding at the end the following3 ,for the purposes of this section1 the application of any pressure to the throat or windpipe1 use of maneuvers that restrict blood or oxygen flow to the brain1 or carotid artery restraints which prevent or hinder breathing or reduce intake of air is a punishment1 pain1 or penalty44 #ajjfg4 ,,peace ,act 7a7 ,short title ,this section may be cited as the ,police ,exercising ,absolute ,care ,with ,everyone ,act of #bjbj or the ,,peace ,act of #bjbj4 7b7 ,use of force by ,federal law enforcement officers 7#a7 ,definitions ,in this subsection3 7,a7 ,deescalation tactics and techniques ,the term deescalation tactics and techniques means proactive actions and approaches used by a ,federal law enforcement officer to stabilize the situation so that more time1 options1 and resources are available to gain a person's voluntary compliance and reduce or eliminate the need to use force1 including verbal persuasion1 warnings1 tactical techniques1 slowing down the pace of an incident1 waiting out a subject1 creating distance between the officer and the threat1 and requesting additional resources to resolve the incident4 7,b7 ,necessary ,the term necessary means that another reasonable ,federal law enforcement officer would objectively conclude1 under the totality of the circumstances1 that there was no reasonable alternative to the use of force4 7,c7 ,reasonable alternatives 7i7 ,in general ,the term reasonable alternatives means tactics and methods used by a ,federal law enforcement officer to effectuate an arrest that do not unreasonably increase the risk posed to the law enforcement officer or another person1 including verbal communication1 distance1 warnings1 deescalation tactics and techniques1 tactical repositioning1 and other tactics and techniques intended to stabilize the situation and reduce the immediacy of the risk so that more time1 options1 and resources can be called upon to resolve the situation without the use of force4 7ii7 ,deadly force ,with respect to the use of deadly force1 the term reasonable alternatives includes the use of less lethal force4 7,d7 ,totality of the circumstances ,the term totality of the circumstances means all credible facts known to the ,federal law enforcement officer leading up to and at the time of the use of force1 including the actions of the person against whom the ,federal law enforcement officer uses such force and the actions of the ,federal law enforcement officer4 7#b7 ,prohibition on less lethal force ,a ,federal law enforcement officer may not use any less lethal force unless-- 7,a7 the form of less lethal force used is necessary and proportional in order to effectuate an arrest of a person who the officer has probable cause to believe has committed a criminal offense2 and 7,b7 reasonable alternatives to the use of the form of less lethal force have been exhausted4 7#c7 ,prohibition on deadly use of force ,a ,federal law enforcement officer may not use deadly force against a person unless-- 7,a7 the form of deadly force used is necessary1 as a last resort1 to prevent imminent and serious bodily injury or death to the officer or another person2 7,b7 the use of the form of deadly force creates no substantial risk of injury to a third person2 and 7,c7 reasonable alternatives to the use of the form of deadly force have been exhausted4 7#d7 ,requirement to give verbal warning ,when feasible1 prior to using force against a person1 a ,federal law enforcement officer shall identify himself or herself as a ,federal law enforcement officer1 and issue a verbal warning to the person that the ,federal law enforcement officer seeks to apprehend1 which shall-- 7,a7 include a request that the person surrender to the law enforcement officer2 and 7,b7 notify the person that the law enforcement officer will use force against the person if the person resists arrest or flees4 7#e7 ,guidance on use of force ,not later than #abj days after the date of enactment of this ,act1 the ,attorney ,general1 in consultation with impacted persons1 communities1 and organizations1 including representatives of civil and human rights organizations1 victims of police use of force1 and representatives of law enforcement associations1 shall provide guidance to ,federal law enforcement agencies on-- 7,a7 the types of less lethal force and deadly force that are prohibited under paragraphs 7#b7 and 7#c72 and 7,b7 how a ,federal law enforcement officer can-- 7i7 assess whether the use of force is appropriate and necessary2 and 7ii7 use the least amount of force when interacting with-- 7,i7 pregnant individuals2 7,,ii7 children and youth under #ba years of age2 7,,iii7 elderly persons2 7,,iv7 persons with mental1 behavioral1 or physical disabilities or impairments2 7,v7 persons experiencing perceptual or cognitive impairments due to use of alcohol1 narcotics1 hallucinogens1 or other drugs2 7,,vi7 persons suffering from a serious medical condition2 and 7,,vii7 persons with limited ,english proficiency4 7#f7 ,training ,the ,attorney ,general shall provide training to ,federal law enforcement officers on interacting people described in subclauses 7,i7 through 7,,vii7 of paragraph 7#e77;,b77ii74 7#g7 ,limitation on justification defense 7,a7 ,in general ,chapter #ea of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #aabc4 ,limitation on justification defense for ,federal law enforcement officers 7a7 ,in general ,it is not a defense to an offense under section #aaaa or #aaab that the use of less lethal force or deadly force by a ,federal law enforcement officer was justified if-- 7#a7 that officer's use of use of such force was inconsistent with section #ajjfg7;b7 of the ,george ,floyd ,justice in ,policing ,act of #bjbj2 or 7#b7 that officer's gross negligence1 leading up to and at the time of the use of force1 contributed to the necessity of the use of such force4 7b7 ,definitions ,in this section-- 7#a7 the terms deadly force and less lethal force have the meanings given such terms in section #ajjjb and section #ajjfg of the ,george ,floyd ,justice in ,policing ,act of #bjbj2 and 7#b7 the term ,federal law enforcement officer has the meaning given such term in section #aae4 4 7,b7 ,clerical amendment ,the table of sections for chapter #ea of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #aabb the following3 #aabc4 ,limitation on justification defense for ,federal law enforcement officers4 4 7c7 ,limitation on the receipt of funds under the ,edward ,byrne ,memorial ,justice ,assistance ,grant ,program 7#a7 ,limitation ,a ,state or unit of local government1 other than an ,indian ,tribe1 may not receive funds that the ,state or unit of local government would otherwise receive under a ,byrne grant program for a fiscal year if1 on the day before the first day of the fiscal year1 the ,state or unit of local government does not have in effect a law that is consistent with subsection 7b7 of this section and section #aabc of title #ah1 ,united ,states ,code1 as determined by the ,attorney ,general4 7#b7 ,subsequent enactment 7,a7 ,in general ,if funds described in paragraph 7#a7 are withheld from a ,state or unit of local government pursuant to paragraph 7#a7 for #a or more fiscal years1 and the ,state or unit of local government enacts or puts in place a law described in paragraph 7#a71 and demonstrates substantial efforts to enforce such law1 subject to subparagraph 7,b71 the ,state or unit of local government shall be eligible1 in the fiscal year after the fiscal year during which the ,state or unit of local government demonstrates such substantial efforts1 to receive the total amount that the ,state or unit of local government would have received during each fiscal year for which funds were withheld4 7,b7 ,limit on amount of prior year funds ,a ,state or unit of local government may not receive funds under subparagraph 7,a7 in an amount that is more than the amount withheld from the ,state or unit of local government during the #e-;fiscal-year period before the fiscal year during which funds are received under subparagraph 7,a74 7#c7 ,guidance ,not later than #abj days after the date of enactment of this ,act1 the ,attorney ,general1 in consultation with impacted persons1 communities1 and organizations1 including representatives of civil and human rights organizations1 individuals against whom a law enforcement officer used force1 and representatives of law enforcement associations1 shall make guidance available to ,states and units of local government on the criteria that the ,attorney ,general will use in determining whether the ,state or unit of local government has in place a law described in paragraph 7#a74 7#d7 ,application ,this subsection shall apply to the first fiscal year that begins after the date that is #a year after the date of the enactment of this ,act1 and each fiscal year thereafter4 #ajjfh4 ,stop ,militarizing ,law ,enforcement ,act 7a7 ,findings ,congress makes the following findings3 7#a7 ,under section #begf;a of title #aj1 ,united ,states ,code1 the ,department of ,defense is authorized to provide excess property to local law enforcement agencies4 ,the ,defense ,logistics ,agency1 administers such section by operating the ,law ,enforcement ,support ,office program4 7#b7 ,new and used material1 including mine-resistant ambush-protected vehicles and weapons determined by the ,department of ,defense to be military grade are transferred to ,federal1 ,tribal1 ,state1 and local law enforcement agencies through the program4 7#c7 ,as a result local law enforcement agencies1 including police and sheriff's departments1 are acquiring this material for use in their normal operations4 7#d7 ,as a result of the wars in ,iraq and ,afghanistan1 military equipment purchased for1 and used in1 those wars has become excess property and has been made available for transfer to local and ,federal law enforcement agencies4 7#e7 ,in ,fiscal ,year #bjag1 #ejd1jjj1jjj worth of property was transferred to law enforcement agencies4 7#f7 ,more than #f1hjj1jjj1jjj worth of weapons and equipment have been transferred to police organizations in all #ej ,states and four territories through the program4 7#g7 ,in ,may #bjab1 the ,defense ,logistics ,agency instituted a moratorium on weapons transfers through the program after reports of missing equipment and inappropriate weapons transfers4 7#h7 ,though the moratorium was widely publicized1 it was lifted in ,october #bjac without adequate safeguards4 7#i7 ,on ,january #af1 #bjae1 ,president ,barack ,obama issued ,executive ,order #acfhh to better coordinate and regulate the federal transfer of military weapons and equipment to ,state1 local1 and ,tribal law enforcement agencies4 7#aj7 ,in ,july1 #bjag1 the ,government ,accountability ,office reported that the program's internal controls were inadequate to prevent fraudulent applicants' access to the program4 7#aa7 ,on ,august1 #bh1 #bjag1 ,president ,donald ,trump rescinded ,executive ,order #acfhh despite a ,july #bjag ,government ,accountability ,office report finding deficiencies with the administration of the #ajcc program4 7#ab7 ,as a result1 ,federal1 ,state1 and local law enforcement departments across the country are eligible again to acquire free military-grade weapons and equipment that could be used inappropriately during policing efforts in which people and taxpayers could be harmed4 7#ac7 ,the ,department of ,defense categorizes equipment eligible for transfer under the #ajcc program as controlled and un-controlled equipment4 ,controlled equipment includes weapons1 explosives such as flash-bang grenades1 mine-resistant ambush-protected vehicles1 long-range acoustic devices1 aircraft capable of being modified to carry armament that are combat coded1 and silencers1 among other military grade items4 7b7 ,limitation on ,department of ,defense transfer of personal property to local law enforcement agencies 7#a7 ,in general ,section #begf;a of title #aj1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#a77;,a71 by striking counterdrug1 counterterrorism1 and border security activities and inserting counterterrorism2 and 7ii7 in paragraph 7#b71 by striking 1 the ,director of ,national ,drug ,control ,policy12 7,b7 in subsection 7b7-- 7i7 in paragraph 7#e71 by striking and at the end2 7ii7 in paragraph 7#f71 by striking the period and inserting a semicolon2 and 7iii7 by adding at the end the following new paragraphs3 7#g7 the recipient submits to the ,department of ,defense a description of how the recipient expects to use the property2 7#h7 the recipient certifies to the ,department of ,defense that if the recipient determines that the property is surplus to the needs of the recipient1 the recipient will return the property to the ,department of ,defense2 7#i7 with respect to a recipient that is not a ,federal agency1 the recipient certifies to the ,department of ,defense that the recipient notified the local community of the request for personal property under this section by-- 7,a7 publishing a notice of such request on a publicly accessible ,internet website2 7,b7 posting such notice at several prominent locations in the jurisdiction of the recipient2 and 7,c7 ensuring that such notices were available to the local community for a period of not less than #cj days2 and 7#aj7 the recipient has received the approval of the city council or other local governing body to acquire the personal property sought under this section4 2 7,c7 by striking subsection 7d72 7,d7 by redesignating subsections 7e7 and 7f7 as subsections 7o7 and 7p71 respectively2 and 7,e7 by inserting after subsection 7c7 the following new subsections3 7d7 ,annual certification accounting for transferred property 7#a7 ,for each fiscal year1 the ,secretary shall submit to ,congress certification in writing that each ,federal or ,state agency to which the ,secretary has transferred property under this section-- 7,a7 has provided to the ,secretary documentation accounting for all controlled property1 including arms and ammunition1 that the ,secretary has transferred to the agency1 including any item described in subsection 7f7 so transferred before the date of the enactment of the ,george ,floyd ,justice in ,policing ,act of #bjbj2 and 7,b7 with respect to a non-,federal agency1 carried out each of paragraphs 7#e7 through 7#h7 of subsection 7b74 7#b7 ,if the ,secretary does not provide a certification under paragraph 7#a7 for a ,federal or ,state agency1 the ,secretary may not transfer additional property to that agency under this section4 7e7 ,annual report on excess property ,before making any property available for transfer under this section1 the ,secretary shall annually submit to ,congress a description of the property to be transferred together with a certification that the transfer of the property would not violate this section or any other provision of law4 7f7 ,limitations on transfers 7#a7 ,the ,secretary may not transfer to ,federal1 ,tribal1 ,state1 or local law enforcement agencies the following under this section3 7,a7 ,firearms1 ammunition1 bayonets1 grenade launchers1 grenades 7including stun and flash-bang71 and explosives4 7,b7 ,vehicles1 except for passenger automobiles 7as such term is defined in section #cbija7;a77#ah7 of title #di1 ,united ,states ,code7 and bucket trucks4 7,c7 ,drones4 7,d7 ,controlled aircraft that-- 7i7 are combat configured or combat coded2 or 7ii7 have no established commercial flight application4 7,e7 ,silencers4 7,f7 ,long-range acoustic devices4 7,g7 ,items in the ,federal ,supply ,class of banned items4 7#b7 ,the ,secretary may not require1 as a condition of a transfer under this section1 that a ,federal or ,state agency demonstrate the use of any small arms or ammunition4 7#c7 ,the limitations under this subsection shall also apply with respect to the transfer of previously transferred property of the ,department of ,defense from one ,federal or ,state agency to another such agency4 7#d7 7,a7 ,the ,secretary may waive the applicability of paragraph 7#a7 to a vehicle described in subparagraph 7,b7 of such paragraph 7other than a mine-resistant ambush-protected vehicle71 if the ,secretary determines that such a waiver is necessary for disaster or rescue purposes or for another purpose where life and public safety are at risk1 as demonstrated by the proposed recipient of the vehicle4 7,b7 ,if the ,secretary issues a waiver under subparagraph 7,a71 the ,secretary shall-- 7i7 submit to ,congress notice of the waiver1 and post such notice on a public ,internet website of the ,department1 by not later than #cj days after the date on which the waiver is issued2 and 7ii7 require1 as a condition of the waiver1 that the recipient of the vehicle for which the waiver is issued provides public notice of the waiver and the transfer1 including the type of vehicle and the purpose for which it is transferred1 in the jurisdiction where the recipient is located by not later than #cj days after the date on which the waiver is issued4 7#e7 ,the ,secretary may provide for an exemption to the limitation under subparagraph 7,d7 of paragraph 7#a7 in the case of parts for aircraft described in such subparagraph that are transferred as part of regular maintenance of aircraft in an existing fleet4 7#f7 ,the ,secretary shall require1 as a condition of any transfer of property under this section1 that the ,federal or ,state agency that receives the property shall return the property to the ,secretary if the agency-- 7,a7 is investigated by the ,department of ,justice for any violation of civil liberties2 or 7,b7 is otherwise found to have engaged in widespread abuses of civil liberties4 7g7 ,conditions for extension of program ,notwithstanding any other provision of law1 amounts authorized to be appropriated or otherwise made available for any fiscal year may not be obligated or expended to carry out this section unless the ,secretary submits to ,congress certification that for the preceding fiscal year that-- 7#a7 each ,federal or ,state agency that has received controlled property transferred under this section has-- 7,a7 demonstrated #ajj percent accountability for all such property1 in accordance with paragraph 7#b7 or 7#c71 as applicable2 or 7,b7 been suspended from the program pursuant to paragraph 7#d72 7#b7 with respect to each non-,federal agency that has received controlled property under this section1 the ,state coordinator responsible for each such agency has verified that the coordinator or an agent of the coordinator has conducted an in-person inventory of the property transferred to the agency and that #ajj percent of such property was accounted for during the inventory or that the agency has been suspended from the program pursuant to paragraph 7#d72 7#c7 with respect to each ,federal agency that has received controlled property under this section1 the ,secretary of ,defense or an agent of the ,secretary has conducted an in-person inventory of the property transferred to the agency and that #ajj percent of such property was accounted for during the inventory or that the agency has been suspended from the program pursuant to paragraph 7#d72 7#d7 the eligibility of any agency that has received controlled property under this section for which #ajj percent of the property was not accounted for during an inventory described in paragraph 7#a7 or 7#b71 as applicable1 to receive any property transferred under this section has been suspended2 and 7#e7 each ,state coordinator has certified1 for each non-,federal agency located in the ,state for which the ,state coordinator is responsible that-- 7,a7 the agency has complied with all requirements under this section2 or 7,b7 the eligibility of the agency to receive property transferred under this section has been suspended2 and 7#f7 the ,secretary of ,defense has certified1 for each ,federal agency that has received property under this section that-- 7,a7 the agency has complied with all requirements under this section2 or 7,b7 the eligibility of the agency to receive property transferred under this section has been suspended4 7h7 ,prohibition on ownership of controlled property ,a ,federal or ,state agency that receives controlled property under this section may not take ownership of the property4 7i7 ,notice to ,congress of property downgrades ,not later than #cj days before downgrading the classification of any item of personal property from controlled or ,federal ,supply ,class1 the ,secretary shall submit to ,congress notice of the proposed downgrade4 7j7 ,notice to ,congress of property cannibalization ,before the ,defense ,logistics ,agency authorizes the recipient of property transferred under this section to cannibalize the property1 the ,secretary shall submit to ,congress notice of such authorization1 including the name of the recipient requesting the authorization1 the purpose of the proposed cannibalization1 and the type of property proposed to be cannibalized4 7k7 ,quarterly reports on use of controlled equipment ,not later than #cj days after the last day of a fiscal quarter1 the ,secretary shall submit to ,congress a report on any uses of controlled property transferred under this section during that fiscal quarter4 7l7 ,reports to ,congress ,not later than #cj days after the last day of a fiscal year1 the ,secretary shall submit to ,congress a report on the following for the preceding fiscal year3 7#a7 ,the percentage of equipment lost by recipients of property transferred under this section1 including specific information about the type of property lost1 the monetary value of such property1 and the recipient that lost the property4 7#b7 ,the transfer of any new 7condition code ,a7 property transferred under this section1 including specific information about the type of property1 the recipient of the property1 the monetary value of each item of the property1 and the total monetary value of all such property transferred during the fiscal year4 4 7#b7 ,effective date ,the amendments made by paragraph 7#a7 shall apply with respect to any transfer of property made after the date of the enactment of this ,act4 #ajjfi4 ,public safety innovation grants 7a7 ,byrne grants used for local task forces on public safety innovation ,section #eja7;a7 of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaea7;a771 as amended by this ,act1 is further amended by adding at the end the following3 7#c7 ,local task forces on public safety innovation 7,a7 ,in general ,a law enforcement program under paragraph 7#a77;,a7 may include the development of best practices for and the creation of local task forces on public safety innovation1 charged with exploring and developing new strategies for public safety1 including non-law enforcement strategies4 7,b7 ,definition ,the term local task force on public safety innovation means an administrative entity1 created from partnerships between community-based organizations and other local stakeholders1 that may develop innovative law enforcement and non-law enforcement strategies to enhance just and equitable public safety1 repair breaches of trust between law enforcement agencies and the community they pledge to serve1 and enhance accountability of law enforcement officers4 4 7b7 ,crisis ,intervention ,teams ,section #eja7;c7 of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaeb7;c77 is amended by adding at the end the following3 7#c7 ,in the case of crisis intervention teams funded under subsection 7a77#a77;,h71 a program assessment under this subsection shall contain a report on best practices for crisis intervention4 4 7c7 ,use of ,,cops grant program ,to hire law enforcement officers who are residents of the communities they serve ,section #agja7;b7 of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajcha7;b771 as amended by this ,act1 is further amended-- 7#a7 by redesignating paragraphs 7#bc7 and 7#bd7 as paragraphs 7#bf7 and 7#bg71 respectively2 7#b7 in paragraph 7#bf71 as so redesignated1 by striking 7#bb7 and inserting 7#be72 and 7#c7 by inserting after paragraph 7#bb7 the following3 7#bc7 to recruit1 hire1 incentivize1 retain1 develop1 and train new1 additional career law enforcement officers or current law enforcement officers who are willing to relocate to communities-- 7,a7 where there are poor or fragmented relationships between police and residents of the community1 or where there are high incidents of crime2 and 7,b7 that are the communities that the law enforcement officers serve1 or that are in close proximity to the communities that the law enforcement officers serve2 7#bd7 to collect data on the number of law enforcement officers who are willing to relocate to the communities where they serve1 and whether such law enforcement officer relocations have impacted crime in such communities2 7#be7 to develop and publicly report strategies and timelines to recruit1 hire1 promote1 retain1 develop1 and train a diverse and inclusive law enforcement workforce1 consistent with merit system principles and applicable law2 4 ,,iii ,law ,enforcement ,body ,cameras #a ,federal ,police ,camera and ,accountability ,act #ajjgj4 ,short title ,this chapter may be cited as the ,federal ,police ,camera and ,accountability ,act4 #ajjga4 ,requirements for ,federal law enforcement officers regarding the use of body cameras 7a7 ,definitions ,in this section3 7#a7 ,minor ,the term minor means any individual under #ah years of age4 7#b7 ,subject of the video footage ,the term subject of the video footage-- 7,a7 means any identifiable ,federal law enforcement officer or any identifiable suspect1 victim1 detainee1 conversant1 injured party1 or other similarly situated person who appears on the body camera recording2 and 7,b7 does not include people who only incidentally appear on the recording4 7#c7 ,video footage ,the term video footage means any images or audio recorded by a body camera4 7b7 ,requirement to wear body camera 7#a7 ,in general ,federal law enforcement officers shall wear a body camera4 7#b7 ,requirement for body camera ,a body camera required under paragraph 7#a7 shall-- 7,a7 have a field of view at least as broad as the officer's vision2 and 7,b7 be worn in a manner that maximizes the camera's ability to capture video footage of the officer's activities4 7c7 ,requirement ,to activate 7#a7 ,in general ,both the video and audio recording functions of the body camera shall be activated whenever a ,federal law enforcement officer is responding to a call for service or at the initiation of any other law enforcement or investigative stop 7as such term is defined in section #ajjgb7 between a ,federal law enforcement officer and a member of the public1 except that when an immediate threat to the officer's life or safety makes activating the camera impossible or dangerous1 the officer shall activate the camera at the first reasonable opportunity to do so4 7#b7 ,allowable deactivation ,the body camera shall not be deactivated until the stop has fully concluded and the ,federal law enforcement officer leaves the scene4 7d7 ,notification of subject of recording ,a ,federal law enforcement officer who is wearing a body camera shall notify any subject of the recording that he or she is being recorded by a body camera as close to the inception of the stop as is reasonably possible4 7e7 ,requirements ,notwithstanding subsection 7c71 the following shall apply to the use of a body camera3 7#a7 ,prior to entering a private residence without a warrant or in non-exigent circumstances1 a ,federal law enforcement officer shall ask the occupant if the occupant wants the officer to discontinue use of the officer's body camera4 ,if the occupant responds affirmatively1 the ,federal law enforcement officer shall immediately discontinue use of the body camera4 7#b7 ,when interacting with an apparent crime victim1 a ,federal law enforcement officer shall1 as soon as practicable1 ask the apparent crime victim if the apparent crime victim wants the officer to discontinue use of the officer's body camera4 ,if the apparent crime victim responds affirmatively1 the ,federal law enforcement officer shall immediately discontinue use of the body camera4 7#c7 ,when interacting with a person seeking to anonymously report a crime or assist in an ongoing law enforcement investigation1 a ,federal law enforcement officer shall1 as soon as practicable1 ask the person seeking to remain anonymous1 if the person seeking to remain anonymous wants the officer to discontinue use of the officer's body camera4 ,if the person seeking to remain anonymous responds affirmatively1 the ,federal law enforcement officer shall immediately discontinue use of the body camera4 7f7 ,recording of offers ,to discontinue use of body camera ,each offer of a ,federal law enforcement officer to discontinue the use of a body camera made pursuant to subsection 7e71 and the responses thereto1 shall be recorded by the body camera prior to discontinuing use of the body camera4 7g7 ,limitations on use of body camera ,body cameras shall not be used to gather intelligence information based on ,first ,amendment protected speech1 associations1 or religion1 or to record activity that is unrelated to a response to a call for service or a law enforcement or investigative stop between a law enforcement officer and a member of the public1 and shall not be equipped with or employ any facial recognition technologies4 7h7 ,exceptions ,federal law enforcement officers-- 7#a7 shall not be required to use body cameras during investigative or enforcement stops with the public in the case that-- 7,a7 recording would risk the safety of a confidential informant1 citizen informant1 or undercover officer2 7,b7 recording would pose a serious risk to national security2 or 7,c7 the officer is a military police officer1 a member of the ,united ,states ,army ,criminal ,investigation ,command1 or a protective detail assigned to a ,federal or foreign official while performing his or her duties2 and 7#b7 shall not activate a body camera while on the grounds of any public1 private or parochial elementary or secondary school1 except when responding to an imminent threat to life or health4 7i7 ,retention of footage 7#a7 ,in general ,body camera video footage shall be retained by the law enforcement agency that employs the officer whose camera captured the footage1 or an authorized agent thereof1 for #f months after the date it was recorded1 after which time such footage shall be permanently deleted4 7#b7 ,right to inspect ,during the #f-month retention period described in paragraph 7#a71 the following persons shall have the right to inspect the body camera footage3 7,a7 ,any person who is a subject of body camera video footage1 and their designated legal counsel4 7,b7 ,a parent or legal guardian of a minor subject of body camera video footage1 and their designated legal counsel4 7,c7 ,the spouse1 next of kin1 or legally authorized designee of a deceased subject of body camera video footage1 and their designated legal counsel4 7,d7 ,a ,federal law enforcement officer whose body camera recorded the video footage1 and their designated legal counsel1 subject to the limitations and restrictions in this part4 7,e7 ,the superior officer of a ,federal law enforcement officer whose body camera recorded the video footage1 subject to the limitations and restrictions in this part4 7,f7 ,any defense counsel who claims1 pursuant to a written affidavit1 to have a reasonable basis for believing a video may contain evidence that exculpates a client4 7#c7 ,limitation ,the right to inspect subject to subsection 7j77#a7 shall not include the right to possess a copy of the body camera video footage1 unless the release of the body camera footage is otherwise authorized by this part or by another applicable law4 ,when a body camera fails to capture some or all of the audio or video of an incident due to malfunction1 displacement of camera1 or any other cause1 any audio or video footage that is captured shall be treated the same as any other body camera audio or video footage under this part4 7j7 ,additional retention requirements ,notwithstanding the retention and deletion requirements in subsection 7i71 the following shall apply to body camera video footage under this part3 7#a7 ,body camera video footage shall be automatically retained for not less than #c years if the video footage captures an interaction or event involving-- 7,a7 any use of force2 or 7,b7 an stop about which a complaint has been registered by a subject of the video footage4 7#b7 ,body camera video footage shall be retained for not less than #c years if a longer retention period is voluntarily requested by-- 7,a7 the ,federal law enforcement officer whose body camera recorded the video footage1 if that officer reasonably asserts the video footage has evidentiary or exculpatory value in an ongoing investigation2 7,b7 any ,federal law enforcement officer who is a subject of the video footage1 if that officer reasonably asserts the video footage has evidentiary or exculpatory value2 7,c7 any superior officer of a ,federal law enforcement officer whose body camera recorded the video footage or who is a subject of the video footage1 if that superior officer reasonably asserts the video footage has evidentiary or exculpatory value2 7,d7 any ,federal law enforcement officer1 if the video footage is being retained solely and exclusively for police training purposes2 7,e7 any member of the public who is a subject of the video footage2 7,f7 any parent or legal guardian of a minor who is a subject of the video footage2 or 7,g7 a deceased subject's spouse1 next of kin1 or legally authorized designee4 7k7 ,public review ,for purposes of subparagraphs 7,e71 7,f71 and 7,g7 of subsection 7j77#b71 any member of the public who is a subject of video footage1 the parent or legal guardian of a minor who is a subject of the video footage1 or a deceased subject's next of kin or legally authorized designee1 shall be permitted to review the specific video footage in question in order to make a determination as to whether they will voluntarily request it be subjected to a minimum #c-year retention period4 7l7 ,disclosure 7#a7 ,in general ,except as provided in paragraph 7#b71 all video footage of an interaction or event captured by a body camera1 if that interaction or event is identified with reasonable specificity and requested by a member of the public1 shall be provided to the person or entity making the request in accordance with the procedures for requesting and providing government records set forth in the section #eeb;a of title #e1 ,united ,states ,code4 7#b7 ,exceptions ,the following categories of video footage shall not be released to the public in the absence of express written permission from the non-law enforcement subjects of the video footage3 7,a7 ,video footage not subject to a minimum #c-year retention period pursuant to subsection 7j74 7,b7 ,video footage that is subject to a minimum #c-year retention period solely and exclusively pursuant to paragraph 7#a77;,b7 or 7#b7 of subsection 7j74 7#c7 ,priority of requests ,notwithstanding any time periods established for acknowledging and responding to records requests in section #eeb;a of title #e1 ,united ,states ,code1 responses to requests for video footage that is subject to a minimum #c-year retention period pursuant to subsection 7j77#a77;,a71 where a subject of the video footage is recorded being killed1 shot by a firearm1 or grievously injured1 shall be prioritized and1 if approved1 the requested video footage shall be provided as expeditiously as possible1 but in no circumstances later than #e days following receipt of the request4 7#d7 ,use of redaction technology 7,a7 ,in general ,whenever doing so is necessary to protect personal privacy1 the right to a fair trial1 the identity of a confidential source or crime victim1 or the life or physical safety of any person appearing in video footage1 redaction technology may be used to obscure the face and other personally identifying characteristics of that person1 including the tone of the person's voice1 provided the redaction does not interfere with a viewer's ability to fully1 completely1 and accurately comprehend the events captured on the video footage4 7,b7 ,requirements ,the following requirements shall apply to redactions under subparagraph 7,a73 7i7 ,when redaction is performed on video footage pursuant to this paragraph1 an unedited1 original version of the video footage shall be retained pursuant to the requirements of subsections 7i7 and 7j74 7ii7 ,except pursuant to the rules for the redaction of video footage set forth in this subsection or where it is otherwise expressly authorized by this ,act1 no other editing or alteration of video footage1 including a reduction of the video footage's resolution1 shall be permitted4 7m7 ,prohibited withholding of footage ,body camera video footage may not be withheld from the public on the basis that it is an investigatory record or was compiled for law enforcement purposes where any person under investigation or whose conduct is under review is a police officer or other law enforcement employee and the video footage relates to that person's conduct in their official capacity4 7n7 ,admissibility ,any video footage retained beyond #f months solely and exclusively pursuant to subsection 7j77#b77;,d7 shall not be admissible as evidence in any criminal or civil legal or administrative proceeding4 7o7 ,confidentiality ,no government agency or official1 or law enforcement agency1 officer1 or official may publicly disclose1 release1 or share body camera video footage unless-- 7#a7 doing so is expressly authorized pursuant to this part or another applicable law2 or 7#b7 the video footage is subject to public release pursuant to subsection 7l71 and not exempted from public release pursuant to subsection 7l77#a74 7p7 ,limitation on ,federal law enforcement officer viewing of body camera footage ,no ,federal law enforcement officer shall review or receive an accounting of any body camera video footage that is subject to a minimum #c-year retention period pursuant to subsection 7j77#a7 prior to completing any required initial reports1 statements1 and interviews regarding the recorded event1 unless doing so is necessary1 while in the field1 to address an immediate threat to life or safety4 7q7 ,additional limitations ,video footage may not be-- 7#a7 in the case of footage that is not subject to a minimum #c-year retention period1 viewed by any superior officer of a ,federal law enforcement officer whose body camera recorded the footage absent a specific allegation of misconduct2 or 7#b7 divulged or used by any law enforcement agency for any commercial or other non-law enforcement purpose4 7r7 ,third party maintenance of footage ,where a law enforcement agency authorizes a third party to act as its agent in maintaining body camera footage1 the agent shall not be permitted to independently access1 view1 or alter any video footage1 except to delete videos as required by law or agency retention policies4 7s7 ,enforcement 7#a7 ,in general ,if any ,federal law enforcement officer1 or any employee or agent of a ,federal law enforcement agency fails to adhere to the recording or retention requirements contained in this part1 intentionally interferes with a body camera's ability to accurately capture video footage1 or otherwise manipulates the video footage captured by a body camera during or after its operation-- 7,a7 appropriate disciplinary action shall be taken against the individual officer1 employee1 or agent2 7,b7 a rebuttable evidentiary presumption shall be adopted in favor of a criminal defendant who reasonably asserts that exculpatory evidence was destroyed or not captured2 and 7,c7 a rebuttable evidentiary presumption shall be adopted on behalf of a civil plaintiff suing the ,government1 a ,federal law enforcement agency1 or a ,federal law enforcement officer for damages based on misconduct who reasonably asserts that evidence supporting their claim was destroyed or not captured4 7#b7 ,proof compliance was impossible ,the disciplinary action requirement and rebuttable presumptions described in paragraph 7#a7 may be overcome by contrary evidence or proof of exigent circumstances that made compliance impossible4 7t7 ,use of force investigations ,in the case that a ,federal law enforcement officer equipped with a body camera is involved in1 a witness to1 or within viewable sight range of either the use of force by another law enforcement officer that results in a death1 the use of force by another law enforcement officer1 during which the discharge of a firearm results in an injury1 or the conduct of another law enforcement officer that becomes the subject of a criminal investigation-- 7#a7 the law enforcement agency that employs the law enforcement officer1 or the agency or department conducting the related criminal investigation1 as appropriate1 shall promptly take possession of the body camera1 and shall maintain such camera1 and any data on such camera1 in accordance with the applicable rules governing the preservation of evidence2 7#b7 a copy of the data on such body camera shall be made in accordance with prevailing forensic standards for data collection and reproduction2 and 7#c7 such copied data shall be made available to the public in accordance with subsection 7l74 7u7 ,limitation on use of footage as evidence ,any body camera video footage recorded by a ,federal law enforcement officer that violates this part or any other applicable law may not be offered as evidence by any government entity1 agency1 department1 prosecutorial office1 or any other subdivision thereof in any criminal or civil action or proceeding against any member of the public4 7v7 ,publication of agency policies ,any ,federal law enforcement agency policy or other guidance regarding body cameras1 their use1 or the video footage therefrom that is adopted by a ,federal agency or department1 shall be made publicly available on that agency's website4 7w7 ,rule of construction ,nothing in this part shall be construed to preempt any laws governing the maintenance1 production1 and destruction of evidence in criminal investigations and prosecutions4 #ajjgb4 ,patrol vehicles with in-car video recording cameras 7a7 ,definitions ,in this section3 7#a7 ,audio recording ,the term audio recording means the recorded conversation between a ,federal law enforcement officer and a second party4 7#b7 ,emergency lights ,the term emergency lights means oscillating1 rotating1 or flashing lights on patrol vehicles4 7#c7 ,enforcement or investigative stop ,the term enforcement or investigative stop means an action by a ,federal law enforcement officer in relation to enforcement and investigation duties1 including traffic stops1 pedestrian stops1 abandoned vehicle contacts1 motorist assists1 commercial motor vehicle stops1 roadside safety checks1 requests for identification1 or responses to requests for emergency assistance4 7#d7 ,in-car video camera ,the term in-car video camera means a video camera located in a patrol vehicle4 7#e7 ,in-car video camera recording equipment ,the term in-car video camera recording equipment means a video camera recording system located in a patrol vehicle consisting of a camera assembly1 recording mechanism1 and an in-car video recording medium4 7#f7 ,recording ,the term recording means the process of capturing data or information stored on a recording medium as required under this section4 7#g7 ,recording medium ,the term recording medium means any recording medium for the retention and playback of recorded audio and video including ,,vhs1 ,,dvd1 hard drive1 solid state1 digital1 or flash memory technology4 7#h7 ,wireless microphone ,the term wireless microphone means a device worn by a ,federal law enforcement officer or any other equipment used to record conversations between the officer and a second party and transmitted to the recording equipment4 7b7 ,requirements 7#a7 ,in general ,each ,federal law enforcement agency shall install in-car video camera recording equipment in all patrol vehicles with a recording medium capable of recording for a period of #aj hours or more and capable of making audio recordings with the assistance of a wireless microphone4 7#b7 ,recording equipment requirements ,in-car video camera recording equipment with a recording medium capable of recording for a period of #aj hours or more shall record activities-- 7,a7 whenever a patrol vehicle is assigned to patrol duty2 7,b7 outside a patrol vehicle whenever-- 7i7 a ,federal law enforcement officer assigned that patrol vehicle is conducting an enforcement or investigative stop2 7ii7 patrol vehicle emergency lights are activated or would otherwise be activated if not for the need to conceal the presence of law enforcement2 or 7iii7 an officer reasonably believes recording may assist with prosecution1 enhance safety1 or for any other lawful purpose2 and 7,c7 inside the vehicle when transporting an arrestee or when an officer reasonably believes recording may assist with prosecution1 enhance safety1 or for any other lawful purpose4 7#c7 ,requirements for recording 7,a7 ,in general ,a ,federal law enforcement officer shall begin recording for an enforcement or investigative stop when the officer determines an enforcement stop is necessary and shall continue until the enforcement action has been completed and the subject of the enforcement or investigative stop or the officer has left the scene4 7,b7 ,activation with lights ,a ,federal law enforcement officer shall begin recording when patrol vehicle emergency lights are activated or when they would otherwise be activated if not for the need to conceal the presence of law enforcement1 and shall continue until the reason for the activation ceases to exist1 regardless of whether the emergency lights are no longer activated4 7,c7 ,permissible recording ,a ,federal law enforcement officer may begin recording if the officer reasonably believes recording may assist with prosecution1 enhance safety1 or for any other lawful purpose2 and shall continue until the reason for recording ceases to exist4 7#d7 ,enforcement or investigative stops ,a ,federal law enforcement officer shall record any enforcement or investigative stop4 ,audio recording shall terminate upon release of the violator and prior to initiating a separate criminal investigation4 7c7 ,retention of recordings ,recordings made on in-car video camera recording medium shall be retained for a storage period of at least #ij days4 ,under no circumstances shall any recording made on in-car video camera recording medium be altered or erased prior to the expiration of the designated storage period4 ,upon completion of the storage period1 the recording medium may be erased and reissued for operational use unless otherwise ordered or if designated for evidentiary or training purposes4 7d7 ,accessibility of recordings ,audio or video recordings made pursuant to this section shall be available under the applicable provisions of section #eeb;a of title #e1 ,united ,states ,code4 ,only recorded portions of the audio recording or video recording medium applicable to the request will be available for inspection or copying4 7e7 ,maintenance required ,the agency shall ensure proper care and maintenance of in-car video camera recording equipment and recording medium4 ,an officer operating a patrol vehicle must immediately document and notify the appropriate person of any technical difficulties1 failures1 or problems with the in-car video camera recording equipment or recording medium4 ,upon receiving notice1 every reasonable effort shall be made to correct and repair any of the in-car video camera recording equipment or recording medium and determine if it is in the public interest to permit the use of the patrol vehicle4 #ajjgc4 ,facial recognition technology ,no camera or recording device authorized or required to be used under this part may be equipped with or employ facial recognition technology1 and footage from such a camera or recording device may not be subjected to facial recognition technology4 #ajjgd4 ,,gao study ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall conduct a study on ,federal law enforcement officer training1 vehicle pursuits1 use of force1 and interaction with citizens1 and submit a report on such study to-- 7#a7 the ,committees on the ,judiciary of the ,house of ,representatives and of the ,senate2 7#b7 the ,committee on ,oversight and ,reform of the ,house of ,representatives2 and 7#c7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate4 #ajjge4 ,regulations ,not later than #f months after the date of the enactment of this ,act1 the ,attorney ,general shall issue such final regulations as are necessary to carry out this part4 #ajjgf4 ,rule of construction ,nothing in this part shall be construed to impose any requirement on a ,federal law enforcement officer outside of the course of carrying out that officer's duty4 #b ,police ,,camera ,act #ajjgg4 ,short title ,this part may be cited as the ,police ,creating ,accountability by ,making ,effective ,recording ,available ,act of #bjbj or the ,police ,,camera ,act of #bjbj4 #ajjgh4 ,law enforcement body-worn camera requirements 7a7 ,use of funds requirement ,section #ejb7;a7 of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaec7;a771 as amended by section #ajjeh1 is amended by adding at the end the following3 7#aj7 ,an assurance that1 for each fiscal year covered by an application1 the applicant will use not less than #e percent of the total amount of the grant award for the fiscal year to develop policies and protocols in compliance with part ,,oo4 4 7b7 ,requirements ,title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaja et seq47 is amended by adding at the end the following3 ,,oo ,law enforcement body-worn cameras and recorded data #cjea4 ,use of grant funds 7a7 ,in general ,grant amounts described in paragraph 7#aj7 of section #ejb7;a7 of this title-- 7#a7 shall be used-- 7,a7 to purchase or lease body-worn cameras for use by ,state1 local1 and tribal law enforcement officers 7as defined in section #bejc72 7,b7 for expenses related to the implementation of a body-worn camera program in order to deter excessive force1 improve accountability and transparency of use of force by law enforcement officers1 assist in responding to complaints against law enforcement officers1 and improve evidence collection2 and 7,c7 to implement policies or procedures to comply with the requirements described in subsection 7b72 and 7#b7 may not be used for expenses related to facial recognition technology4 7b7 ,requirements ,a recipient of a grant under subpart #a of part ,e of this title shall-- 7#a7 establish policies and procedures in accordance with the requirements described in subsection 7c7 before law enforcement officers use of body-worn cameras2 7#b7 adopt recorded data collection and retention protocols as described in subsection 7d7 before law enforcement officers use of body-worn cameras2 7#c7 make the policies and protocols described in paragraphs 7#a7 and 7#b7 available to the public2 and 7#d7 comply with the requirements for use of recorded data under subsection 7f74 7c7 ,required policies and procedures ,a recipient of a grant under subpart #a of part ,e of this title shall-- 7#a7 develop with community input and publish for public view policies and protocols for-- 7,a7 the safe and effective use of body-worn cameras2 7,b7 the secure storage1 handling1 and destruction of recorded data collected by body-worn cameras2 7,c7 protecting the privacy rights of any individual who may be recorded by a body-worn camera2 7,d7 the release of any recorded data collected by a body-worn camera in accordance with the open records laws1 if any1 of the ,state2 and 7,e7 making recorded data available to prosecutors1 defense attorneys1 and other officers of the court in accordance with subparagraph 7,e72 and 7#b7 conduct periodic evaluations of the security of the storage and handling of the body-worn camera data4 7d7 ,recorded data collection and retention protocol ,the recorded data collection and retention protocol described in this paragraph is a protocol that-- 7#a7 requires-- 7,a7 a law enforcement officer who is wearing a body-worn camera to provide an explanation if an activity that is required to be recorded by the body-worn camera is not recorded2 7,b7 a law enforcement officer who is wearing a body-worn camera to obtain consent to be recorded from a crime victim or witness before interviewing the victim or witness2 7,c7 the collection of recorded data unrelated to a legitimate law enforcement purpose be minimized to the greatest extent practicable2 7,d7 the system used to store recorded data collected by body-worn cameras to log all viewing1 modification1 or deletion of stored recorded data and to prevent1 to the greatest extent practicable1 the unauthorized access or disclosure of stored recorded data2 7,e7 any law enforcement officer be prohibited from accessing the stored data without an authorized purpose2 and 7,f7 the law enforcement agency to collect and report statistical data on-- 7i7 incidences of use of force1 disaggregated by race1 ethnicity1 gender1 and age of the victim2 7ii7 the number of complaints filed against law enforcement officers2 7iii7 the disposition of complaints filed against law enforcement officers2 7iv7 the number of times camera footage is used for evidence collection in investigations of crimes2 and 7v7 any other additional statistical data that the ,director determines should be collected and reported2 7#b7 allows an individual to file a complaint with a law enforcement agency relating to the improper use of body-worn cameras2 and 7#c7 complies with any other requirements established by the ,director4 7e7 ,reporting ,statistical data required to be collected under subsection 7d77#a77;,d7 shall be reported to the ,director1 who shall-- 7#a7 establish a standardized reporting system for statistical data collected under this program2 and 7#b7 establish a national database of statistical data recorded under this program4 7f7 ,use or transfer of recorded data 7#a7 ,in general ,recorded data collected by an entity receiving a grant under a grant under subpart #a of part ,e of this title from a body-worn camera shall be used only in internal and external investigations of misconduct by a law enforcement agency or officer1 if there is reasonable suspicion that a recording contains evidence of a crime1 or for limited training purposes4 ,the ,director shall establish rules to ensure that the recorded data is used only for the purposes described in this paragraph4 7#b7 ,prohibition on transfer ,except as provided in paragraph 7#c71 an entity receiving a grant under subpart #a of part ,e of this title may not transfer any recorded data collected by the entity from a body-worn camera to another law enforcement or intelligence agency4 7#c7 ,exceptions 7,a7 ,criminal investigation ,an entity receiving a grant under subpart #a of part ,e of this title may transfer recorded data collected by the entity from a body-worn camera to another law enforcement agency or intelligence agency for use in a criminal investigation if the requesting law enforcement or intelligence agency has reasonable suspicion that the requested data contains evidence relating to the crime being investigated4 7,b7 ,civil rights claims ,an entity receiving a grant under subpart #a of part ,e of this title may transfer recorded data collected by the law enforcement agency from a body-worn camera to another law enforcement agency for use in an investigation of the violation of any right1 privilege1 or immunity secured or protected by the ,constitution or laws of the ,united ,states4 7g7 ,audit and assessment 7#a7 ,in general ,not later than #b years after the date of enactment of this part1 the ,director of the ,office of ,audit1 ,assessment1 and ,management shall perform an assessment of the use of funds under this section and the policies and protocols of the grantees4 7#b7 ,reports ,not later than ,september #a of each year1 beginning #b years after the date of enactment of this part1 each recipient of a grant under subpart #a of part ,e of this title shall submit to the ,director of the ,office of ,audit1 ,assessment1 and ,management a report that-- 7,a7 describes the progress of the body-worn camera program2 and 7,b7 contains recommendations on ways in which the ,federal ,government1 ,states1 and units of local government can further support the implementation of the program4 7#c7 ,review ,the ,director of the ,office of ,audit1 ,assessment1 and ,management shall evaluate the policies and protocols of the grantees and take such steps as the ,director of the ,office of ,audit1 ,assessment1 and ,management determines necessary to ensure compliance with the program4 #cjeb4 ,body-worn camera training toolkit 7a7 ,in general ,the ,director shall establish and maintain a body-worn camera training toolkit for law enforcement agencies1 academia1 and other relevant entities to provide training and technical assistance1 including best practices for implementation1 model policies and procedures1 and research materials4 7b7 ,mechanism ,in establishing the toolkit required to under subsection 7a71 the ,director may consolidate research1 practices1 templates1 and tools that been developed by expert and law enforcement agencies across the country4 #cjec4 ,study 7a7 ,in general ,not later than #b years after the date of enactment of the ,police ,,camera ,act of #bjbj1 the ,director shall conduct a study on-- 7#a7 the efficacy of body-worn cameras in deterring excessive force by law enforcement officers2 7#b7 the impact of body-worn cameras on the accountability and transparency of the use of force by law enforcement officers2 7#c7 the impact of body-worn cameras on responses to and adjudications of complaints of excessive force2 7#d7 the effect of the use of body-worn cameras on the safety of law enforcement officers on patrol2 7#e7 the effect of the use of body-worn cameras on public safety2 7#f7 the impact of body-worn cameras on evidence collection for criminal investigations2 7#g7 issues relating to the secure storage and handling of recorded data from the body-worn cameras2 7#h7 issues relating to the privacy of individuals and officers recorded on body-worn cameras2 7#i7 issues relating to the constitutional rights of individuals on whom facial recognition technology is used2 7#aj7 issues relating to limitations on the use of facial recognition technology2 7#aa7 issues relating to the public's access to body-worn camera footage2 7#ab7 the need for proper training of law enforcement officers that use body-worn cameras2 7#ac7 best practices in the development of protocols for the safe and effective use of body-worn cameras2 7#ad7 a review of law enforcement agencies that found body-worn cameras to be unhelpful in the operations of the agencies2 and 7#ae7 any other factors that the ,director determines are relevant in evaluating the efficacy of body-worn cameras4 7b7 ,report ,not later than #ahj days after the date on which the study required under subsection 7a7 is completed1 the ,director shall submit to ,congress a report on the study1 which shall include any policy recommendations that the ,director considers appropriate4 4 #d ,closing the ,law ,enforcement ,consent ,loophole #ajjha4 ,short title ,this part may be cited as the ,closing the ,law ,enforcement ,consent ,loophole ,act of #bjbj4 #ajjhb4 ,prohibition on engaging in sexual acts while acting under color of law 7a7 ,in general ,section #bbdc of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in the section heading1 by adding at the end the following3 or by any person acting under color of law2 7#b7 by redesignating subsections 7c7 and 7d7 as subsections 7d7 and 7e71 respectively2 7#c7 by inserting after subsection 7b7 the following3 7c7 ,of an individual by any person acting under color of law 7#a7 ,in general ,whoever1 acting under color of law1 knowingly engages in a sexual act with an individual1 including an individual who is under arrest1 in detention1 or otherwise in the actual custody of any ,federal law enforcement officer1 shall be fined under this title1 imprisoned not more than #ae years1 or both4 7#b7 ,definition ,in this subsection1 the term sexual act has the meaning given the term in section #bbdf4 2 and 7#d7 in subsection 7d71 as so redesignated1 by adding at the end the following3 7#c7 ,in a prosecution under subsection 7c71 it is not a defense that the other individual consented to the sexual act4 4 7b7 ,definition ,section #bbdf of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#e71 by striking and at the end2 7#b7 in paragraph 7#f71 by striking the period at the end and inserting 2 and2 and 7#c7 by inserting after paragraph 7#f7 the following3 7#g7 the term ,federal law enforcement officer has the meaning given the term in section #aae4 4 7c7 ,clerical amendment ,the table of sections for chapter #aji;,a of title #ah1 ,united ,states ,code1 is amended by amending the item related to section #bbdc to read as follows3 #bbdc4 ,sexual abuse of a minor or ward or by any person acting under color of law4 4 #ajjhc4 ,enactment of laws penalizing engaging in sexual acts while acting under color of law 7a7 ,in general ,beginning in the first fiscal year that begins after the date that is one year after the date of enactment of this ,act1 in the case of a ,state or unit of local government that does not have in effect a law described in subsection 7b71 if that ,state or unit of local government that would otherwise receive funds under the ,,cops grant program1 that ,state or unit of local government shall not be eligible to receive such funds4 ,in the case of a multi-jurisdictional or regional consortium1 if any member of that consortium is a ,state or unit of local government that does not have in effect a law described in subsection 7b71 if that consortium would otherwise receive funds under the ,,cops grant program1 that consortium shall not be eligible to receive such funds4 7b7 ,description of law ,a law described in this subsection is a law that-- 7#a7 makes it a criminal offense for any person acting under color of law of the ,state or unit of local government to engage in a sexual act with an individual1 including an individual who is under arrest1 in detention1 or otherwise in the actual custody of any law enforcement officer2 and 7#b7 prohibits a person charged with an offense described in paragraph 7#a7 from asserting the consent of the other individual as a defense4 7c7 ,reporting requirement ,a ,state or unit of local government that receives a grant under the ,,cops grant program shall submit to the ,attorney ,general1 on an annual basis1 information on-- 7#a7 the number of reports made to law enforcement agencies in that ,state or unit of local government regarding persons engaging in a sexual act while acting under color of law during the previous year2 and 7#b7 the disposition of each case in which sexual misconduct by a person acting under color of law was reported during the previous year4 #ajjhd4 ,reports to ,congress 7a7 ,report by ,attorney ,general ,not later than #a year after the date of enactment of this ,act1 and each year thereafter1 the ,attorney ,general shall submit to ,congress a report containing-- 7#a7 the information required to be reported to the ,attorney ,general under section #ajjhc7;b72 and 7#b7 information on-- 7,a7 the number of reports made1 during the previous year1 to ,federal law enforcement agencies regarding persons engaging in a sexual act while acting under color of law2 and 7,b7 the disposition of each case in which sexual misconduct by a person acting under color of law was reported4 7b7 ,report by ,,gao ,not later than #a year after the date of enactment of this ,act1 and each year thereafter1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report on any violations of section #bbdc7;c7 of title #ah1 ,united ,states ,code1 as amended by section #ajjhb1 committed during the #a-year period covered by the report4 #ajjhe4 ,definition ,in this subpart1 the term sexual act has the meaning given the term in section #bbdf of title #ah1 ,united ,states ,code4 #e ,miscellaneous ,provisions #ajjia4 ,severability ,if any provision of this ,act1 or the application of such a provision to any person or circumstance1 is held to be unconstitutional1 the remainder of this ,act and the application of the remaining provisions of this ,act to any person or circumstance shall not be affected thereby4 #ajjib4 ,savings clause ,nothing in this ,act shall be construed-- 7#a7 to limit legal or administrative remedies under section #aigi of the ,revised ,statutes of the ,united ,states 7#db ,u4,s4,c4 #aihc71 section #bajdja of the ,violent ,crime ,control and ,law ,enforcement ,act of #aiid 7#cd ,u4,s4,c4 #abfja71 title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaja et seq471 or title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq472 7#b7 to affect any ,federal1 ,state1 or ,tribal law that applies to an ,indian ,tribe because of the political status of the ,tribe2 or 7#c7 to waive the sovereign immunity of an ,indian ,tribe without the consent of the ,tribe4 ,b ,,safety through ,nonviolence #ajbja4 ,short title ,this subtitle may be cited as the ,securing ,american ,families by ,educating and ,training ,you 7,,safety7 ,through ,nonviolence ,act of #bjbj4 #ajbjb4 ,findings ,congress finds the following3 7#a7 ,the concept and practice of nonviolent thoughts1 words1 and actions have a history and a legacy in the ,united ,states and the global community4 7#b7 ,in the #aith century1 ,american philosophers and authors ,ralph ,waldo ,emerson and ,henry ,david ,thoreau were leaders of the transcendentalist philosophical movement which emphasized the potential good of humanity1 the importance of truth1 and the courage and power of peace4 7#c7 ,in the early #bjth century1 ,mohandas 7,mahatma7 ,gandhi advanced the concepts and practices of ahimsa1 or non-injury1 and satya1 or truth as integral to social and active concepts and practices4 7#d7 ,gandhi continued ,thoreau's ideas of ,civil ,disobedience in developing the doctrine of satyagraha which connects truth and nonviolence to active efforts in nonviolent1 civil disobedience4 7#e7 ,dr4 ,martin ,luther ,king1 ,jr41 built upon these philosophies in developing six principles of nonviolence4 ,he explained these to be a way of life which sought to build friendships and understanding1 defeat injustice1 accept suffering as a way to educate and transform1 and to choose love instead of hate4 ,nonviolence's strength is reinforced by the universe siding with justice4 7#f7 ,rev4 ,james ,e4 ,lawson1 ,jr41 a leading theorist and strategist1 helped spread the philosophy and doctrine of nonviolence by organizing and teaching workshops to young activists during the ,american ,civil ,rights ,movement4 7#g7 ,during his ,presidency1 ,nelson ,rolihlahla ,mandela expanded the spirit of ubuntu1 the ,african philosophy of the interconnectedness1 caring1 sharing1 and harmony of humanity1 throughout the world4 7#h7 ,according to the #bjai ,global ,peace ,index1 violence cost #ad1ajj1jjj1jjj in constant purchasing power parity terms or #a1hec per person in #bjah4 ,the fiscal loss resulting from conflict greatly exceeds investments in peacebuilding and peacekeeping4 7#i7 ,given its proven success and evolution1 the philosophy and doctrine of nonviolence can and should play an important role in breaking the cycle and reducing the frequency of violence throughout the ,united ,states and as a model to the global community4 7#aj7 ,these lessons1 principles1 and practices should be made available to ,americans of all ages and backgrounds in all parts of the country4 #ajbjc4 ,grants to educate ,americans about the principles and practice of nonviolence 7a7 ,grants ,the ,attorney ,general may make grants to eligible entities to prevent or alleviate the effects of community violence by providing education1 mentoring1 and counseling regarding the principles and application of nonviolence in conflict resolution4 7b7 ,priority ,in awarding grants under this section1 the ,attorney ,general shall give priority to applicants that agree to use the grant in one or more eligible urban1 rural1 tribal1 and suburban communities that can certify-- 7#a7 an increased or sustained level of violence or tension in the community2 or 7#b7 a lack of monetary or other resources to adopt innovative1 integrated1 community-based violence prevention programs4 7c7 ,limitation ,the ,attorney ,general may not make a grant to an eligible entity under this section unless the entity agrees to use not less than #gj percent of such grant for nonviolence-prevention education and program development4 7d7 ,definitions ,in this section1 the term eligible entity means a ,state or local government entity 7including law enforcement71 educational institution1 nonprofit community1 or faith-based organization4 7e7 ,authorization of appropriations ,to carry out this section1 there is authorized to be appropriated #fj1jjj1jjj for each of the fiscal years #bjbj through #bjbe4 ,c ,local ,public ,health ,and ,safety ,protection #ajcja4 ,short title ,this subtitle may be cited as the ,local ,public ,health ,and ,safety ,protection ,act4 #ajcjb4 ,findings ,congress finds the following3 7#a7 ,when it comes to gun violence1 local laws serve the important purpose of addressing the unique issues and dangers facing each different community4 7#b7 ,most ,state constitutions generally allocate authority to local governments to regulate in the interests of the public health1 safety1 and welfare4 ,states that have removed authority from local governments to regulate guns and ammunition have created a dangerous exception to the traditional rule of local authority4 7#c7 ,broad ,state preemption statutes ignore important local variations that may necessitate distinct approaches to the problem of gun violence4 ,state preemption statutes threaten public safety because they prevent local governments from implementing customized solutions to gun violence in their communities4 7#d7 ,by mandating a one-size-fits-all approach to firearms regulation1 preemption statutes deprive the public of a critical problem-solving resource--local innovation4 ,local governments are often the source of cutting-edge laws to reduce gun violence1 which are proven successful and later adopted at the statewide level4 7#e7 ,state preemption statutes impede local government's ability to fill regulatory gaps created by inaction at the ,state and ,federal level4 ,restrictions on ,state and ,federal resources also make an extra level of local involvement necessary to properly enforce many gun laws4 ,for example1 local law enforcement may provide much needed oversight of gun businesses1 which the ,bureau of ,alcohol1 ,tobacco1 ,firearms ,explosives is too underfunded to provide4 7#f7 ,states should not prohibit or restrict a local government from imposing or implementing laws that are more restrictive than the laws of the relevant ,state with respect to-- 7,a7 any background check requirement in relation to any firearm transaction2 7,b7 the ability to carry a firearm in public places or in locations owned or controlled by a unit of local government2 7,c7 any requirement relating to the sale of ammunition1 such as a limitation on the amount an individual is allowed to purchase at one time2 7,d7 any additional requirements relating to licensing or permitting the purchase of a firearm2 7,e7 any requirement that firearm owners safely store their firearms1 or prevent children or any other unauthorized person from accessing their firearms2 7,f7 taxes on the sale of firearms and ammunition1 unless the ,state prohibits or restricts local governments from imposing such taxes on most other consumer products2 7,g7 the sale1 transfer1 or possession of specific types of unusually dangerous firearms and accessories1 such as assault weapons1 bump stocks1 and high capacity magazines2 7,h7 the discharge of firearms in public parks and other public places2 7,i7 zoning restrictions on gun dealers2 and 7,j7 purchasing or obtaining a firearm on behalf of a third party4 #ajcjc4 ,grants to reduce gun violence through local regulation 7a7 ,in general ,the ,attorney ,general may make grants to ,states that meet the eligibility requirements of subsection 7b7 for the purposes described in subsection 7c77#d74 7b7 ,eligibility 7#a7 ,in general ,to be eligible for a grant under this section1 a ,state may not through statute or regulation prohibit or restrict a local government from imposing laws that are more restrictive than the laws of the relevant ,state with respect to-- 7,a7 any background check requirement in relation to any firearm transaction2 7,b7 the ability to carry a firearm in public places or in locations owned or controlled by a unit of local government2 7,c7 any requirement relating to the sale of ammunition1 such as a limitation on the amount an individual is allowed to purchase at one time2 7,d7 any additional requirements relating to licensing or permitting the purchase of a firearm2 7,e7 any requirement that firearm owners safely store their firearms1 or prevent children or any other unauthorized person from accessing their firearms2 7,f7 taxes on the sale of firearms and ammunition1 unless the ,state prohibits or restricts local governments from imposing such taxes on most other consumer products2 7,g7 the sale1 transfer1 or possession of specific types of unusually dangerous firearms and accessories1 such as assault weapons1 bump stocks1 and high capacity magazines2 7,h7 the discharge of firearms in public parks and other public places2 7,i7 zoning restrictions on gun dealers2 and 7,j7 purchasing or obtaining a firearm on behalf of a third party4 7#b7 ,application ,to receive a grant under this section1 a ,state shall submit to the ,attorney ,general an application at such time1 in such manner1 and containing such information as the ,attorney ,general may reasonably require4 7c7 ,subgrants 7#a7 ,in general ,a ,state that receives a grant under this section shall use the grant to make subgrants to any local government that has enacted a law that is more restrictive than the laws of the ,state with respect to at least #a of the following3 7,a7 ,any background check requirement in relation to any firearm transaction4 7,b7 ,the ability to carry a firearm in public places or in locations owned or controlled by a unit of local government4 7,c7 ,any requirement relating to the sale of ammunition1 such as a limitation on the amount an individual is allowed to purchase at one time4 7,d7 ,any additional requirements relating to licensing or permitting the purchase of a firearm4 7,e7 ,any requirement that firearm owners safely store their firearms1 or prevent children or any other unauthorized person from accessing their firearms4 7,f7 ,taxes on the sale of firearms and ammunition1 unless the ,state prohibits or restricts local governments from imposing such taxes on most other consumer products4 7,g7 ,the sale1 transfer1 or possession of specific types of unusually dangerous firearms and accessories1 such as assault weapons1 bump stocks1 and high capacity magazines4 7,h7 ,the discharge of firearms in public parks and other public places4 7,i7 ,zoning restrictions on gun dealers4 7,j7 ,purchasing or obtaining a firearm on behalf of a third party4 7#b7 ,eligibility ,to be eligible for a subgrant under this subsection1 a local government shall submit to the ,state an application for the subgrant1 at such time1 in such manner1 and containing such information as the ,state may reasonably require4 7#c7 ,preference in awards ,a ,state shall give preference in the awarding of the subgrants to local governments that have disproportionate levels of gun violence or gun homicide4 7#d7 ,use of funds ,a subgrantee under this section shall use the subgrant to implement and enforce any requirement referred to in paragraph 7#a71 including through the development of protocols1 policies1 procedures1 or training for law enforcement1 and the development or use of technology by law enforcement1 in connection with the implementation or enforcement of any such requirement4 7d7 ,administration ,a ,state that receives a grant under this section may use not more than #e percent of the grant for the administration of subgrants under subsection 7c74 ,d ,marijuana ,opportunity ,reinvestment and ,expungement #ajdja4 ,short title ,this subtitle may be cited as the ,marijuana ,opportunity ,reinvestment and ,expungement ,act of #bjbj or the ,,more ,act of #bjbj4 #ajdjb4 ,decriminalization of cannabis 7a7 ,cannabis removed from schedule of controlled substances 7#a7 ,removal in statute ,subsection 7c7 of schedule ,i of section #bjb7;c7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hab7 is amended-- 7,a7 by striking 7#aj7 ,marihuana42 and 7,b7 by striking 7#ag7 ,tetrahydrocannabinols1 except for tetrahydrocannabinols in hemp 7as defined in section #big;,a of the ,agricultural ,marketing ,act of #aidf744 7#b7 ,removal from schedule ,not later than #ahj days after the date of the enactment of this ,act1 the ,attorney ,general shall finalize a rulemaking under section #bja7;a77#b7 removing marihuana and tetrahydrocannabinols from the schedules of controlled substances4 ,marihuana and tetrahydrocannabinols shall each be deemed to be a drug or other substance that does not meet the requirements for inclusion in any schedule4 ,a rulemaking under this paragraph shall be considered to have taken effect as of the date of enactment of this ,act for purposes of any offense committed1 case pending1 conviction entered1 and1 in the case of a juvenile1 any offense committed1 case pending1 and adjudication of juvenile delinquency entered before1 on1 or after the date of enactment of this ,act4 7b7 ,conforming amendments to controlled substances act ,the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hja et seq47 is amended-- 7#a7 in section #ajb7dd7 7#ba ,u4,s4,c4 #hjb7dd771 by striking marihuana12 7#b7 in section #dja7;b7 7#ba ,u4,s4,c4 #hda7;b77-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a7-- 7,i7 in clause 7vi71 by inserting or after the semicolon2 7,,ii7 by striking clause 7vii72 and 7,,iii7 by redesignating clause 7viii7 as clause 7vii72 7ii7 in subparagraph 7,b7-- 7,i7 in clause 7vi71 by inserting or after the semicolon2 7,,ii7 by striking clause 7vii72 and 7,,iii7 by redesignating clause 7viii7 as clause 7vii72 7iii7 in subparagraph 7,c71 in the first sentence1 by striking subparagraphs 7,a71 7,b71 and 7,d7 and inserting subparagraphs 7,a7 and 7,b72 7iv7 by striking subparagraph 7,d72 7v7 by redesignating subparagraph 7,e7 as subparagraph 7,d72 and 7vi7 in subparagraph 7,d77i71 as so redesignated1 by striking subparagraphs 7,c7 and 7,d7 and inserting subparagraph 7,c72 7,b7 by striking paragraph 7#d72 and 7,c7 by redesignating paragraphs 7#e71 7#f71 and 7#g7 as paragraphs 7#d71 7#e71 and 7#f71 respectively2 7#c7 in section #djb7;c77#b77;,b7 7#ba ,u4,s4,c4 #hdb7;c77#b77;,b771 by striking 1 marihuana12 7#d7 in section #djc7;d77#a7 7#ba ,u4,s4,c4 #hdc7;d77#a771 by striking 1 marihuana12 7#e7 in section #dah7;a7 7#ba ,u4,s4,c4 #hei7;a771 by striking the last sentence2 7#f7 in section #dai7;a7 7#ba ,u4,s4,c4 #hfj7;a771 by striking the last sentence2 7#g7 in section #dbb7;d7 7#ba ,u4,s4,c4 #hfc7;d77-- 7,a7 in the matter preceding paragraph 7#a71 by striking marijuana12 and 7,b7 in paragraph 7#e71 by striking 1 such as a marihuana cigarette12 and 7#h7 in section #eaf7;d7 7#ba ,u4,s4,c4 #hhf7;d771 by striking section #dja7;b77#f7 each place the term appears and inserting section #dja7;b77#e74 7c7 ,other conforming amendments 7#a7 ,national forest system drug control act of #aihf ,the ,national ,forest ,system ,drug ,control ,act of #aihf 7#af ,u4,s4,c4 #eei;b et seq47 is amended-- 7,a7 in section #aejjb7;a7 7#af ,u4,s4,c4 #eei;b7a77 by striking marijuana and other2 7,b7 in section #aejjc7b7 7#af ,u4,s4,c4 #eei;c7#b77 by striking marijuana and other2 and 7,c7 in section #aejjd7b7 7#af ,u4,s4,c4 #eei;d7#b77 by striking marijuana and other4 7#b7 ,interception of communications ,section #beaf of title #ah1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7#a77;e71 by striking marihuana12 and 7,b7 in subsection 7#b7 by striking marihuana4 7d7 ,retroactivity ,the amendments made by this section to the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hja et seq47 are retroactive and shall apply to any offense committed1 case pending1 conviction entered1 and1 in the case of a juvenile1 any offense committed1 case pending1 or adjudication of juvenile delinquency entered before1 on1 or after the date of enactment of this ,act4 #ajdjc4 ,demographic data of cannabis business owners and employees 7a7 ,in general ,the ,bureau of ,labor ,statistics shall regularly compile1 maintain1 and make public data on the demographics of-- 7#a7 individuals who are business owners in the cannabis industry2 and 7#b7 individuals who are employed in the cannabis industry4 7b7 ,demographic data ,the data collected under subsection 7a7 shall include data regarding-- 7#a7 age2 7#b7 certifications and licenses2 7#c7 disability status2 7#d7 educational attainment2 7#e7 family and marital status2 7#f7 nativity2 7#g7 race and ,hispanic ethnicity2 7#h7 school enrollment2 7#i7 veteran status2 and 7#aj7 sex4 7c7 ,confidentiality ,the name1 address1 and other identifying information of individuals employed in the cannabis industry shall be kept confidential by the ,bureau and not be made available to the public4 7d7 ,definitions ,in this section3 7#a7 ,cannabis ,the term cannabis means either marijuana or cannabis as defined under the ,state law authorizing the sale or use of cannabis in which the individual or entity is located4 7#b7 ,cannabis industry ,the term cannabis industry means an individual or entity that is licensed or permitted under a ,state or local law to engage in commercial cannabis-related activity4 7#c7 ,owner ,the term owner means an individual or entity that is defined as an owner under the ,state or local law where the individual or business is licensed or permitted4 #ajdjd4 ,creation of ,opportunity ,trust ,fund and imposition of tax on cannabis products 7a7 ,trust ,fund 7#a7 ,establishment ,subchapter ,a of chapter #ih of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new section3 #ieab4 ,opportunity trust fund 7a7 ,creation of ,trust ,fund ,there is established in the ,treasury of the ,united ,states a trust fund to be known as the ,opportunity ,trust ,fund 7referred to in this section as the ,trust ,fund71 consisting of such amounts as may be appropriated or credited to such fund as provided in this section or section #ifjb7;b74 7b7 ,transfers to ,trust ,fund ,there are hereby appropriated to the ,trust ,fund amounts equivalent to the net revenues received in the ,treasury from the tax imposed by section #egja7;h74 7c7 ,expenditures ,amounts in the ,trust ,fund shall be available1 without further appropriation1 only as follows3 7#a7 #ej percent to the ,attorney ,general to carry out section #cjeb7;a7 of part ,,oo of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh4 7#b7 #aj percent to the ,attorney ,general to carry out section #cjeb7;b7 of part ,,oo of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh4 7#c7 #bj percent to the ,administrator of the ,small ,business ,administration to carry out section #e7;b77#a7 of the ,marijuana ,opportunity ,reinvestment and ,expungement ,act of #bjbj4 7#d7 #bj percent to the ,administrator of the ,small ,business ,administration to carry out section #e7;b77#b7 of the ,marijuana ,opportunity ,reinvestment and ,expungement ,act of #bjbj4 4 7#b7 ,clerical ,amendment ,the table of sections for subchapter ,a of chapter #ih of such ,code is amended by adding at the end the following new item3 ,sec4 #ieab4 ,opportunity trust fund4 4 7b7 ,imposition of tax 7#a7 ,in general ,section #egja of the ,internal ,revenue ,code of #aihf is amended by redesignating subsection 7h7 as subsection 7i7 and by inserting after subsection 7g7 the following new subsection3 7h7 ,cannabis products ,on cannabis products1 manufactured in or imported into the ,united ,states1 there shall be imposed a tax equal to #e percent of the price for which sold4 4 7#b7 ,cannabis product defined ,section #egjb of such ,code is amended by adding at the end the following new subsection3 7q7 ,cannabis product 7#a7 ,in general ,except as provided in paragraph 7#b71 the term cannabis product means any cannabis or any article which contains cannabis or any derivative thereof4 7#b7 ,exception ,the term cannabis product shall not include any medicine or drug that is a prescribed drug 7as such term is defined in section #bac7;d77#c774 7#c7 ,cannabis ,the term cannabis-- 7,a7 means all parts of the plant ,cannabis sativa ,l41 whether growing or not2 the seeds thereof2 the resin extracted from any part of such plant2 and every compound1 manufacture1 salt1 derivative1 mixture1 or preparation of such plant1 its seeds or resin2 and 7,b7 does not include-- 7i7 hemp1 as defined in section #big;,a of the ,agricultural ,marketing ,act of #aidf2 or 7ii7 the mature stalks of such plant1 fiber produced from such stalks1 oil or cake made from the seeds of such plant1 any other compound1 manufacture1 salt1 derivative1 mixture1 or preparation of such mature stalks 7except the resin extracted therefrom71 fiber1 oil1 or cake1 or the sterilized seed of such plant which is incapable of germination4 4 7#c7 ,cannabis products treated as tobacco products ,section #egjb7;c7 of such ,code is amended by striking and roll-your-own tobacco and inserting roll-your-own tobacco1 and cannabis products4 7#d7 ,manufacturer of cannabis products treated as manufacturer of tobacco products ,section #egjb of such ,code is amended by adding at the end the following new subsection3 7r7 ,manufacturer of cannabis products 7#a7 ,in general ,any person who plants1 cultivates1 harvests1 produces1 manufactures1 compounds1 converts1 processes1 prepares1 or packages any cannabis product shall be treated as a manufacturer of cannabis products 7and as manufacturing such cannabis product74 7#b7 ,exception ,paragraph 7#a7 shall not apply with respect to any cannabis product which is for such person's own personal consumption or use4 7#c7 ,application of rules related to manufacturers of tobacco products ,any reference to a manufacturer of tobacco products1 or to manufacturing tobacco products1 shall be treated as including a reference to a manufacturer of cannabis products1 or to manufacturing cannabis products1 respectively4 4 7#e7 ,application of certain rules for determining price ,section #egjb7l7 of such ,code is amended-- 7,a7 by striking section #egja7;a77#b7 and inserting subsections 7a77#b7 and 7h7 of section #egja2 and 7,b7 by inserting and cannabis products after cigars in the heading thereof4 7#f7 ,conforming amendment ,section #egjb7;j7 of such ,code is amended by adding at the end the following new sentence3 ,in the case of a cannabis product1 the previous sentence shall be applied by substituting from a facility of a manufacturer required to file a bond under section #egaa for from the factory or from internal revenue bond under section #egjd44 7c7 ,effective date 7#a7 ,in general ,except as otherwise provided in this subsection1 the amendments made by this section shall apply to articles manufactured or imported in calendar quarters beginning more than one year after the date of the enactment of this ,act4 7#b7 ,trust fund ,the amendments made by subsection 7a7 shall take effect on the date of the enactment of this ,act4 #ajdje4 ,opportunity trust fund programs 7a7 ,cannabis ,justice ,office2 community reinvestment grant program 7#a7 ,cannabis ,justice ,office ,part ,a of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaja et seq47 is amended by inserting after section #aji the following3 #aaj4 ,cannabis justice office 7a7 ,establishment ,there is established within the ,office of ,justice ,programs a ,cannabis ,justice ,office4 7b7 ,director ,the ,cannabis ,justice ,office shall be headed by a ,director who shall be appointed by the ,assistant ,attorney ,general for the ,office of ,justice ,programs4 ,the ,director shall report to the ,assistant ,attorney ,general for the ,office of ,justice ,programs4 ,the ,director shall award grants and may enter into compacts1 cooperative agreements1 and contracts on behalf of the ,cannabis ,justice ,office4 ,the ,director may not engage in any employment other than that of serving as the ,director1 nor may the ,director hold any office in1 or act in any capacity for1 any organization1 agency1 or institution with which the ,office makes any contract or other arrangement4 7c7 ,employees 7#a7 ,in general ,the ,director shall employ as many full-time employees as are needed to carry out the duties and functions of the ,cannabis ,justice ,office under subsection 7d74 ,such employees shall be exclusively assigned to the ,cannabis ,justice ,office4 7#b7 ,initial hires ,not later than #f months after the date of enactment of this section1 the ,director shall-- 7,a7 hire no less than one-third of the total number of employees of the ,cannabis ,justice ,office2 and 7,b7 no more than one-half of the employees assigned to the ,cannabis ,justice ,office by term appointment that may after #b years be converted to career appointment4 7#c7 ,legal counsel ,at least one employee hired for the ,cannabis ,justice ,office shall serve as legal counsel to the ,director and shall provide counsel to the ,cannabis ,justice ,office4 7d7 ,duties and ,functions ,the ,cannabis ,justice ,office is authorized to-- 7#a7 administer the ,community ,reinvestment ,grant ,program2 and 7#b7 perform such other functions as the ,assistant ,attorney ,general for the ,office of ,justice ,programs may delegate1 that are consistent with the statutory obligations of this section4 4 7#b7 ,community ,reinvestment ,grant ,program ,title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 et seq47 is amended by adding at the end the following3 ,,oo ,community ,reinvestment ,grant ,program #cjeb4 ,authorization 7a7 ,in general ,the ,director of the ,cannabis ,justice ,office shall establish and carry out a grant program1 known as the ,community ,reinvestment ,grant ,program1 to provide eligible entities with funds to administer services for individuals most adversely impacted by the ,war on ,drugs1 including-- 7#a7 job training2 7#b7 reentry services2 7#c7 legal aid for civil and criminal cases1 including expungement of cannabis convictions2 7#d7 literacy programs2 7#e7 youth recreation or mentoring programs2 and 7#f7 health education programs4 7b7 ,substance use treatment services ,the ,community ,reinvestment ,grant ,program established in subsection 7a7 shall provide eligible entities with funds to administer substance use treatment services for individuals most adversely impacted by the ,war on ,drugs4 #cjec4 ,funding from opportunity trust fund ,the ,director shall carry out the program under this part using funds made available under section #ieab7;c77#a7 and 7#b7 of the ,internal ,revenue ,code4 #cjed4 ,definitions ,in this part3 7#a7 ,the term cannabis conviction means a conviction1 or adjudication of juvenile delinquency1 for a cannabis offense 7as such term is defined in section #ab7b7 of the ,marijuana ,opportunity ,reinvestment and ,expungement ,act of #bjbj74 7#b7 ,the term substance use treatment means an evidence-based1 professionally directed1 deliberate1 and planned regimen including evaluation1 observation1 medical monitoring1 harm reduction1 and rehabilitative services and interventions such as pharmacotherapy1 mental health services1 and individual and group counseling1 on an inpatient or outpatient basis1 to help patients with substance use disorder reach remission and maintain recovery4 7#c7 ,the term eligible entity means a nonprofit organization1 as defined in section #eja7;c77#c7 of the ,internal ,revenue ,code1 that is representative of a community or a significant segment of a community with experience in providing relevant services to individuals most adversely impacted by the ,war on ,drugs in that community4 7#d7 ,the term individuals most adversely impacted by the ,war on ,drugs has the meaning given that term in section #e of the ,marijuana ,opportunity ,reinvestment and ,expungement ,act of #bjbj4 4 7b7 ,cannabis opportunity program2 equitable licensing grant program 7#a7 ,cannabis ,opportunity ,program ,the ,administrator of the ,small ,business ,administration shall establish and carry out a program1 to be known as the ,cannabis ,opportunity ,program to provide any eligible ,state or locality funds to make loans under section #g7m7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #cfc7m77 to assist small business concerns owned and controlled by socially and economically disadvantaged individuals1 as defined in section #h7;d77#c77;,c7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcg7;d77#c77;,c77 that operate in the cannabis industry4 7#b7 ,equitable ,licensing ,grant ,program ,the ,administrator of the ,small ,business ,administration shall establish and carry out a grant program1 to be known as the ,equitable ,licensing ,grant ,program1 to provide any eligible ,state of locality funds to develop and implement equitable cannabis licensing programs that minimize barriers to cannabis licensing and employment for individuals most adversely impacted by the ,war on ,drugs1 provided that each grantee includes in its cannabis licensing program at least four of the following3 7,a7 ,a waiver of cannabis license application fees for individuals who have had an income below #bej percent of the ,federal ,poverty ,level for at least #e of the past #aj years who are first-time applicants4 7,b7 ,a prohibition on the denial of a cannabis license based on a conviction for a cannabis offense that took place prior to ,state legalization of cannabis or the date of enactment of this ,act1 as appropriate4 7,c7 ,a prohibition on criminal conviction restrictions for licensing except with respect to a conviction related to owning and operating a business4 7,d7 ,a prohibition on cannabis license holders engaging in suspicionless cannabis drug testing of their prospective or current employees1 except with respect to drug testing for safety-sensitive positions1 as defined under the ,omnibus ,transportation ,testing ,act of #aiia4 7,e7 ,the establishment of a cannabis licensing board that is reflective of the racial1 ethnic1 economic1 and gender composition of the ,state or locality1 to serve as an oversight body of the equitable licensing program4 7#c7 ,definitions ,in this subsection3 7,a7 ,the term individual most adversely impacted by the ,war on ,drugs means an individual-- 7i7 who has had an income below #bej percent of the ,federal ,poverty ,level for at least #e of the past #aj years2 and 7ii7 has been arrested for or convicted of the sale1 possession1 use1 manufacture1 or cultivation of cannabis or a controlled substance 7except for a conviction involving distribution to a minor71 or whose parent1 sibling1 spouse1 or child has been arrested for or convicted of such an offense4 7,b7 ,the term eligible ,state or locality means a ,state or locality that has taken steps to-- 7i7 create an automatic process1 at no cost to the individual1 for the expungement1 destruction1 or sealing of criminal records for cannabis offenses2 and 7ii7 eliminate violations or other penalties for persons under parole1 probation1 pre-trial1 or other ,state or local criminal supervision for a cannabis offense4 7,c7 ,the term ,state means each of the several ,states1 the ,district of ,columbia1 ,puerto ,rico1 any territory or possession of the ,united ,states1 and any ,indian ,tribe 7as defined in section #bja of ,public ,law #ij-bid 7#be ,u4,s4,c4 #acja7 7commonly known as the ,indian ,civil ,rights ,act of #aifh774 #ajdjf4 ,availability of ,small ,business ,administration programs and services to cannabis-related legitimate businesses and service providers 7a7 ,definitions relating to cannabis-,related legitimate businesses and service providers ,section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb7 is amended by adding at the end the following new subsection3 7ff7 ,cannabis-,related legitimate businesses and service providers ,in this ,act3 7#a7 ,cannabis ,the term cannabis-- 7,a7 means all parts of the plant ,cannabis sativa ,l41 whether growing or not2 the seeds thereof2 the resin extracted from any part of such plant2 and every compound1 manufacture1 salt1 derivative1 mixture1 or preparation of such plant1 its seeds or resin2 and 7,b7 does not include-- 7i7 hemp1 as defined in section #big;,a of the ,agricultural ,marketing ,act of #aidf2 or 7ii7 the mature stalks of such plant1 fiber produced from such stalks1 oil or cake made from the seeds of such plant1 any other compound1 manufacture1 salt1 derivative1 mixture1 or preparation of such mature stalks 7except the resin extracted therefrom71 fiber1 oil1 or cake1 or the sterilized seed of such plant which is incapable of germination4 7#b7 ,cannabis-,related ,legitimate ,business ,the term cannabis-related legitimate business means a manufacturer1 producer1 or any person or company that is a small business concern and that-- 7,a7 engages in any activity described in subparagraph 7,b7 pursuant to a law established by a ,state or a political subdivision of a ,state1 as determined by such ,state or political sub-division2 and 7,b7 participates in any business or organized activity that involves handling cannabis or cannabis products1 including cultivating1 producing1 manufacturing1 selling1 transporting1 displaying1 dispensing1 distributing1 or purchasing cannabis or cannabis products4 7#c7 ,service provider ,the term service provider-- 7,a7 means a business1 organization1 or other person that-- 7i7 sells goods or services to a cannabis-related legitimate business2 or 7ii7 provides any business services1 including the sale or lease of real or any other property1 legal or other licensed services1 or any other ancillary service1 relating to cannabis2 and 7,b7 does not include a business1 organization1 or other person that participates in any business or organized activity that involves handling cannabis or cannabis products1 including cultivating1 producing1 manufacturing1 selling1 transporting1 displaying1 dispensing1 distributing1 or purchasing cannabis or cannabis products4 4 7b7 ,small business development centers ,section #ba7;c7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fdh7;c77 is amended by adding at the end the following new paragraph3 7#i7 ,services for cannabis-related legitimate businesses and service providers ,a small business development center may not decline to provide services to an otherwise eligible small business concern under this section solely because such concern is a cannabis-related legitimate business or service provider4 4 7c7 ,women's business centers ,section #bi of the ,small ,business ,act 7#ae ,u4,s4,c4 #fef7 is amended by adding at the end the following new subsection3 7p7 ,services for cannabis-,related legitimate businesses and service providers ,a women's business center may not decline to provide services to an otherwise eligible small business concern under this section solely because such concern is a cannabis-related legitimate business or service provider4 4 7d7 ,,score ,section #h7;b77#a77;,b7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcg7;b77#a77;,b77 is amended by adding at the end the following new sentence3 ,the head of the ,,score program established under this subparagraph may not decline to provide services to an otherwise eligible small business concern solely because such concern is a cannabis-related legitimate business or service provider44 7e7 ,veteran ,business ,outreach ,centers ,section #cb of the ,small ,business ,act 7#ae ,u4,s4,c4 #feg;b7 is amended by adding at the end the following new subsection3 7h7 ,services for cannabis-,related legitimate businesses and service providers ,a ,veteran ,business ,outreach ,center may not decline to provide services to an otherwise eligible small business concern under this section solely because such concern is a cannabis-related legitimate business or service provider4 4 7f7 #g7;a7 loans ,section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77 is amended by adding at the end the following new paragraph3 7#cf7 ,loans to cannabis-related legitimate businesses and service providers ,the ,administrator may not decline to provide a guarantee for a loan under this subsection to an otherwise eligible small business concern solely because such concern is a cannabis-related legitimate business or service provider4 4 7g7 ,disaster loans ,section #g7;b7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;b77 is amended by inserting after paragraph 7#ae7 the following new paragraph3 7#af7 ,assistance to cannabis-related legitimate businesses and service providers ,the ,administrator may not decline to provide assistance under this subsection to an otherwise eligible borrower solely because such borrower is a cannabis-related legitimate business or service provider4 4 7h7 ,microloans ,section #g7m7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7m77 is amended by adding at the end the following new paragraph3 7#ad7 ,assistance to cannabis-related legitimate businesses and service providers ,an eligible intermediary may not decline to provide assistance under this subsection to an otherwise eligible borrower solely because such borrower is a cannabis-related legitimate business or service provider4 4 7i7 ,state or local development company loans ,title ,v of the ,small ,business ,investment ,act of #aieh 7#ae ,u4,s4,c4 #fie et seq47 is amended by adding at the end the following new section3 #eaa4 ,loans to cannabis-related legitimate businesses and service providers ,the ,administrator may not decline to provide a guarantee for a loan under this title to an otherwise eligible ,state or local development company solely because such ,state or local development company provides financing to an entity that is a cannabis-related legitimate business or service provider 7as defined in section #c7;ff7 of the ,small ,business ,act74 4 #ajdjg4 ,no discrimination in the provision of a federal public benefit on the basis of cannabis 7a7 ,in general ,no person may be denied any ,federal public benefit 7as such term is defined in section #dja7;c7 of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afaa7;c777 on the basis of any use or possession of cannabis1 or on the basis of a conviction or adjudication of juvenile delinquency for a cannabis offense1 by that person4 7b7 ,security clearances ,federal agencies may not use past or present cannabis or marijuana use as criteria for granting1 denying1 or rescinding a security clearance4 #ajdjh4 ,no adverse effect for purposes of the immigration laws 7a7 ,in general ,for purposes of the immigration laws 7as such term is defined in section #aja of the ,immigration and ,nationality ,act71 cannabis may not be considered a controlled substance1 and an alien may not be denied any benefit or protection under the immigration laws based on any event1 including conduct1 a finding1 an admission1 addiction or abuse1 an arrest1 a juvenile adjudication1 or a conviction1 relating to cannabis1 regardless of whether the event occurred before1 on1 or after the effective date of this subtitle4 7b7 ,cannabis defined ,the term cannabis-- 7#a7 means all parts of the plant ,cannabis sativa ,l41 whether growing or not2 the seeds thereof2 the resin extracted from any part of such plant2 and every compound1 manufacture1 salt1 derivative1 mixture1 or preparation of such plant1 its seeds or resin2 and 7#b7 does not include-- 7,a7 hemp1 as defined in section #big;,a of the ,agricultural ,marketing ,act of #aidf2 or 7,b7 the mature stalks of such plant1 fiber produced from such stalks1 oil or cake made from the seeds of such plant1 any other compound1 manufacture1 salt1 derivative1 mixture1 or preparation of such mature stalks 7except the resin extracted therefrom71 fiber1 oil1 or cake1 or the sterilized seed of such plant which is incapable of germination4 7c7 ,conforming amendments to immigration and nationality act ,the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended-- 7#a7 in section #bab7;h71 by striking and subparagraph 7,a77i77,,ii7 of such subsection insofar as it relates to a single offense of simple possession of #cj grams or less of marijuana2 7#b7 in section #bcg7;a77#b77;,b77i71 by striking other than a single offense involving possession for one's own use of #cj grams or less of marijuana2 7#c7 in section #aja7;f77#c71 by striking 7except as such paragraph relates to a single offense of simple possession of #cj grams or less of marihuana72 7#d7 in section #bdd7;c77#b77;,a77iii77,,ii7 by striking except for so much of such paragraph as relates to a single offense of simple possession of #cj grams or less of marijuana2 7#e7 in section #bde7;h77#b77;,b7 by striking 7except for so much of such paragraph as related to a single offense of simple possession of #cj grams or less of marijuana72 7#f7 in section #baj7;c77#b77;,b77ii77,,iii7 by striking 1 except for so much of such paragraph as relates to a single offense of simple possession of #cj grams or less of marihuana2 and 7#g7 in section #bde;,a7d77#b77;,b77ii77,,ii7 by striking 1 except for so much of such paragraph as relates to a single offense of simple possession of #cj grams or less of marihuana4 #ajdji4 ,resentencing and expungement 7a7 ,expungement of ,federal cannabis offense convictions for individuals not under a criminal justice sentence 7#a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 each ,federal district shall conduct a comprehensive review and issue an order expunging each conviction or adjudication of juvenile delinquency for a ,federal cannabis offense entered by each ,federal court in the district before the date of enactment of this ,act and on or after ,may #a1 #aiga4 ,each ,federal court shall also issue an order expunging any arrests associated with each expunged conviction or adjudication of juvenile delinquency4 7#b7 ,notification ,to the extent practicable1 each ,federal district shall notify each individual whose arrest1 conviction1 or adjudication of delinquency has been expunged pursuant to this subsection that their arrest1 conviction1 or adjudication of juvenile delinquency has been expunged1 and the effect of such expungement4 7#c7 ,right to petition court for expungement ,at any point after the date of enactment of this ,act1 any individual with a prior conviction or adjudication of juvenile delinquency for a ,federal cannabis offense1 who is not under a criminal justice sentence1 may file a motion for expungement4 ,if the expungement of such a conviction or adjudication of juvenile delinquency is required pursuant to this subtitle1 the court shall expunge the conviction or adjudication1 and any associated arrests4 ,if the individual is indigent1 counsel shall be appointed to represent the individual in any proceedings under this subsection4 7#d7 ,sealed record ,the court shall seal all records related to a conviction or adjudication of juvenile delinquency that has been expunged under this subsection4 ,such records may only be made available by further order of the court4 7b7 ,sentencing review for individuals under a criminal justice sentence 7#a7 ,in general ,for any individual who is under a criminal justice sentence for a ,federal cannabis offense1 the court that imposed the sentence shall1 on motion of the individual1 the ,director of the ,bureau of ,prisons1 the attorney for the ,government1 or the court1 conduct a sentencing review hearing4 ,if the individual is indigent1 counsel shall be appointed to represent the individual in any sentencing review proceedings under this subsection4 7#b7 ,potential reduced resentencing ,after a sentencing hearing under paragraph 7#a71 a court shall-- 7,a7 expunge each conviction or adjudication of juvenile delinquency for a ,federal cannabis offense entered by the court before the date of enactment of this ,act1 and any associated arrest2 7,b7 vacate the existing sentence or disposition of juvenile delinquency and1 if applicable1 impose any remaining sentence or disposition of juvenile delinquency on the individual as if this subtitle1 and the amendments made by this subtitle1 were in effect at the time the offense was committed2 and 7,c7 order that all records related to a conviction or adjudication of juvenile delinquency that has been expunged or a sentence or disposition of juvenile delinquency that has been vacated under this subtitle be sealed and only be made available by further order of the court4 7c7 ,effect of expungement ,an individual who has had an arrest1 a conviction1 or juvenile delinquency adjudication expunged under this section-- 7#a7 may treat the arrest1 conviction1 or adjudication as if it never occurred2 and 7#b7 shall be immune from any civil or criminal penalties related to perjury1 false swearing1 or false statements1 for a failure to disclose such arrest1 conviction1 or adjudication4 7d7 ,definitions ,in this section3 7#a7 ,the term ,federal cannabis offense means an offense that is no longer punishable pursuant to this subtitle or the amendments made under this subtitle4 7#b7 ,the term expunge means1 with respect to an arrest1 a conviction1 or a juvenile delinquency adjudication1 the removal of the record of such arrest1 conviction1 or adjudication from each official index or public record4 7#c7 ,the term under a criminal justice sentence means1 with respect to an individual1 that the individual is serving a term of probation1 parole1 supervised release1 imprisonment1 official detention1 pre-release custody1 or work release1 pursuant to a sentence or disposition of juvenile delinquency imposed on or after the effective date of the ,controlled ,substances ,act 7,may #a1 #aiga74 #ajdaj4 ,references in existing law to marijuana or marihuana ,wherever1 in the statutes of the ,united ,states or in the rulings1 regulations1 or interpretations of various administrative bureaus and agencies of the ,united ,states-- 7#a7 there appears or may appear the term marihuana or marijuana1 that term shall be struck and the term cannabis shall be inserted2 and 7#b7 there appears or may appear the term ,marihuana or ,marijuana1 that term shall be struck and the term ,cannabis shall be inserted4 #ajdaa4 ,severability ,if any provision of this subtitle or an amendment made by this subtitle1 or any application of such provision to any person or circumstance1 is held to be unconstitutional1 the remainder of this subtitle1 the amendments made by this subtitle1 and the application of this subtitle and the amendments made by this subtitle to any other person or circumstance shall not be affected4 #ajdab4 ,cannabis offense defined ,for purposes of this subtitle1 the term cannabis offense means a criminal offense related to cannabis-- 7#a7 that1 under ,federal law1 is no longer punishable pursuant to this subtitle or the amendments made under this subtitle2 or 7#b7 that1 under ,state law1 is no longer an offense or that was designated a lesser offense or for which the penalty was reduced under ,state law pursuant to or following the adoption of a ,state law authorizing the sale or use of cannabis4 #ajdac4 ,rulemaking ,unless otherwise provided in this subtitle1 not later than #a year after the date of enactment of this ,act1 the ,department of the ,treasury1 the ,department of ,justice1 and the ,small ,business ,administration shall issue or amend any rules1 standard operating procedures1 and other legal or policy guidance necessary to carry out implementation of this subtitle4 ,after the #a-year period1 any publicly issued sub-regulatory guidance1 including any compliance guides1 manuals1 advisories and notices1 may not be issued without #fj-;day notice to appropriate congressional committees4 ,notice shall include a description and justification for additional guidance4 ,e ,,ice ,body ,camera #ajeja4 ,short title ,this subtitle may be cited as the ,,ice ,body ,camera ,act of #bjbj4 #ajejb4 ,findings ,congress finds the following3 7#a7 ,body cameras employed in police actions have led to increases in public trust and decreases in police violence4 7#b7 ,employing body cameras in police actions makes enforcement actions safer for law enforcement officers and members of the general public alike while restoring trust and accountability in the process4 #ajejc4 ,use of body cameras by certain ,,ice officers 7a7 ,in general ,not later than #ah months after the date of the enactment of this ,act1 the ,director of ,u4,s4 ,immigration and ,customs ,enforcement 7,,ice7 shall ensure that all deportation officers of ,enforcement and ,removal ,operations of ,,ice wear body cameras when such officers are engaged in field operations or removal proceedings4 7b7 ,implementation ,to carry out subsection 7a71 the ,director of ,,ice shall1 not later than #ab months after the date of the enactment of this ,act-- 7#a7 establish policies and procedures for when deportation officers of ,enforcement and ,removal ,operations of ,,ice should wear1 activate1 and deactivate body cameras2 7#b7 develop standards for the effective placement of such cameras2 7#c7 publish and implement best practices for receiving and storing accurate recordings from such cameras2 7#d7 establish guidelines and training for such officers on the proper management and use of such cameras2 and 7#e7 establish policies for the availability of such recordings to the subjects of removal proceedings1 victims of crime1 internal use by law enforcement officials1 and the general public4 #ajejd4 ,recordings to be provided to certain persons ,a recording made by a body camera worn by a deportation officer during an enforcement action shall be provided1 in the case of any administrative proceeding 7including a removal proceeding71 civil action1 or criminal prosecution to which such recording pertains1 to each party to the proceeding1 action1 or prosecution4 #ajeje4 ,withholding of certain funds ,any funds necessary to purchase1 store1 use1 or maintain body cameras described in this subtitle shall be derived from funds made available to purchase new weapons for ,,ice officials4 ,g ,demanding ,oversight from ,justice #ajgja4 ,short title ,this subtitle may be cited as the ,demanding ,oversight from ,justice ,act of #bjbj4 #ajgjb4 ,civil action by ,attorney ,general ,section #bajdja7;b7 of the ,violent ,crime ,control and ,law ,enforcement ,act of #aiid 7#cd ,u4,s4,c4 #abfja7;b77 is amended by striking may in a civil action and inserting shall in a civil action4 #ajgjc4 ,annual reporting requirement ,not later than #a year after the date of enactment of this section1 and annually thereafter1 the ,attorney ,general shall publish a report describing the complaints received by the ,department of ,justice alleging violations of section #bajdja of the ,violent ,crime ,control and ,law ,enforcement ,act of #aiid1 including-- 7#a7 information on each investigation conducted and each civil action initiated-- 7,a7 pursuant to all such complaints2 or 7,b7 without such a complaint having been filed2 and 7#b7 for each complaint received for which the ,attorney ,general does not initiate an investigation or a civil action1 an explanation as to why no investigation or civil action was initiated4 ,h ,building ,bridges and ,transforming ,resentment and ,unfairness to ,support and ,trust for ,municipal ,law ,enforcement #ajhja4 ,short title ,this subtitle may be cited as the ,building ,bridges and ,transforming ,resentment and ,unfairness to ,support and ,trust for ,municipal ,law ,enforcement ,act of #bjbj or the ,build ,,trust ,act of #bjbj4 #ajhjb4 ,findings ,congress finds the following3 7#a7 ,the growing trend of local units of government using traffic fines and traffic court fees and costs as revenue generators promotes unfair1 excessive targeting of citizens by law enforcement agents1 infringes on civil liberties1 and promotes reliance on unpredictable revenue sources4 7#b7 ,the growing trend of local units of government using traffic fines and traffic court fees and costs as revenue generators has the potential to breed public cynicism and distrust of local law enforcement agencies1 and to lessen public confidence that the laws are being enforced impartially and the criminal justice system is administered equally4 #ajhjc4 ,reduction in grant funding for units of local government 7a7 ,collection of fines for violations of traffic laws ,except as provided in subsection 7b7 or section #ajhjd1 a unit of local government which1 during the previous #c fiscal years1 funded an amount that1 on average1 was greater than #ah percent of its operating budget using revenue generated from collecting fines and other fees related to violations of traffic laws1 shall1 in the case of a unit of local government receiving grant funds under subpart #a of part ,e of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgej et seq471 receive only #be percent of the grant award that would have otherwise been awarded to that unit of local government under such subpart4 7b7 ,disproportionate racial composition of law enforcement agencies ,in the case of a unit of local government described in subsection 7a7 for which1 during the previous fiscal year1 the percentage of individuals who identify as a race who were employees of the law enforcement agency for that unit of local government1 and the percentage of individuals who identify as that race who live in the jurisdiction which that law enforcement agency serves1 differs by greater than #cj percent1 the unit of local government shall receive only #e percent of the grant award that would have otherwise been awarded to that unit of local government under subpart #a of part ,e of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgej et seq474 7c7 ,obligation of ,states ,a ,state that receives a grant award under subpart #a of part ,e of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgej et seq471 which does not reduce a subgrant award made under such grant to a unit of local government in its jurisdiction in accordance with this section1 shall1 in the succeeding fiscal year1 receive only #ej percent of the grant award that would have otherwise been awarded to that ,state under such subpart4 7d7 ,reallocation ,any funds withheld from a ,state or unit of local government from a direct grant award by the ,attorney ,general shall be reallocated in accordance with subpart #a of part ,e of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgej et seq474 #ajhjd4 ,exemptions ,the provisions of section #ajhjc shall not apply in the case of any unit of local government-- 7#a7 that serves a population of less than #ae1jjj people and so certifies to the ,attorney ,general2 or 7#b7 to which the ,attorney ,general has granted a waiver under section #ajhje4 #ajhje4 ,waivers ,the ,attorney ,general may1 in his or her discretion1 grant a waiver under this section to any unit of local government for good cause shown1 and shall consider the following factors3 7#a7 ,whether1 resulting from allegations of excessive uses of force1 false arrests1 improper searches and seizures1 failures to discipline officers sufficiently1 or failure to supervise officers1 the unit of local government is subject to a consent decree or ,memorandum of ,understanding1 or the subject of an investigation by the ,special ,litigation ,section of the ,civil ,rights ,division of the ,department of ,justice4 7#b7 ,whether the unit of local government has taken affirmative action to ensure that adequate practices and procedures are in place to increase public trust and confidence in the impartial and equitable administration of justice1 including-- 7,a7 whether incidents of officer involved shootings and uses of excessive force are investigated by a ,special ,prosecutor appointed by the ,governor1 ,state ,attorney ,general1 or ,presiding ,judge of the local court of jurisdiction2 7,b7 whether incidents of officer involved shootings and uses of excessive force are adjudicated in a public proceeding rather than the grand jury process4 7#c7 ,whether the minority community is equitably represented in the municipality's legislative body and executive departments4 ,i ,clarification of ,right to ,counsel #ajija4 ,clarification of right to counsel 7a7 ,right to counsel in immigration proceedings 7#a7 ,subparagraph 7,a7 of section #bdj7;b77#d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a7b77#d77 is amended to read as follows3 7,a7 the alien shall have the privilege of being represented by counsel of the alien's choosing who is authorized to practice in such proceedings1 4 7#b7 ,section #bib of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acfb7 is amended to read as follows3 #bib4 ,right to counsel 7a7 ,in general ,in any removal1 exclusion1 or deportation proceeding or inspection under section #bce7;a71 #bce7;b71 #bcf1 #bch1 #bdj1 or #bda1 the person subject to such proceeding shall be entitled to representation by such authorized counsel as the person may choose4 7b7 ,redress options ,if counsel cannot personally meet with a person subject to holding1 detention1 or inspection at a port of entry1 ,u4,s4 ,customs and ,border ,protection or ,u4,s4 ,immigration and ,customs ,enforcement1 as appropriate1 shall provide redress options through which counsel may communicate remotely with the held or detained person during the first hour and thereafter of such holding or detention1 regardless of the day or time when such holding or detention began4 7c7 ,record of abandonment of lawful permanent resident status or withdrawal of application for admission ,a person held or detained at a port of entry may not submit a valid ,record of ,abandonment of ,lawful ,permanent ,resident ,status or ,withdrawal of ,application for ,admission if such person has been denied access to counsel in accordance with this section4 7d7 ,definitions ,in this section3 7#a7 ,inspection ,the term inspection does not include primary inspection 7as defined in the policies of the ,department of ,homeland ,security74 7#b7 ,person ,the term person has the meaning given the term in section #aja7;b77#c74 4 7b7 ,right to counsel or representation ,section #eee7;b7 of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 ,the right to be accompanied1 represented1 and advised by counsel or other qualified representative under this subsection shall extend to any person subject to a proceeding1 examination1 holding1 or detention described in section #bib of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acfb744 7c7 ,savings provision ,nothing in this section1 or in any amendment made by this section1 may be construed to limit any preexisting right to counsel under section #bib of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acfb71 as in effect on the day before the date of the enactment of this ,act1 or under any other law4 #ajijb4 ,treatment of individuals held or detained at ports of entry or at any ,,cbp or ,,ice detention facility 7a7 ,in general ,the holding or detention of individuals at a port of entry or at any holding or detention facility overseen by ,u4,s4 ,customs and ,border ,protection or ,u4,s4 ,immigration and ,customs ,enforcement-- 7#a7 shall be limited to the briefest term and the least restrictive conditions practicable and consistent with the rationale for such holding or detention2 and 7#b7 shall include access to food1 water1 and restroom facilities4 7b7 ,savings provision ,nothing in this section may be construed to limit agencies from complying with other legal authorities1 policies1 or standards with respect to treatment of individuals held or detained at ports of entry or at any holding or detention facility overseen by ,u4,s4 ,customs and ,border ,protection or ,u4,s4 ,immigration and ,customs ,enforcement4 ,j ,equal ,justice ,under ,law #aajja4 ,short title ,this subtitle may be cited as the ,equal ,justice ,under ,law ,act of #bjbj4 #aajjb4 ,effective assistance of counsel 7a7 ,in general ,an indigent individual facing criminal prosecution or juvenile delinquency in a ,state court shall be entitled to the effective assistance of counsel1 as guaranteed by the ,sixth and ,fourteenth ,amendments to the ,constitution of the ,united ,states1 at the expense of the ,state4 7b7 ,delegation ,if a ,state delegates fiscal or administrative authority over the indigent defense function to a political subdivision of the ,state1 the ,state shall secure effective assistance of counsel for the individual4 7c7 ,ineffective assistance ,for purposes of this section1 the assistance of counsel is ineffective if the performance of counsel was not reasonable under prevailing professional norms4 #aajjc4 ,remedy 7a7 ,class action authorized ,if a ,state official or one or more of a political subdivision of the ,state fails on a systemic basis to guarantee the right to the assistance of effective counsel as guaranteed by the ,sixth and ,fourteenth ,amendments to the ,constitution of the ,united ,states1 an individual aggrieved by a violation of section #aajjb may commence a civil class action in an appropriate district court of the ,united ,states to seek declaratory1 injunctive1 or other equitable relief4 7b7 ,abstention doctrine ,a court entertaining a petition for relief filed under this subtitle need not apply the abstention doctrine established in ,younger v4 ,harris 7#dja ,u4,s4 #cg74 7c7 ,attorney's fees ,in any action or proceeding under this section1 the court1 in its discretion1 may allow the prevailing party1 other than a named official of a ,state or political subdivision of a ,state1 a reasonable attorney's fee as part of the costs4 ,in awarding an attorney's fee under this subsection1 the court1 in its discretion1 may include expert fees as part of the attorney's fee4 7d7 ,savings provision ,nothing in this section shall restrict any right that any individual has under any other statute or under common law to seek redress for a violation of the right to counsel4 #aajjd4 ,edward ,byrne ,memorial ,justice ,assistance ,grant ,program ,section #eja7;b7 of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgea7;b77 is amended by inserting 1 in consultation with public defenders1 before may4 ,k ,clarence ,gideon ,full ,access to ,justice #aaaja4 ,short title ,this subtitle may be cited as the ,clarence ,gideon ,full ,access to ,justice ,act or the ,gideon ,act4 #aaajb4 ,defender ,office for ,supreme ,court ,advocacy 7a7 ,in general ,chapter #bja of title #ah1 ,united ,states ,code1 is amended by inserting after section #cjjf;,a the following3 #cjjf;,b4 ,defender ,office for ,supreme ,court ,advocacy 7a7 ,definitions ,in this section-- 7#a7 the term ,board means the ,board of ,directors established under subsection 7d7 for the ,office2 7#b7 the term consult includes1 with respect to covered cases-- 7,a7 giving advice2 7,b7 drafting or editing briefs2 7,c7 providing assistance with moot courts2 and 7,d7 organizing or coordinating the drafting1 editing1 and filing of amicus curiae briefs2 7#c7 the term covered case means a noncapital case involving an issue of ,federal criminal statutory or constitutional law2 7#d7 the term ,director means the ,director of the ,office selected in accordance with subsection 7e72 and 7#e7 the term ,office means the ,defender ,office for ,supreme ,court ,advocacy established under subsection 7b74 7b7 ,establishment2 purposes ,there is established in the ,district of ,columbia a private nonmembership nonprofit corporation1 which shall be known as the ,defender ,office for ,supreme ,court ,advocacy1 for the purpose of-- 7#a7 advocating on behalf of individuals in covered cases before-- 7,a7 the ,supreme ,court of the ,united ,states2 and 7,b7 when resources permit1 the highest court of a ,state2 and 7#b7 providing assistance to attorneys advocating on behalf of individuals in covered cases described in paragraph 7#a74 7c7 ,principal office ,the ,office shall maintain its principal office in the ,district of ,columbia4 7d7 ,board of ,directors 7#a7 ,in general ,the ,office shall have a ,board of ,directors consisting of #ah voting members-- 7,a7 #f of whom shall be ,federal ,public ,defenders or ,executive ,directors of ,community ,defender ,organizations described in section #cjjf;,a1 elected by the ,federal ,public ,defenders and the ,executive ,directors of ,community ,defender ,organizations in each district2 7,b7 #f of whom shall be attorneys from a panel described in section #cjjf;,a7b71 elected by the panel attorney district representatives2 and 7,c7 #f of whom shall be ,state or local public defenders from geographically diverse ,states1 who shall be elected by the individuals elected under subparagraphs 7,a7 and 7,b7 not later than #f months after the date of the first meeting of the ,board4 7#b7 ,staggered terms 7,a7 ,in general ,a member of the ,board shall serve a term of #d years1 except that the first members elected to the ,board under subparagraph 7,a7 or 7,b7 of paragraph 7#a7 shall be divided into ,class ,a and ,class ,b4 7,b7 ,classes ,class ,a and ,class ,b shall each consist of-- 7i7 #c members elected under paragraph 7#a77;,a72 and 7ii7 #c members elected under paragraph 7#a77;,b74 7,c7 ,terms 7i7 ,initial terms ,for the initial members of the ,board-- 7,i7 members of ,class ,a shall serve a term of #b years2 7,,ii7 members of ,class ,b shall serve a term of #d years2 and 7,,iii7 members elected under paragraph 7#a77;,c7 shall serve a term of #d years4 7ii7 ,subsequent terms ,all subsequent terms shall be for a term of #d years4 7,d7 ,membership of each class ,the membership of each class shall be determined by the members of the ,board at the first meeting of the ,board of ,directors4 7,e7 ,vacancies ,interim elections may be held to fill any vacancies4 7#c7 ,bylaws ,the ,board shall establish bylaws to govern the operations of the ,office4 7e7 ,director 7#a7 ,in general ,the ,board of ,directors shall appoint a ,director for the ,office4 7#b7 ,requirement ,the ,director appointed under paragraph 7#a7 shall not be a member of the ,board of ,directors4 7f7 ,general requirements for ,director ,the ,director shall be learned and experienced in the law applicable to ,federal criminal appellate practice4 7g7 ,functions of the ,office 7#a7 ,grants of petitions for writs of certiorari in the ,supreme ,court of the ,united ,states 7,a7 ,in general ,on the granting of a petition for a writ of certiorari by the ,supreme ,court of the ,united ,states in a covered case1 the ,office shall-- 7i7 consult with any counsel in a covered case in which the defendant was previously represented by counsel appointed under section #cjjf;,a2 and 7ii7 when resources permit1 be available to consult with counsel in any other covered case4 7,b7 ,arguing case ,in any covered case1 an attorney described in clause 7i7 or 7ii7 of subparagraph 7,a7 may-- 7i7 advocate on behalf of an individual before the ,supreme ,court of the ,united ,states2 or 7ii7 permit the ,office to advocate on behalf of an individual before the ,supreme ,court of the ,united ,states4 7#b7 ,filing of amicus curiae briefs ,the ,office may file an amicus curiae brief-- 7,a7 in any covered case in the ,supreme ,court of the ,united ,states2 and 7,b7 when resources permit1 in a covered case in the highest courts of ,states4 7#c7 ,call for the views of the ,office2 leave to participate in oral argument ,in any covered case-- 7,a7 upon request by the ,supreme ,court of the ,united ,states-- 7i7 the ,office may provide the views of the ,office on the covered case2 and 7ii7 an employee of the ,office may participate in oral argument as amicus curiae2 and 7,b7 upon request by the highest court of a ,state1 and when resources permit-- 7i7 the ,office may provide the views of the ,office on the covered case2 and 7ii7 an employee of the ,office may participate in oral argument as amicus curiae4 7#d7 ,monitoring court decisions and filing petitions for certiorari ,the ,office may-- 7,a7 monitor issues in covered cases-- 7i7 on which the courts of appeals of the ,united ,states are divided2 or 7ii7 that involve significant ,federal criminal statutory or constitutional issues2 and 7,b7 draft1 edit1 and file a petition for certiorari in the ,supreme ,court of the ,united ,states on behalf of an individual seeking review by the ,supreme ,court of the ,united ,states of a covered case4 7#e7 ,training ,the ,office may provide training to carry out the purpose and functions of the ,office4 7#f7 ,other functions ,in addition to the functions described in paragraphs 7#a7 through 7#e71 the ,director may allocate any funds made available to the ,office for any other function that the ,director determines is necessary to carry out the purposes of the ,office1 including1 when resources permit1 advocacy in a covered case before the highest court of a ,state4 7h7 ,employees ,the ,director1 subject to general policies established by the ,office1 has the authority to appoint and remove such employees of the ,office as the ,director determines necessary to carry out the purposes of the ,office4 4 7b7 ,technical and conforming amendment ,the table of sections for chapter #bja of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #cjjf;,a the following3 #cjjf;,b4 ,defender ,office for ,supreme ,court ,advocacy4 4 ,l ,funding ,attorneys for ,indigent ,removal ,proceedings #aabja4 ,short title ,this subtitle may be cited as the ,funding ,attorneys for ,indigent ,removal 7,,fair7 ,proceedings ,act4 #aabjb4 ,improving immigration court efficiency and reducing costs by increasing access to legal information 7a7 ,appointment of counsel in certain cases2 right ,to review certain documents in removal proceedings ,section #bdj7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a7b77 is amended-- 7#a7 in paragraph 7#d7-- 7,a7 in subparagraph 7,a7-- 7i7 by striking 1 at no expense to the ,government12 and 7ii7 by striking the comma at the end and inserting a semicolon2 7,b7 by redesignating subparagraphs 7,b7 and 7,c7 as subparagraphs 7,d7 and 7,e71 respectively2 7,c7 by inserting after subparagraph 7,a7 the following3 7,b7 the ,attorney ,general may appoint or provide counsel1 at ,government expense1 to aliens in immigration proceedings2 7,c7 the alien shall1 at the beginning of the proceedings or as expeditiously as possible1 automatically receive a complete copy of all relevant documents in the possession of the ,department of ,homeland ,security1 including all documents 7other than documents protected from disclosure by privilege1 including national security information referred to in subparagraph 7,d71 law enforcement sensitive information1 and information prohibited from disclosure pursuant to any other provision of law7 contained in the file maintained by the ,government that includes information with respect to all transactions involving the alien during the immigration process 7commonly referred to as an ,a-file71 and all documents pertaining to the alien that the ,department of ,homeland ,security has obtained or received from other government agencies1 unless the alien waives the right to receive such documents by executing a knowing and voluntary written waiver in a language that he or she understands fluently2 2 and 7,d7 in subparagraph 7,d71 as redesignated1 by striking 1 and and inserting 2 and2 and 7#b7 by adding at the end the following3 7#h7 ,failure to provide alien required documents ,in the absence of a waiver under paragraph 7#d77;,c71 a removal proceeding may not proceed until the alien-- 7,a7 has received the documents as required under such paragraph2 and 7,b7 has been provided meaningful time to review and assess such documents4 4 7b7 ,clarification regarding the authority of the ,attorney ,general ,to appoint counsel to aliens in immigration proceedings ,section #bib of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acfb7 is amended-- 7#a7 by striking ,in any and inserting the following3 7a7 ,in general ,in any proceeding conducted under section #bce1 #bcf1 #bch1 #bdj1 #bda1 or any other section of this ,act1 including 2 7#b7 in subsection 7a71 as redesignated-- 7,a7 by striking 7at no expense to the ,government72 and 7,b7 by striking he shall and inserting the person shall2 and 7#c7 by adding at the end the following3 7b7 ,access to counsel ,the ,attorney ,general may appoint or provide counsel to aliens in any proceeding conducted under section #bce1 #bcf1 #bch1 #bdj1 or #bda or any other section of this ,act4 ,the ,secretary of ,homeland ,security shall ensure that aliens have access to counsel inside all immigration detention and border facilities4 4 7c7 ,appointment of counsel for children and vulnerable aliens 7#a7 ,in general ,section #bib of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acfb71 as amended by subsection 7b71 is further amended by adding at the end the following3 7c7 ,children and vulnerable aliens ,notwithstanding subsection 7b71 the ,attorney ,general shall appoint or provide counsel1 at the expense of the ,government if necessary1 at the beginning of the proceedings or as expeditiously as possible1 to represent in such proceedings any alien who has been determined by the ,secretary of ,homeland ,security or the ,attorney ,general to be-- 7#a7 a child 7as defined in section #aja7;b77#a7 of this ,act72 7#b7 a particularly vulnerable individual1 such as-- 7,a7 a person with a disability2 or 7,b7 a victim of abuse1 torture1 or violence2 7#c7 an individual whose income is at or below #bjj percent of the poverty line 7as defined by the ,office of ,management and ,budget and revised annually in accordance with section #fgc7b7 of the ,community ,services ,block ,grant ,act 7#db ,u4,s4,c4 #iijb7b777 applicable to a family of the size involved2 or 7#d7 an individual whose circumstances are such that the appointment of counsel is necessary to help ensure fair resolution and efficient adjudication of the proceedings4 7d7 ,extension to consolidated cases ,if the ,attorney ,general has consolidated the case of any alien for whom counsel was appointed under subsection 7c7 with that of any other alien1 and that other alien does not have counsel1 then the counsel appointed under subsection 7c7 shall be appointed to represent such other alien4 7e7 ,authorization of appropriations ,there is authorized to be appropriated to the ,executive ,office of ,immigration ,review of the ,department of ,justice1 in addition to amounts available in the ,immigration ,counsel ,account under section #bie1 such sums as may be necessary to carry out this section4 4 7#b7 ,rulemaking ,the ,attorney ,general shall promulgate regulations to implement section #bib7;c7 of the ,immigration and ,nationality ,act1 as added by paragraph 7#a71 in accordance with the requirements set forth in section #cjjf;,a of title #ah1 ,united ,states ,code4 #aabjc4 ,access by counsel and legal orientation at detention facilities 7a7 ,access to counsel ,the ,secretary of ,homeland ,security shall facilitate access to counsel for all aliens detained in facilities under the supervision of ,u4,s4 ,immigration and ,customs ,enforcement or of ,u4,s4 ,customs and ,border ,protection1 including providing information to aliens in detention about legal services programs at detention facilities4 7b7 ,access to legal orientation programs ,the ,secretary of ,homeland ,security1 in consultation with the ,attorney ,general1 shall establish procedures to ensure that legal orientation programs are available for all detained aliens1 including aliens held in ,u4,s4 ,customs and ,border ,protection facilities1 to inform such aliens of the basic procedures of immigration hearings1 their rights relating to those hearings under ,federal immigration laws1 information that may deter such aliens from filing frivolous legal claims1 and any other information that the ,attorney ,general considers appropriate1 such as a contact list of potential legal resources and providers4 ,access to legal orientation programs shall not be limited by the alien's current immigration status1 prior immigration history1 or potential for immigration relief4 #aabjd4 ,report on access to counsel 7a7 ,report ,not later than ,december #ca of each year1 the ,secretary of ,homeland ,security1 in consultation with the ,attorney ,general1 shall prepare and submit a report to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives regarding the extent to which aliens described in section #bib7;c7 of the ,immigration and ,nationality ,act1 as added by section #aabjb7;c77#a71 have been provided access to counsel4 7b7 ,contents ,each report submitted under paragraph 7a7 shall include1 for the immediately preceding #a-year period-- 7#a7 the number and percentage of aliens described in paragraphs 7#a71 7#b71 7#c71 and 7#d71 respectively1 of section #bib7;c7 of the ,immigration and ,nationality ,act1 as added by section #aabjb7;c77#a71 who were represented by counsel1 including information specifying-- 7,a7 the stage of the legal process at which the alien was represented2 and 7,b7 whether the alien was in government custody2 and 7#b7 the number and percentage of aliens who received legal orientation presentations4 #aabje4 ,motions to reopen ,section #bdj7;c77#g77;,c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a7c77#g77;,c77 is amended by adding at the end the following3 7v7 ,special rule for aliens entitled to appointment of counsel ,if the ,attorney ,general fails to appoint counsel for an alien in violation of section #bib7;c7-- 7,i7 no limitation under this paragraph pertaining to the filing of any motion under this paragraph by such alien shall apply2 and 7,,ii7 the filing of such a motion shall stay the removal of the alien4 4 #aabjf4 ,supplementary surcharge 7a7 ,in general ,chapter #i of the ,immigration and ,nationality ,act is amended by adding at the end the following3 #bie4 ,supplementary surcharge 7a7 ,in general ,there is established in the general fund of the ,treasury a separate account which shall be known as the ,immigration ,counsel ,account4 ,notwithstanding any other section of this title1 there shall be deposited as offsetting receipts into the ,immigration ,counsel ,account all fees collected under subsection 7c7 of this section1 to remain available until expended for purposes of providing access to counsel when required or authorized under this ,act and facilitating access to counsel under the ,funding ,attorneys for ,indigent ,removal 7,,fair7 ,proceedings ,act4 7b7 ,report ,at the end of each #b-year period1 beginning with the creation of this account1 the ,secretary of ,homeland ,security1 following a public rulemaking with opportunity for notice and comment1 shall submit a report to the ,congress concerning the status of the account1 including any balances therein1 and recommend any adjustment in the prescribed fee that may be required to ensure that the receipts collected from the fee charged for the succeeding two years equal1 as closely as possible1 the cost of providing access to counsel when required or authorized under this ,act and facilitating access counsel under the ,funding ,attorneys for ,indigent ,removal 7,,fair7 ,proceedings ,act4 7c7 ,receipts ,in any case in which a fee is charged pursuant to this ,act or any of the other immigration laws1 an additional surcharge of #aj shall also be imposed and collected4 4 7b7 ,table of contents ,the table of contents for such ,act is amended by inserting after the item relating to section #bid the following3 ,sec4 #bie4 ,supplementary surcharge4 4 ,m ,tax ,relief for ,guard and ,reserve ,training #aacja4 ,short title ,this subtitle may be cited as the ,tax ,relief for ,guard and ,reserve ,training ,act4 #aacjb4 ,reduction of mileage threshold for deduction in determining adjusted gross income 7a7 ,in general ,subparagraph 7,e7 of section #fb7;a77#b7 of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 by striking #ajj miles and inserting #ej miles1 and 7#b7 by striking for any period and inserting for any period 7without regard to whether such period includes an overnight stay74 7b7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjaf4 #aacjc4 ,exemption from #b percent floor on miscellaneous itemized deductions 7a7 ,in general ,subsection 7b7 of section #fg of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 by striking and at the end of paragraph 7#aa71 7#b7 by striking the period at the end of paragraph 7#ab7 and inserting 1 and1 and 7#c7 by adding at the end the following new paragraph3 7#ac7 the deductions allowed by section #afb which consist of expenses paid or incurred by the taxpayer in connection with the performance of services by such taxpayer as a member of a reserve component of the ,armed ,forces of the ,united ,states for any period 7without regard to whether such period includes an overnight stay7 during which such individual is more than #ej miles away from home in connection with such services4 4 7b7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjaf4 ,n ,maintaining dignity and ,eliminating unnecessary ,restrictive ,confinement of ,youths #aadja4 ,short title ,this subtitle may be cited as the ,maintaining dignity and ,eliminating unnecessary ,restrictive ,confinement of ,youths ,act of #bjbj or the ,,mercy ,act4 #aadjb4 ,juvenile solitary confinement 7a7 ,in general ,chapter #djc of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #ejdc4 ,juvenile solitary confinement 7a7 ,definitions ,in this section-- 7#a7 the term covered juvenile means-- 7,a7 a juvenile who-- 7i7 is being proceeded against under this chapter for an alleged act of juvenile delinquency2 or 7ii7 has been adjudicated delinquent under this chapter2 or 7,b7 a juvenile who is being proceeded against as an adult in a district court of the ,united ,states for an alleged criminal offense2 7#b7 the term juvenile facility means any facility where covered juveniles are-- 7,a7 committed pursuant to an adjudication of delinquency under this chapter2 or 7,b7 detained prior to disposition or conviction2 and 7#c7 the term room confinement means the involuntary placement of a covered juvenile alone in a cell1 room1 or other area for any reason4 7b7 ,prohibition on room confinement in juvenile facilities 7#a7 ,in general ,the use of room confinement at a juvenile facility for discipline1 punishment1 retaliation1 or any reason other than as a temporary response to a covered juvenile's behavior that poses a serious and immediate risk of physical harm to any individual1 including the covered juvenile1 is prohibited4 7#b7 ,juveniles posing risk of harm 7,a7 ,requirement to use least restrictive techniques 7i7 ,in general ,before a staff member of a juvenile facility places a covered juvenile in room confinement1 the staff member shall attempt to use less restrictive techniques1 including-- 7,i7 talking with the covered juvenile in an attempt to de-escalate the situation2 and 7,,ii7 permitting a qualified mental health professional1 or a staff member who has received training in de-escalation techniques and trauma-informed care1 to talk to the covered juvenile4 7ii7 ,explanation ,if1 after attempting to use less restrictive techniques as required under clause 7i71 a staff member of a juvenile facility decides to place a covered juvenile in room confinement1 the staff member shall first-- 7,i7 explain to the covered juvenile the reasons for the room confinement2 and 7,,ii7 inform the covered juvenile that release from room confinement will occur-- 7aa7 immediately when the covered juvenile regains self-control1 as described in subparagraph 7,b77i72 or 7bb7 not later than after the expiration of the time period described in subclause 7,i7 or 7,,ii7 of subparagraph 7,b77ii71 as applicable4 7,b7 ,maximum period of confinement ,if a covered juvenile is placed in room confinement because the covered juvenile poses a serious and immediate risk of physical harm to himself or herself1 or to others1 the covered juvenile shall be released-- 7i7 immediately when the covered juvenile has sufficiently gained control so as to no longer engage in behavior that threatens serious and immediate risk of physical harm to himself or herself1 or to others2 or 7ii7 if a covered juvenile does not sufficiently gain control as described in clause 7i71 not later than-- 7,i7 #c hours after being placed in room confinement1 in the case of a covered juvenile who poses a serious and immediate risk of physical harm to others2 or 7,,ii7 #cj minutes after being placed in room confinement1 in the case of a covered juvenile who poses a serious and immediate risk of physical harm only to himself or herself4 7,c7 ,risk of harm after maximum period of confinement ,if1 after the applicable maximum period of confinement under subclause 7,i7 or 7,,ii7 of subparagraph 7,b77ii7 has expired1 a covered juvenile continues to pose a serious and immediate risk of physical harm described in that subclause-- 7i7 the covered juvenile shall be transferred immediately to another juvenile facility or internal location where services can be provided to the covered juvenile without relying on room confinement2 or 7ii7 if a qualified mental health professional believes the level of crisis service needed is not currently available1 a staff member of the juvenile facility shall immediately transport the juvenile to-- 7,i7 an emergency medical facility2 or 7,,ii7 an equivalent location that can meet the needs of the covered juvenile4 7,d7 ,action before expiration of time limit ,nothing in subparagraph 7,c7 shall be construed to prohibit an action described in clause 7i7 or 7ii7 of that subparagraph from being taken before the applicable maximum period of confinement under subclause 7,i7 or 7,,ii7 of subparagraph 7,b77ii7 has expired4 7,e7 ,conditions ,a room used for room confinement for a juvenile shall-- 7i7 have not less than #hj square feet of floor space2 7ii7 have adequate lighting1 heating or cooling 7as applicable71 and ventilation for the comfort of the juvenile2 7iii7 be suicide-resistant and protrusion-free2 and 7iv7 have access to clean potable water1 toilet facilities1 and hygiene supplies4 7,f7 ,notice 7i7 ,use of room confinement ,not later than #a business day after the date on which a juvenile facility places a covered juvenile in room confinement1 the juvenile facility shall provide notice to the attorney of record for the juvenile4 7ii7 ,transfer ,not later than #bd hours after a covered juvenile is transferred from a juvenile facility to another location1 the juvenile facility shall provide notice to-- 7,i7 the attorney of record for the juvenile2 and 7,,ii7 an authorized parent or guardian of the juvenile4 7,g7 ,spirit and purpose ,the use of consecutive periods of room confinement to evade the spirit and purpose of this subsection shall be prohibited4 7c7 ,study and report ,not later than #b years after the date of enactment of this section1 and each year thereafter1 the ,attorney ,general shall submit to ,congress a report that-- 7#a7 contains a detailed description of the type of physical force1 restraints1 and room confinement used at juvenile facilities2 7#b7 describes the number of instances in which physical force1 restraints1 or room confinement are used at juvenile facilities1 disaggregated by race1 ethnicity1 and gender2 and 7#c7 contains a detailed description of steps taken1 in each instance in which room confinement is used at a juvenile facility1 to address and remedy the underlying issue that led to behavioral intervention resulting in the use of room confinement1 including any positive or negative outcomes4 4 7b7 ,technical and conforming amendment ,the table of sections for chapter #djc of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #ejdc4 ,juvenile solitary confinement4 4 ,o ,dignity for ,incarcerated ,women #aaeja4 ,short title ,this subtitle may be cited as the ,dignity for ,incarcerated ,women ,act of #bjbj or the ,dignity ,act4 #aaejb4 ,improving the treatment of primary caretaker parents and other individuals in federal prisons 7a7 ,in general ,chapter #cjc of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #djea4 ,treatment of primary caretaker parents and other individuals 7a7 ,definitions ,in this section-- 7#a7 the term correctional officer means a correctional officer of the ,bureau of ,prisons2 7#b7 the term covered institution means a ,federal penal or correctional institution2 7#c7 the term ,director means the ,director of the ,bureau of ,prisons2 7#d7 the term post-partum recovery has the meaning given the term postpartum recovery in section #dcbb2 7#e7 the term primary caretaker parent has the meaning given the term in section #caijc of the ,family ,unity ,demonstration ,project ,act 7#cd ,u4,s4,c4 #abbdb72 7#f7 the term prisoner means an individual who is incarcerated in a covered institution1 including a vulnerable person2 and 7#g7 the term vulnerable person means an individual who-- 7,a7 is under #ba years of age or over #fj years of age2 7,b7 is pregnant2 7,c7 identifies as lesbian1 gay1 bisexual1 transgender1 or intersex2 7,d7 is victim of or witness to a crime2 7,e7 has filed a nonfrivolous civil rights claim in ,federal or ,state court2 7,f7 has a serious mental or physical illness or disability2 or 7,g7 during the period of incarceration1 has been determined to have experienced or to be experiencing severe trauma or to be the victim of gender-based violence-- 7i7 by any court or administrative judicial proceeding2 7ii7 by any corrections official2 7iii7 by the individual's attorney or legal service provider2 or 7iv7 by the individual4 7b7 ,visitation rules ,the ,director shall promulgate regulations for visitation between prisoners who are primary caretaker parents and their family members under which-- 7#a7 a prisoner may receive visits not fewer than #f days per week1 which shall include ,saturday and ,sunday2 7#b7 a ,federal penal or correctional institution shall be open for visitation for not fewer than #h hours per day2 7#c7 a prisoner may have up to #e adult visitors and an unlimited number of child visitors per visit2 and 7#d7 a prisoner may have physical contact with visitors unless the prisoner presents an immediate physical danger to the visitors4 7c7 ,prohibition on placement of pregnant prisoners or prisoners in post-,partum recovery in segregated housing units 7#a7 ,placement in segregated housing units ,a covered institution may not place a prisoner who is pregnant or in post-partum recovery in a segregated housing unit unless the prisoner presents an immediate risk of harm to the prisoner or others4 7#b7 ,restrictions ,any placement of a prisoner described in subparagraph 7,a7 in a segregated housing unit shall be limited and temporary4 7d7 ,parenting classes ,the ,director shall provide parenting classes to each prisoner who is a primary caretaker parent4 7e7 ,trauma screening ,the ,director shall provide training to each correctional officer and each employee of the ,bureau of ,prisons who regularly interacts with prisoners1 including each instructor and health care professional1 to enable those correctional officers and employees to-- 7#a7 identify a prisoner who has a mental or physical health need relating to trauma the prisoner has experienced2 and 7#b7 refer a prisoner described in paragraph 7#a7 to the proper healthcare professional for treatment4 7f7 ,ombudsman ,the ,attorney ,general shall designate an ombudsman to oversee and monitor1 with respect to ,federal penal and correctional institutions-- 7#a7 prisoner transportation2 7#b7 use of segregated housing2 7#c7 strip searches of prisoners2 and 7#d7 civil rights violations4 7g7 ,telecommunications 7#a7 ,in general ,the ,director-- 7,a7 may not charge a fee for a telephone call made by a prisoner2 and 7,b7 shall make videoconferencing available to prisoners in each ,federal penal or correctional institution free of charge4 7#b7 ,rule of construction ,nothing in paragraph 7#a77;,b7 shall be construed to authorize the ,director to use videoconferencing as a substitute for in-person visits4 7h7 ,inmate health 7#a7 ,health care access ,the ,director shall ensure that all prisoners receive adequate health care4 7#b7 ,healthcare products 7,a7 ,availability ,the ,director shall make the healthcare products described in subparagraph 7,c7 available to prisoners for free1 in a quantity that is appropriate to the healthcare needs of each prisoner4 7,b7 ,quality of products ,the ,director shall ensure that the healthcare products provided under this paragraph conform with applicable industry standards4 7,c7 ,products ,the healthcare products described in this subparagraph are-- 7i7 tampons2 7ii7 sanitary napkins2 7iii7 moisturizing soap1 which may not be lye-based2 7iv7 shampoo2 7v7 body lotion2 7vi7 ,vaseline2 7vii7 toothpaste2 7viii7 toothbrushes2 7ix7 aspirin2 7x7 ibuprofen2 and 7xi7 any other healthcare product that the ,director determines appropriate4 7#c7 ,gynecologist access ,the ,director shall ensure that all prisoners have access to a gynecologist as appropriate4 7i7 ,use of sex-,appropriate correctional officers 7#a7 ,regulations ,the ,director shall make rules under which-- 7,a7 a correctional officer may not conduct a strip search of a prisoner of the opposite sex unless-- 7i7 the prisoner presents a risk of immediate harm to the prisoner or others1 and no other correctional officer of the same sex as the prisoner1 or medical staff1 is available to assist2 or 7ii7 the prisoner has previously requested that an officer of a different sex conduct searches2 7,b7 a correctional officer may not enter a restroom reserved for prisoners of the opposite sex unless-- 7i7 a prisoner in the restroom presents a risk of immediate harm to the prisoner or others2 or 7ii7 there is a medical emergency in the restroom and no other correctional officer of the appropriate sex is available to assist2 7,c7 a transgender prisoner's sex shall be determined according to the sex with which the prisoner identifies2 and 7,d7 a correctional officer may not search or physically examine a prisoner for the sole purpose of determining the prisoner's genital status or sex4 7#b7 ,relation to other laws ,nothing in paragraph 7#a7 shall be construed to affect the requirements under the ,prison ,rape ,elimination ,act of #bjjc 7#cd ,u4,s4,c4 #cjcja et seq474 4 7b7 ,substance abuse treatment ,section #cfba7;e7 of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7#g7 ,eligibility of primary caretaker parents and pregnant women ,the ,director of the ,bureau of ,prisons may not prohibit an eligible prisoner who is a primary caretaker parent 7as defined in section #djea7 or pregnant from participating in a program of residential substance abuse treatment provided under paragraph 7#a7 on the basis of a failure by the eligible prisoner1 before being committed to the custody of the ,bureau of ,prisons1 to disclose to any official of the ,bureau of ,prisons that the eligible prisoner had a substance abuse problem on or before the date on which the eligible prisoner was committed to the custody of the ,bureau of ,prisons4 4 7c7 ,implementation report ,not later than #a year after the date of enactment of this ,act1 the ,director of the ,bureau of ,prisons shall submit to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives a report on the implementation of this section and the amendments made by this section4 7d7 ,technical and conforming amendments 7#a7 ,table of sections ,the table of sections for chapter #cjc of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #djea4 ,treatment of primary caretaker parents and other individuals4 4 7#b7 ,healthcare products ,section #faa of the ,first ,step ,act of #bjah 7,public ,law #aae-cia2 #acb ,stat4 #eaid7 is repealed4 #aaejc4 ,overnight visit pilot program 7a7 ,definitions ,in this section-- 7#a7 the term ,director means the ,director of the ,bureau of ,prisons2 7#b7 the term primary caretaker parent has the meaning given the term in section #caijc of the ,family ,united ,demonstration ,project ,act 7#cd ,u4,s4,c4 #abbdb72 and 7#c7 the term prisoner means an individual who is incarcerated in a ,federal penal or correctional institution4 7b7 ,pilot program ,the ,director shall carry out a pilot program under which prisoners who are primary caretaker parents and meet eligibility criteria established by the ,director may receive overnight visits from family members4 7c7 ,eligibility criteria ,in establishing eligibility criteria for the pilot program under subsection 7b71 the ,director shall-- 7#a7 require that a prisoner have displayed good behavior2 and 7#b7 prohibit participation by any prisoner who has been convicted of a crime of violence 7as defined in section #af of title #ah1 ,united ,states ,code74 ,p ,beyond the ,box for ,higher ,education #aafja4 ,short title ,this subtitle may be cited as the ,beyond the ,box for ,higher ,education ,act of #bjbj4 #aafjb4 ,findings ,congress finds the following3 7#a7 ,an estimated #gj1jjj1jjj ,americans have some type of arrest or conviction record that would appear in a criminal background check4 7#b7 ,each year1 more than #fjj1jjj people return to society from ,state or ,federal prison4 7#c7 ,nearly #aa1jjj1jjj ,americans are admitted to city and county jails each year1 with an average daily population of more than #gjj1jjj people4 7#d7 ,an estimated #b1ajj1jjj youth under the age of #ah are arrested every year in the ,united ,states4 7#e7 #a1gjj1jjj juvenile delinquency cases are disposed of in juvenile courts annually4 7#f7 ,juvenile records are not always confidential2 many ,states disclose information about youth involvement with the juvenile justice system or do not have procedures to seal or expunge juvenile records4 7#g7 ,the compounding effects of collateral consequences due to criminal justice involvement hinder the ability of individuals to reenter society successfully4 7#h7 ,people of color and low-income people are disproportionately impacted by the collateral consequences of criminal justice involvement4 7#i7 ,incarceration leads to decreased earnings1 unemployment1 and poverty4 7#aj7 ,upon reentry1 lower educational attainment1 a lack of work skills or history1 and the stigma of a criminal record can hinder a formerly incarcerated person's ability to return to their communities successfully4 7#aa7 ,one way to improve reentry outcomes is to increase educational opportunities for people with a criminal or juvenile justice history4 7#ab7 ,by reducing rearrests and reconvictions1 and by increasing educational attainment1 formerly incarcerated individuals are better situated to find stable employment1 contributing to their communities4 #aafjc4 ,beyond the box for higher education ,part ,b of title ,i of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajaa et seq47 is amended by adding at the end the following3 #abd4 ,beyond the box for higher education 7a7 ,training and technical assistance 7#a7 ,in general ,the ,secretary1 acting through the ,office of ,policy1 ,planning1 and ,innovation of the ,office of ,postsecondary ,education of the ,department and with consultation from the ,department of ,justice and relevant community stakeholders1 shall issue guidance and recommendations for institutions of higher education to remove criminal and juvenile justice questions from their application for admissions process4 7#b7 ,guidance and recommendations ,the guidance and recommendations issued under paragraph 7#a7 shall include the following3 7,a7 ,if an institution of higher education collects criminal or juvenile justice information on applicants for admission1 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 application4 7,b7 ,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 process1 it is recommended that the institution comply with the following3 7i7 ,if criminal or juvenile justice questions are necessary for the other aspects of the institution's interactions with applicants1 identify those specific interactions in which it is appropriate to ask such questions4 7ii7 ,in nonadmissions interactions1 inquire about criminal or juvenile justice history transparently and clearly inform applicants as early as possible how to respond to the inquiry4 7iii7 ,in nonadmissions inquiries about criminal or juvenile justice history1 ensure the questions are specific and narrowly focused1 and make it clear that answering the questions may not negatively impact applicants' chances of enrollment4 7iv7 ,in nonadmissions inquiries about criminal or juvenile justice history1 give applicants the opportunity to explain criminal or juvenile justice involvement and preparedness for postsecondary study4 7v7 ,provide staff of the institution who have access to a prospective or current student's criminal or juvenile justice history1 the necessary and proper training on the effective use of criminal or juvenile justice history data1 including the problems associated with this information1 the types of supporting documents that may need to be obtained1 and the appropriate privacy protections that must be put in place4 7,c7 ,if an institution of higher education determines that it is necessary to inquire about the criminal or juvenile justice history of applicants for admission1 it is recommended that the institution comply with the following3 7i7 ,delay the request for1 or consideration of1 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 institution4 7ii7 ,provide notice and justification for applicants within #cj days if1 upon receiving information regarding applicants' criminal or juvenile justice involvement1 the admission to the institution is denied or rescinded based solely on the applicant's criminal or juvenile justice involvement4 7iii7 ,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 inquiry4 7iv7 ,ensure the questions are specific and narrowly focused4 7v7 ,give applicants the opportunity to explain criminal or juvenile justice involvement and preparedness for postsecondary study4 7vi7 ,provide admissions personnel1 registrars1 and any other relevant staff of the institution1 as well as any other staff that should have access to a prospective or current student's criminal or juvenile justice history1 the necessary and proper training on the effective use of criminal or juvenile justice history data1 including the biases or limitations associated with this information1 the types of supporting documents that may need to be obtained1 and the appropriate privacy protections that must be put in place4 7#c7 ,training and technical assistance 7,a7 ,in general ,the ,secretary1 acting through the ,office of ,postsecondary ,education of the ,department1 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 7#b74 7,b7 ,training ,the training described in subparagraph 7,a7 shall include-- 7i7 training for admissions and financial aid personnel and enrollment management staff of an institution of higher education to understand and evaluate an applicant if-- 7,i7 the institution makes a determination under paragraph 7#b77;,a7 to continue asking criminal or juvenile justice history questions in the admissions process2 or 7,,ii7 the institution makes a determination under paragraph 7#b77;,a7 to remove criminal or juvenile justice history questions in the admissions process1 but continues to make criminal or juvenile justice history inquiries in nonadmissions settings2 7ii7 training to ensure that if an institution does not ask criminal or juvenile justice history questions1 that proxy questions or factors are not used in lieu of criminal or juvenile justice history information2 7iii7 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 individuals2 7iv7 training for registrars1 academic counselors1 student housing staff1 student life staff1 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 student2 and 7v7 training for career counselors to ensure that students with involvement in the criminal or juvenile justice system are provided with targeted career guidance1 made aware of potential barriers to employment or licensure1 and provided assistance to respond to these barriers4 7b7 ,resource center ,the ,secretary shall develop a resource center that will serve as the repository for-- 7#a7 best practices as institutions of higher education develop and implement practices aligned with the recommendations described in subsection 7a77#b7 to ensure the successful educational outcomes of students with criminal or juvenile justice histories2 and 7#b7 supplemental research on criminal and juvenile justice-involved individuals and postsecondary education4 4 #aafjd4 ,financial aid ,section #dhc7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajij7;a77 is amended by adding at the end the following3 7#ac7 ,restriction on question of conviction for possession or sale of illegal drugs ,notwithstanding any other provision of law1 the ,secretary shall not include on any form developed under this section1 a question about the conviction of an applicant for the possession or sale of illegal drugs4 4 ,q ,community ,reentry #aagja4 ,short title ,this subtitle may be cited as the ,community ,reentry ,act of #bjbj4 #aagjb4 ,findings ,congress finds as follows3 7#a7 ,researchers find that visitation from family and community members help mitigate recidivism rates among incarcerated individuals4 ,removing geographical barriers for inmates hoping to stay in touch with their families or members of their community may help lower recidivism rates4 ,these continued relationships alleviate the risk of challenges such as unemployment1 homelessness1 and debt upon release4 7#b7 ,in a study of inmates jailed close to home1 the ,vera ,institute of ,justice found that most participants rely on family support to stay off of drugs and maintain requirements of parole as well as care for children4 7#c7 ,according to the ,vera study1 more than #hj percent of jailed respondents rely on family for support and more than #gj percent rely on friends4 ,even while incarcerated1 inmates continue to rely heavily on their family and community outside of prison for basic needs and survival4 7#d7 ,family members report that distance is the greatest barrier to visiting incarcerated relatives while costs1 such as transportation1 follows4 ,by removing geographical and cost barriers1 family members of the incarcerated may have an opportunity to maintain a relationship with their incarcerated loved one4 7#e7 ,incarcerated persons should be afforded opportunities to change and heal4 ,strengthening relationships between inmates and the family and community members they have left behind will help decrease recidivism rates and heal fragmented familial and community relationships4 #aagjc4 ,prerelease custody ,section #cfbd7;c77#a7 of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 ,subject to the availability of appropriations and of bed space availability1 the ,director shall place a prisoner in a residential reentry center that is within #ej miles of the prisoner's previous or anticipated permanent legal address1 except when the prisoner waives his right to be placed in such a center for reasons such as-- 7,a7 safety of the prisoner or his family2 7,b7 physical or mental health2 or 7,c7 any other reason deemed to be acceptable by the ,director4 4 ,r ,community ,reentry ,act of #bjbj #aahja4 ,short title ,this subtitle may be cited as the ,community ,reentry ,act of #bjbj4 #aahjb4 ,findings ,congress finds as follows3 7#a7 ,researchers find that visitation from family and community members help mitigate recidivism rates among incarcerated individuals4 ,removing geographical barriers for inmates hoping to stay in touch with their families or members of their community may help lower recidivism rates4 ,these continued relationships alleviate the risk of challenges such as unemployment1 homelessness1 and debt upon release4 7#b7 ,in a study of inmates jailed close to home1 the ,vera ,institute of ,justice found that most participants rely on family support to stay off of drugs and maintain requirements of parole as well as care for children4 7#c7 ,according to the ,vera study1 more than #hj percent of jailed respondents rely on family for support and more than #gj percent rely on friends4 ,even while incarcerated1 inmates continue to rely heavily on their family and community outside of prison for basic needs and survival4 7#d7 ,family members report that distance is the greatest barrier to visiting incarcerated relatives while costs1 such as transportation1 follows4 ,by removing geographical and cost barriers1 family members of the incarcerated may have an opportunity to maintain a relationship with their incarcerated loved one4 7#e7 ,incarcerated persons should be afforded opportunities to change and heal4 ,strengthening relationships between inmates and the family and community members they have left behind will help decrease recidivism rates and heal fragmented familial and community relationships4 #aahjc4 ,prerelease custody ,section #cfbd7;c77#a7 of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 ,subject to the availability of appropriations and of bed space availability1 the ,director shall place a prisoner in a residential reentry center that is within #ej miles of the prisoner's previous or anticipated permanent legal address1 except when the prisoner waives his right to be placed in such a center for reasons such as-- 7,a7 safety of the prisoner or his family2 7,b7 physical or mental health2 or 7,c7 any other reason deemed to be acceptable by the ,director4 4 ,s ,dignity for ,detained ,immigrants #aaija4 ,short title ,this subtitle may be cited as the ,dignity for ,detained ,immigrants ,act of #bjbj4 #aaijb4 ,standards for ,,dhs detention facilities ,not later than one year after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall1 by rulemaking1 establish detention standards for each facility at which aliens in the custody of the ,department of ,homeland ,security are detained4 ,such standards shall provide1 at a minimum1 the level of protections for detainees described in the ,american ,bar ,association's ,civil ,immigration ,detention ,standards 7adopted in ,august #bjab1 and as amended in ,august #bjad74 ,on a biennial basis1 the ,secretary shall review and update such standards1 as appropriate4 #aaijc4 ,oversight and transparency for ,,dhs detention facilities 7a7 ,periodic inspections 7#a7 ,in general ,on a periodic basis1 and not less than annually1 the ,inspector ,general of the ,department of ,homeland ,security shall conduct an unannounced inspection of each facility at which aliens in the custody of the ,department of ,homeland ,security are detained in order to ensure that each such facility is in compliance with the standards under section #aaijb4 ,not later than #fj days after conducting an inspection under this subsection1 the ,inspector ,general shall make a report of such inspection publicly available on the website of the ,department of ,homeland ,security1 and submit such report to the ,secretary of ,homeland ,security4 7#b7 ,failure to comply with standards 7,a7 ,initial failure ,in the case that the ,inspector ,general determines that a facility has failed to comply with the standards under section #aaijb for the first time during any #b-year period1 and that such noncompliance constitutes a deficiency that threatens the health1 safety1 or the due process rights of detainees1 the ,inspector ,general shall notify the ,secretary of ,homeland ,security of such finding1 and the ,secretary shall-- 7i7 in the case of a facility that is not owned by the ,department of ,homeland ,security1 impose a meaningful fine of not less than #aj percent of the value of the contract with the facility2 and 7ii7 in the case of a facility that is owned by the ,department of ,homeland ,security-- 7,i7 issue a written warning to the facility not later than #cj days after receiving such notification from the ,inspector ,general1 which shall include remedial measures to be carried out not later than #fj days after the issuance of the warning2 and 7,,ii7 not later than #fj days after the issuance of the warning described in subclause 7,i71 certify to the ,inspector ,general that the remedial measures have been carried out4 7,b7 ,subsequent failures ,in the case that the ,inspector ,general determines that a facility has failed to comply with the standards under section #aaijb in two investigations under paragraph 7#a7 during any #b-year period1 and that such noncompliance constitutes a deficiency that threatens the health1 safety1 or the constitutional rights of detainees1 the ,inspector ,general shall notify the ,secretary of ,homeland ,security of such finding1 and the ,secretary shall-- 7i7 in the case of a facility that is not owned by the ,department of ,homeland ,security1 not later than #cj days after receiving such notification1 transfer each detainee to a facility that does so comply1 and terminate the contract with the owner of the facility2 and 7ii7 in the case of a facility that is owned by the ,department of ,homeland ,security1 not later than #fj days after receiving such notification1 transfer each detainee to a facility that does so comply1 and suspend the use of such facility until such time as the ,inspector ,general certifies to the ,secretary that the facility is in compliance with such standards1 and makes publicly available on the website of the ,department of ,homeland ,security information relating to the remedial measures taken4 7b7 ,notification of death in custody ,not later than #bd hours after the death of an alien in the custody of the ,department of ,homeland ,security1 the ,secretary of ,homeland ,security shall notify the ,committees on the ,judiciary of the ,house of ,representatives and of the ,senate1 the ,committee on ,homeland ,security of the ,house of ,representatives1 and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate of the death of such alien4 7c7 ,investigations on death in custody ,not later than #cj days after the death of an alien in the custody of the ,department of ,homeland ,security1 the ,secretary of ,homeland ,security shall conduct an investigation into that death1 which shall include a root cause analysis that identifies any changes to policies1 practices1 training curricula1 staffing1 or potential system-wide errors that could reduce the probability of such an event in the future4 ,not later than #fj days after such a death1 the ,secretary shall make a report describing the results of such investigation publicly available on the website of the ,department of ,homeland ,security4 ,the root cause analysis described in the previous sentence must include appropriately qualified personnel1 which1 at a minimum1 will consist of a medical professional qualified in any field germane to the death1 and shall be performed in accordance with professional medical standards for investigating sentinel events in medical care facilities1 including the ,sentinel ,event ,policy promulgated by ,the ,joint ,commission4 7d7 ,definition ,the term death of an alien in the custody of the ,department of ,homeland ,security means any death of an alien occurring while the alien is under the supervision of the ,department of ,homeland ,security1 regardless of the location of the death1 if the death may have resulted from a health problem1 which began1 existed during1 or was exacerbated during the detention of the alien4 7e7 ,report to ,congress ,on an annual basis1 the ,secretary of ,homeland ,security shall submit to the ,committees on the ,judiciary of the ,house of ,representatives and of the ,senate a report on the inspections and oversight of facilities at which aliens in the custody of the ,department of ,homeland ,security are detained4 ,such report shall include information relating to1 for the preceding year-- 7#a7 each detention facility which the ,inspector ,general found was not in compliance with the standards under section #aaijb pursuant to an investigation conducted under subsection 7a77#a72 7#b7 any remedial actions taken1 or that the ,secretary plans to take1 in order to comply with such standards2 and 7#c7 whether the remedial actions described in paragraph 7#b7 were successful in bringing the facility into compliance with such standards4 7f7 ,classification of documents for purposes of ,,foia ,the reports under subsections 7a7 and 7b71 and any contract between the ,department of ,homeland ,security and a private or public entity which provides for the use of a facility not owned by the ,department of ,homeland ,security to detain aliens in the custody of the ,department of ,homeland ,security1 are considered records for purposes of section #eeb of title #e1 ,united ,states ,code1 and do not qualify for the exception under subsection 7b77#d7 of such section4 7g7 ,facilities matrix ,on the first day of each month1 the ,secretary of ,homeland ,security shall ensure that there is publicly available on the website of the ,department of ,homeland ,security the following information relating to each facility at which aliens in the custody of the ,department of ,homeland ,security may be detained3 7#a7 ,the name and location of each facility4 7#b7 ,whether the facility houses adults1 children1 or both4 7#c7 ,as of the first day of the month1 the number of beds available in each facility1 disaggregated by gender4 7#d7 ,whether the facility is used to detain aliens for longer than #gb hours1 or for longer than #g days4 7#e7 ,the average number of aliens detained in the facility for the current year1 and for the preceding month1 disaggregated by gender and classification as a child or as an adult4 7#f7 ,whether the facility is in compliance with the standards under section #aaijb4 7#g7 ,in the case of a facility that is not owned by the ,department of ,homeland ,security1 the nature of the contract providing for the detention of aliens at that facility4 7#h7 ,the average1 median1 #beth quartile1 and #ejth quartile number of days that an alien has been detained at the facility during the preceding month4 7h7 ,online detainee locator system ,the ,secretary of ,homeland ,security shall ensure that the online detainee locator system maintained by the ,department of ,homeland ,security1 or any successor system1 is updated not later than #ab hours after an alien is taken into custody or released from custody by the ,department of ,homeland ,security1 transferred to1 or detained in1 a detention facility1 or removed from the ,united ,states4 7i7 ,information collected and maintained for aliens in ,,dhs custody ,the ,secretary of ,homeland ,security shall collect and maintain1 for each alien in the custody of the ,department of ,homeland ,security1 the following information3 7#a7 ,the gender and age of the alien4 7#b7 ,the date on which the alien was detained4 7#c7 ,the country of origin of the alien4 7#d7 ,whether the alien is considered a vulnerable person 7as such term is defined in section #bcf7;g7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf7;g77 or a primary caregiver4 7#e7 ,the provision of law under with the ,secretary is authorized to detain the alien4 7#f7 ,the location where the alien is detained4 7#g7 ,any transfer of the alien to another detention facility1 and the reason for such transfer4 7#h7 ,the status and basis of any removal proceedings4 7#i7 ,the initial custody determination made by ,immigration and ,customs ,enforcement1 and any review of that determination4 7#aj7 ,if applicable1 the date of the alien's release or removal1 and the reason for such release or removal4 7#aa7 ,whether the alien is subject to a final order of removal4 7#ab7 ,whether the alien was apprehended as part of a family unit4 7#ac7 ,whether the alien was separated from a family unit4 #aaijd4 ,cause of action 7a7 ,in general ,an individual who is detained in a facility that is required to comply with the standards described in section #aaijb1 and who is injured as a result of a violation of such standards1 may file a claim in the appropriate district court of the ,united ,states4 7b7 ,recovery ,in a civil action under this section1 the court may order injunctive relief and compensatory damages1 and may award the prevailing party reasonable attorney fees1 and costs4 #aaije4 ,,dhs detention facility construction and maintenance 7a7 ,restriction on construction of ,,dhs facilities ,not later than #ahj days before initiating1 or entering into a contract for1 the construction of a new facility or to expand an existing facility for the detention of aliens in the custody of the ,department of ,homeland ,security1 the ,secretary of ,homeland ,security shall submit to the ,committees on the ,judiciary of the ,house of ,representatives and of the ,senate1 the ,committee on ,homeland ,security of the ,house of ,representatives1 and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate a notification of the plan to construct or expand such facility1 including the location1 size1 and capacity of such facility1 the anticipated timeline and cost of constructing or expanding such facility1 and the intended population to be detained at such facility1 including the gender and ages of such population4 ,the ,secretary will make this information publicly available on the website of the ,department of ,homeland ,security4 7b7 ,phase-,out of private detention facilities and use of jails 7#a7 ,secure detention facilities ,beginning on the date of the enactment of this ,act1 the ,secretary of ,homeland ,security may not enter into or extend any contract or agreement with any public or private entity which owns or operates a detention facility for use of that facility to detain aliens in the custody of the ,department of ,homeland ,security1 and shall terminate any such contract not later than the date that is #c years after the date of the enactment of this ,act4 ,beginning on the date that is #c years after the date of the enactment of this ,act1 any facility at which aliens in the custody of the ,department of ,homeland ,security are detained shall be owned and operated by the ,department of ,homeland ,security4 7#b7 ,non-secure detention programs ,beginning on the date of the enactment of this ,act1 the ,secretary of ,homeland ,security may not enter into or extend any contract with any public or private for-profit entity which owns or operates a program or facility that provides for non-residential detention-related activities for aliens who are subject to monitoring by the ,department of ,homeland ,security1 and shall terminate any such contract not later than the date that is #c years after the date of the enactment of this ,act4 ,beginning on the date that is #c years after the date of the enactment of this ,act1 any such program or facility shall be owned and operated by a nonprofit organization or by the ,department of ,homeland ,security4 7#c7 ,publication of plan ,not later than #fj days after the date of the enactment of this ,act1 the ,secretary shall develop1 and make publicly available1 a plan and timeline for the implementation of this subsection4 #aaijf4 ,appearance of detained aliens for other legal matters ,the ,secretary of ,homeland ,security shall make rules to ensure that any alien who is detained in the custody of the ,department of ,homeland ,security1 who is required to appear in ,federal or ,state court 7including family court7 for another matter1 is transported by an officer or employee of the ,department of ,homeland ,security to such court proceeding4 #aaijg4 ,procedures for detaining aliens 7a7 ,probable cause and custody determination hearings ,section #bcf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf7 is amended-- 7#a7 by amending subsection 7a7 to read as follows3 7a7 ,arrest1 detention1 and release ,on a warrant issued by an immigration judge1 or pursuant to section #bhg7;a77#b71 the ,secretary of ,homeland ,security may arrest an alien1 and in accordance with this section1 detain the alien or release the alien on bond1 subject to conditions1 or recognizance1 pending a decision on whether the alien is to be removed from the ,united ,states4 2 7#b7 by striking subsections 7b71 7c71 7d71 and 7e72 7#c7 by adding at the end the following3 7b7 ,bond determination ,in the case that an immigration judge makes a determination to release an alien on bond under this section1 the immigration judge shall consider1 for purposes of setting the amount of the bond1 the alien's financial position and ability to pay the bond without imposing financial hardship on the alien1 and set bond at no amount greater than necessary to ensure the alien's appearance for removal proceedings4 7c7 ,custody determination 7#a7 ,initial determination ,not later than #dh hours after taking an alien into custody under the authority provided by this section or section #bce of this ,act1 or those subject to a reinstated order of removal pursuant to section #bda7;a77#e7 who have been found to have a credible or reasonable fear of return1 the ,secretary of ,homeland ,security shall make an initial custody determination with regard to that alien1 and provide that determination in writing to the alien4 ,if the ,secretary determines that the release of an alien will not reasonably ensure the appearance of the alien as required or will endanger the safety of any other person or the community1 the custody determination under this paragraph will impose the least restrictive conditions1 as described in paragraph 7#d74 7#b7 ,timing ,if an alien seeks to challenge the initial custody determination under paragraph 7#a71 the alien shall be provided with the opportunity for a hearing before an immigration judge to determine whether the alien should be detained1 which hearing shall occur not later than #gb hours after the initial custody determination4 7#c7 ,presumption of release ,in a hearing under this subsection1 there shall be a presumption that the alien should be released4 ,the ,secretary of ,homeland ,security shall have the duty of rebutting this presumption1 which may only be shown based on clear and convincing evidence1 including credible and individualized information1 that the use of alternatives to detention will not reasonably ensure the appearance of the alien at removal proceedings1 or that the alien is a threat to another person or the community4 ,the fact that an alien has a criminal charge pending against the alien may not be the sole factor to justify the continued detention of the alien4 7#d7 ,least restrictive conditions required ,if an immigration judge determines pursuant to a hearing under this section that the release of an alien will not reasonably ensure the appearance of the alien as required or will endanger the safety of any other person or the community1 the immigration judge shall order the least restrictive conditions1 or combination of conditions1 that the judge determines will reasonably ensure the appearance of the alien as required and the safety of any other person and the community1 which may include release on recognizance1 secured or unsecured release on bond1 or participation in a program described in subsection 7f74 ,any conditions assigned to an alien pursuant to this paragraph shall be reviewed by the immigration judge on a monthly basis4 7#e7 ,special rule for vulnerable persons and primary caregivers ,in the case that the alien who is the subject of a custody determination under this subsection is a vulnerable person or a primary caregiver1 the alien may not be detained unless the ,secretary of ,homeland ,security demonstrates1 in addition to the requirements under paragraph 7#c71 that it is unreasonable or not practicable to place the individual in a community-based supervision program4 7#f7 ,definitions ,in this subsection3 7,a7 ,material witness ,the term material witness means an individual who presents a declaration to an attorney investigating1 prosecuting1 or defending the workplace claim or from the presiding officer overseeing the workplace claim attesting that1 to the best of the declarant's knowledge and belief1 reasonable cause exists to believe that the testimony of the individual will be relevant to the outcome of the workplace claim4 7,b7 ,primary caregiver ,the term primary caregiver means a person who is established to be a caregiver1 parent1 or close relative caring for or traveling with a child4 7,c7 ,vulnerable person ,the term vulnerable person means an individual who-- 7i7 is under #ba years of age or over #fj years of age2 7ii7 is pregnant2 7iii7 identifies as lesbian1 gay1 bisexual1 transgender1 or intersex2 7iv7 is a victim or witness of a crime2 7v7 has filed a nonfrivolous civil rights claim in ,federal or ,state court2 7vi7 has filed1 or is a material witness to1 a bonafide workplace claim2 7vii7 has a serious mental or physical illness or disability2 7viii7 has been determined by an asylum officer in an interview conducted under section #bce7;b77#a77;,b7 to have a credible fear of persecution or torture2 7ix7 has limited ,english language proficiency and is not provided access to appropriate and meaningful language services in a timely fashion2 or 7x7 has been determined by an immigration judge or the ,secretary of ,homeland ,security to be experiencing severe trauma or to be a survivor of torture or gender-based violence1 based on information obtained during intake1 from the alien's attorney or legal service provider1 or through credible self-reporting4 7,d7 ,workplace claim ,the term workplace claim means any written or oral claim1 charge1 complaint1 or grievance filed with1 communicated to1 or submitted to the employer1 a ,federal1 ,state1 or local agency or court1 or an employee representative related to the violation of applicable ,federal1 ,state1 and local labor laws1 including laws concerning wages and hours1 labor relations1 family and medical leave1 occupational health and safety1 civil rights1 or nondiscrimination4 7#g7 ,subsequent determinations ,an alien who is detained under this section shall be provided with a de novo custody determination hearing under this subsection every #fj days1 as well as upon showing of a change in circumstances or good cause for such a hearing4 7d7 ,release upon an order granting relief from removal ,in the case of an alien with respect to whom an immigration judge has entered an order providing for relief from removal1 including an order granting asylum1 or providing for withholding1 deferral1 or cancellation of removal1 which order is pending appeal1 the ,secretary of ,homeland ,security shall immediately release the alien upon entry of the order1 and may impose only reasonable conditions on the alien's release from custody4 7e7 ,prohibition on detention of children ,notwithstanding any other provision of this ,act1 the ,secretary of ,homeland ,security is prohibited from detaining anyone under the age of #ah in a facility operated or contracted by ,u4,s4 ,immigration and ,customs ,enforcement4 7f7 ,alternatives to detention 7#a7 ,in general ,the ,secretary of ,homeland ,security shall establish programs that provide alternatives to detaining aliens1 which shall offer a continuum of supervision mechanisms and options1 including community-based supervision programs and community support4 ,the ,secretary may contract with nongovernmental community-based organizations to provide programs1 which may include case management services1 appearance assistance services1 and screenings of aliens who have been detained4 7#b7 ,individualized determination required ,in determining whether to order an alien to participate in a program under this subsection1 the ,secretary1 or the immigration judge1 as appropriate shall make an individualized determination to determine the appropriate level of supervision for the alien4 ,participation in a program under this subsection may not be ordered for an alien for whom it is determined that release on reasonable bond or recognizance will reasonably ensure the appearance of the alien as required and the safety of any other person and the community4 7#c7 ,prohibition on fees for monitoring devices ,in a case in which an alien is required to wear an ankle monitor or other homing device as an alternative to detention1 the alien may not be charged any fee associated with such monitor or device that exceeds the cost of maintaining and operating such monitor or device4 2 and 7#d7 by striking ,attorney ,general each place such term appears and inserting ,secretary of ,homeland ,security4 7b7 ,probable cause hearing ,section #bhg7;a77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aceg7;a77#b77 is amended by striking but the alien arrested shall be taken without unnecessary delay for examination before an officer of the ,service having authority to examine aliens as to their right to enter or remain in the ,united ,states and inserting but the alien arrested shall be provided with a hearing before an immigration judge not later than #dh hours after being taken into custody to determine whether there is probable cause to believe that the alien does not have the right to enter or remain in the ,united ,states1 which burden to establish probable cause shall be on the ,secretary of ,homeland ,security4 7c7 ,mandatory detention repealed 7#a7 ,in general ,the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended-- 7,a7 in section #bce7;b7-- 7i7 in paragraph 7#a77;,b7-- 7,i7 in clause 7ii71 by striking detained and inserting referred2 and 7,,ii7 in clause 7iii71 by striking subclause 7,,iv72 and 7ii7 in paragraph 7#b77;,a71 by striking detained and inserting referred2 7,b7 by striking section #bcf;,a2 7,c7 in section #bch7;a77#b71 by striking pursuant to section #bcf7;c712 and 7,d7 in section #ejf7;a77#b7-- 7i7 by amending the heading to read as follows3 ,release hearing for aliens detained2 and 7ii7 in subparagraph 7,a7-- 7,i7 in the matter preceding clause 7i71 by striking lawfully admitted for permanent residence2 7,,ii7 by striking clause 7i72 and 7,,iii7 by redesignating clauses 7ii7 and 7iii7 as clauses 7i7 and 7ii71 respectively4 7#b7 ,conforming amendments ,section #bda7;c77#c77;,a77ii7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abca7;c77#c77;,a77ii77 is amended-- 7,a7 in subclause 7,i71 by striking the comma at the end and inserting 2 or2 7,b7 in subclause 7,,ii71 by striking 1 or and inserting a period2 and 7,c7 by striking subclause 7,,iii74 7d7 ,aliens ordered removed 7#a7 ,in general ,section #bda7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abca7;a77 is amended-- 7,a7 in paragraph 7#a71 by striking #ij days each place it appears and inserting #fj days2 7,b7 by amending paragraph 7#b7 to read as follows3 7#b7 ,initial custody redetermination hearing 7,a7 ,in general ,not later than #gb hours after the entry of a final administrative order of removal1 the alien ordered removed shall be provided with a custody redetermination hearing before an immigration judge4 7,b7 ,presumption of detention ,for purposes of the hearing under subparagraph 7,a71 the alien shall be detained during the removal period unless the alien can show by clear and convincing evidence that the alien's removal is not reasonably foreseeable or that the alien does not pose a risk to the safety of any individual or to the community4 2 7,c7 in paragraph 7#c7-- 7i7 in the heading1 by striking #ij-;day and inserting #fj-;day2 and 7ii7 in the matter preceding subparagraph 7,a71 by striking the alien1 pending removal1 shall be subject to supervision under and inserting the following3 except as provided in paragraph 7#f71 any alien who has been detained during the removal period shall be released from custody1 pending removal1 subject to individualized supervision requirements in accordance with2 7,d7 by amending paragraph 7#f7 to read as follows3 7#f7 ,subsequent custody redetermination hearings 7,a7 ,in general ,the ,secretary of ,homeland ,security may request a subsequent redetermination hearing before an immigration judge seeking continued detention for an alien ordered to be detained pursuant to paragraph 7#b7 who has not been removed within the removal period4 7,b7 ,standard ,an alien may only be detained after the removal period upon a showing by the ,secretary of ,homeland ,security that-- 7i7 the alien's removal is reasonably foreseeable2 or 7ii7 the alien poses a risk to the safety of an individual or the community1 which may only be established based on credible and individualized information and may not be established based only the fact that the alien has been charged with or is suspected of a crime4 7,c7 ,period of detention ,an alien may not be detained pursuant to an order under this paragraph for longer than a #fj-;day period4 ,the ,secretary of ,homeland ,security may seek subsequent redetermination hearings under this paragraph in order to continue detaining an alien beyond each such #fj-;day period4 2 and 7,e7 by striking paragraph 7#g74 7#b7 ,technical and conforming amendments ,the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended-- 7,a7 in section #bch 7#h ,u4,s4,c4 #abbh7-- 7i7 in subsection 7a77#a71 in the first sentence-- 7,i7 by striking section #bda7;a77#b77;,a77iii7 and inserting section #bcg7;a77#b77;,a77iii72 7,,ii7 by striking section #bda7;a77#b77;,a77ii7 and inserting section #bcg7;a77#b77;,a77ii72 and 7,,iii7 by striking section #bda7;a77#b77;,a77i7 and inserting #bcg7;a77#b77;,a77i72 and 7ii7 in the second subsection 7c7-- 7,i7 in paragraph 7#b77;,b71 by striking section #bda7;a77#b77;,a7 and inserting section #bcg7;a77#b77;,a72 and 7,,ii7 in paragraph 7#d71 by striking section #bda7;a7 and inserting section #bcg7;a72 7,b7 in section #bgf7;b77#d7 7#h ,u4,s4,c4 #acbf7;b77#d771 by striking section #bda7;a77#d77;,b7 and inserting section #bcg7;a77#d77;,b72 and 7,c7 in section #eja7a7 7#h ,u4,s4,c4 #aeca7a771 by striking section #bda7;a77#d77;,b7 and inserting section #bcg7;a77#d77;,b74 #aaijh4 ,sense of ,congress ,it is the sense of ,congress that detention1 even for a short period of time1 inflicts severe1 irreparable harm on children and should be avoided4 ,t ,solitary ,confinement ,study and ,reform #abjja4 ,short title ,this subtitle may be cited as the ,solitary ,confinement ,study and ,reform ,act of #bjbj4 #abjjb4 ,purposes ,the purposes of this subtitle are to-- 7#a7 develop and implement national standards for the use of solitary confinement to ensure that it is used infrequently and only under extreme circumstances2 7#b7 establish a more humane and constitutionally sound practice of segregated detention or solitary confinement in correctional facilities2 7#c7 accelerate the development of best practices and make reforming solitary confinement a top priority in each correctional facility at the ,federal and ,state levels2 7#d7 increase the available data and information on the incidence of solitary confinement1 consequently improving the management and administration of correctional facilities2 7#e7 standardize the definitions used for collecting data on the incidence of solitary confinement2 7#f7 increase the accountability of correctional facility officials who fail to design and implement humane and constitutionally sound solitary confinement practices2 7#g7 protect the ,eighth ,amendment rights of inmates at correctional facilities2 and 7#h7 reduce the costs that solitary confinement imposes on interstate commerce4 #abjjc4 ,national solitary confinement study and reform commission 7a7 ,establishment ,there is established a commission to be known as the ,national ,solitary ,confinement ,study and ,reform ,commission4 7b7 ,members 7#a7 ,in general ,the ,commission shall be composed of #i members1 of whom-- 7,a7 #c shall be appointed by the ,president2 7,b7 #b shall be appointed by the ,speaker of the ,house of ,representatives1 unless the ,speaker is of the same party as the ,president1 in which case #a shall be appointed by the ,speaker of the ,house of ,representatives and #a shall be appointed by the minority leader of the ,house of ,representatives2 7,c7 #a shall be appointed by the minority leader of the ,house of ,representatives 7in addition to any appointment made under subparagraph 7,b772 7,d7 #b shall be appointed by the majority leader of the ,senate1 unless the majority leader is of the same party as the ,president1 in which case #a shall be appointed by the majority leader of the ,senate and #a shall be appointed by the minority leader of the ,senate2 and 7,e7 #a shall be appointed by the minority leader of the ,senate 7in addition to any appointment made under subparagraph 7,d774 7#b7 ,persons eligible ,each member of the ,commission shall be an individual who has knowledge or expertise in matters to be studied by the ,commission4 7#c7 ,consultation required ,the ,president1 the ,speaker1 and the minority leader of the ,house of ,representatives1 and the majority leader and minority leader of the ,senate shall consult with one another prior to the appointment of the members of the ,commission to achieve1 to the maximum extent possible1 fair and equitable representation of various points of view with respect to the matters to be studied by the ,commission4 7#d7 ,term ,each member shall be appointed for the life of the ,commission4 7#e7 ,time for initial appointments ,the appointment of the members shall be made not later than #ahj days after the date of enactment of this ,act4 7#f7 ,vacancies ,a vacancy in the ,commission shall be filled in the manner in which the original appointment was made1 and shall be made not later than #fj days after the date on which the vacancy occurred4 7c7 ,operation 7#a7 ,chairperson ,not later than #ae days after appointments of all the members are made1 the ,president shall appoint a chairperson for the ,commission from among its members4 7#b7 ,meetings ,the ,commission shall meet at the call of the chairperson4 ,the initial meeting of the ,commission shall take place not later than #cj days after the initial appointment of the members is completed4 7#c7 ,quorum ,a majority of the members of the ,commission shall constitute a quorum to conduct business1 but the ,commission may establish a lesser quorum for conducting hearings scheduled by the ,commission4 7#d7 ,rules ,the ,commission may establish by majority vote any other rules for the conduct of ,commission business1 if such rules are not inconsistent with this subtitle or other applicable law4 7d7 ,comprehensive study of the impacts of solitary confinement 7#a7 ,in general ,the ,commission shall carry out a comprehensive legal and factual study of the penological1 physical1 mental1 medical1 social1 fiscal1 and economic impacts of solitary confinement in the ,united ,states on-- 7,a7 ,federal1 ,state1 and local governments2 and 7,b7 communities and social institutions generally1 including individuals1 families1 and businesses within such communities and social institutions4 7#b7 ,matters included ,the study under paragraph 7#a7 shall include-- 7,a7 a review of existing ,federal1 ,state1 and local government policies and practices with respect to the extent and duration of the use of solitary confinement2 7,b7 an assessment of the relationship between solitary confinement and correctional facility conditions1 and existing monitoring1 regulatory1 and enforcement practices2 7,c7 an assessment of the characteristics of prisoners and juvenile detainees most likely to be referred to solitary confinement and the effectiveness of various types of treatment or programs to reduce such likelihood2 7,d7 an assessment of the impacts of solitary confinement on individuals1 families1 social institutions1 and the economy generally2 7,e7 an identification of additional scientific and social science research needed on the prevalence of solitary confinement in correctional facilities as well as a full assessment of existing literature2 7,f7 an assessment of the general relationship between solitary confinement and mental illness2 7,g7 an assessment of the relationship between solitary confinement and levels of training1 supervision1 and discipline of the staff of correctional facilities2 and 7,h7 an assessment of existing ,federal and ,state systems for collecting and reporting the number and duration of solitary confinement incidents in correctional facilities nationwide4 7#c7 ,report 7,a7 ,distribution ,not later than two years after the date of the initial meeting of the ,commission1 the ,commission shall submit a report on the study carried out under this subsection to-- 7i7 the ,president2 7ii7 the ,congress2 7iii7 the ,attorney ,general of the ,united ,states2 7iv7 the ,secretary of ,health and ,human ,services2 7v7 the ,director of the ,federal ,bureau of ,prisons2 7vi7 the ,administrator of the ,office of ,juvenile ,justice and ,delinquency ,prevention2 7vii7 the chief executive of each ,state2 and 7viii7 the head of the department of corrections of each ,state4 7,b7 ,contents ,the report under subparagraph 7,a7 shall include-- 7i7 the findings and conclusions of the ,commission2 7ii7 the recommended national standards for reducing the use of solitary confinement described in subsection 7e72 and 7iii7 a summary of the materials relied on by the ,commission in the preparation of the report4 7e7 ,recommendations 7#a7 ,in general ,as part of the report submitted under subsection 7d77#c71 the ,commission shall provide the ,attorney ,general and the ,secretary of ,health and ,human ,services with recommended national standards for significantly reducing the use of solitary confinement in correctional facilities4 7#b7 ,matters included ,the information provided under paragraph 7#a7 shall include recommended national standards relating to-- 7,a7 how authorities can progress toward significantly limiting the utilization of solitary confinement so that a prisoner may be placed in solitary confinement only under extreme emergency circumstances1 as a last resort1 for as short a time as possible1 subject to independent review1 and pursuant to the authorization of a competent authority2 7,b7 methods that can be employed to ensure that the duration of solitary confinement of a prisoner at an institution can be limited to no more than #ae consecutive days in a #fj-;day period1 except that if the head of a correctional facility makes an individualized determination that the prisoner cannot be safely returned to the general population1 the head of the correctional facility may continue to segregate the prisoner from the general population without the use of solitary confinement and in accordance with the ,united ,nations ,standard ,minimum ,rules on the ,treatment of ,prisoners2 7,c7 ensuring that prior to being classified1 assigned1 or subject to long-term segregation1 a prisoner shall be entitled to a meaningful hearing on the reason for and duration of the confinement and have access to legal counsel for such hearings2 7,d7 ensuring that indefinite sentencing of a prisoner to long-term segregation will not be allowed and that the prisoner will be afforded a meaningful review of the segregation at least once every #cj days that the prisoner remains in segregation and that correctional facility officials must record and provide a transcript of the review proceedings for the prisoner under review to the prisoner or the prisoner's designee2 7,e7 ensuring that correctional facility officials design and implement programming that allows prisoners subject to long-term segregation to earn placement in less restrictive housing through positive behavior2 7,f7 ensuring that protective custody and other custody designations designed to protect vulnerable prisoners1 regardless of the reason for vulnerability1 are not characterized by solitary confinement or other type of isolation conditions1 and that prisoners placed in protective custody have access to programs1 privileges1 education1 and work opportunities commensurate with general population prisoners to the extent possible2 7,g7 ensuring that correctional facility officials improve access to mental health treatment for prisoners in solitary confinement2 7,h7 ensuring that correctional facility officials work toward systems wherein prisoners diagnosed by a qualified mental health professional with a serious mental illness are not held in long-term solitary confinement2 7,i7 ensuring that correctional facility officials do all that is feasible to make certain that prisoners are not held in solitary confinement for any duration2 7,j7 ensuring that correctional facility officials develop alternative methods to manage issues with prisoners other than solitary confinement2 7,k7 ensuring that correctional facility officers do all that is feasible to make certain that prisoners with mental health1 physical1 or cognitive disabilities are not held in solitary confinement for any duration2 7,l7 ensuring that correctional facility officers do all that is feasible to make certain that pregnant and post-partum women are not held in solitary confinement for any duration2 7,m7 ensuring that correctional facility officers work towards systems that limit the circumstances and conditions under which juveniles are placed in solitary confinement1 in compliance with section #ejdc of title #ah1 ,united ,states ,code2 and 7,n7 such other matters as may reasonably be related to the goal of reducing solitary confinement in correctional facilities4 7#c7 ,limitation ,the ,commission shall not propose a recommended standard that would impose substantial additional costs compared to the costs presently expended by correctional facilities1 and shall seek to propose standards that reduce the costs of incarceration at such facilities4 7f7 ,consultation with accreditation organizations ,in developing recommended national standards for the reduction of solitary confinement under subsection 7e71 the ,commission shall consider any standards that have already been developed1 or are being developed simultaneously to the deliberations of the ,commission4 ,the ,commission shall consult with accreditation organizations responsible for the accreditation of correctional facilities that have developed or are developing standards related to solitary confinement4 ,the ,commission shall also consult with national associations representing the corrections profession1 the legal profession1 the medical profession1 or any other pertinent professional body that has developed or is developing standards related to solitary confinement4 7g7 ,hearings 7#a7 ,in general ,the ,commission shall hold public hearings4 ,the ,commission may hold such hearings1 sit and act at such times and places1 take such testimony1 and receive such evidence as the ,commission considers advisable to carry out its duties under this section4 7#b7 ,witness expenses ,witnesses requested to appear before the ,commission shall be paid the same fees as are paid to witnesses under section #ahba of title #bh1 ,united ,states ,code4 ,the per diem and mileage allowances for witnesses shall be paid from funds appropriated to the ,commission4 7h7 ,information from ,federal or ,state agencies ,the ,commission may secure directly from any ,federal department or agency such information as the ,commission considers necessary to carry out its duties under this section4 ,the ,commission may request the head of any ,state or local department or agency to furnish such information to the ,commission4 7i7 ,personnel matters 7#a7 ,travel expenses ,the members of the ,commission shall be allowed travel expenses1 including per diem in lieu of subsistence1 at rates authorized for employees of agencies under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from their homes or regular places of business in the performance of service for the ,commission4 7#b7 ,detail of ,federal employees ,with the affirmative vote of #bc of the ,commission1 any ,federal ,government employee1 with the approval of the head of the appropriate ,federal agency1 may be detailed to the ,commission without reimbursement1 and such detail shall be without interruption or loss of civil service status1 benefits1 or privileges4 7#c7 ,procurement of temporary and intermittent services ,upon the request of the ,commission1 the ,attorney ,general shall provide reasonable and appropriate office space1 supplies1 and administrative assistance4 7j7 ,contracts for research 7#a7 ,national ,institute of ,justice ,with a #bc affirmative vote1 the ,commission may select nongovernmental researchers and experts to assist the ,commission in carrying out its duties under this subtitle4 ,the ,national ,institute of ,justice shall contract with the researchers and experts selected by the ,commission to provide funding in exchange for their services4 7#b7 ,other organizations ,nothing in this subsection shall be construed to limit the ability of the ,commission to enter into contracts with other entities or organizations for research necessary to carry out the duties of the ,commission under this section4 7k7 ,termination ,the ,commission shall terminate on the date that is #fj days after the date on which the ,commission submits the reports required by this section4 7l7 ,exemption ,the ,commission shall be exempt from the ,federal ,advisory ,committee ,act4 #abjjd4 ,adoption and effect of national standards 7a7 ,publication of standards 7#a7 ,final rule ,not later than two years after receiving the report specified in section #abjjc7;d77#c71 the ,attorney ,general shall publish a final rule adopting national standards for the reduction of solitary confinement in correctional facilities4 7#b7 ,independent judgment ,the standards referred to in paragraph 7#a7 shall be based upon the independent judgment of the ,attorney ,general1 after giving consideration to the recommended national standards provided by the ,commission under section #abjjc7;e71 and being informed by such data1 opinions1 and proposals that the ,attorney ,general determines to be appropriate to consider4 7#c7 ,limitation ,the ,attorney ,general shall not establish a national standard under this section that would impose substantial additional costs compared to the costs presently expended by ,federal and ,state correctional systems4 ,the ,attorney ,general may1 however1 provide a list of improvements for consideration by correctional facilities4 7#d7 ,transmission to ,states ,not later than #ij days after publishing the final rule under paragraph 7#a71 the ,attorney ,general shall transmit the national standards adopted under that paragraph to the chief executive of each ,state1 the head of the department of corrections of each ,state1 the head of the department of juvenile justice of each ,state1 and to the appropriate authorities in those units of local government who oversee operations in one or more correctional facilities4 7b7 ,applicability to ,federal ,bureau of ,prisons ,the national standards referred to in subsection 7a7 shall apply to the ,federal ,bureau of ,prisons immediately upon adoption of the final rule under subsection 7a77#a74 7c7 ,edward ,byrne ,memorial ,justice ,assistance ,grant ,program funding reduction ,beginning in the second fiscal year that begins after the date on which the ,attorney ,general issues the final rule under subsection 7a77#a71 in the case of a ,state or unit of local government that is not in compliance with the national standards described in subsection 7a77#a71 the ,attorney ,general shall reduce by #e percent the amount that such ,state or unit of local government would otherwise receive under subpart #a of part ,e of the ,omnibus ,crime and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaea et seq474 #abjje4 ,definitions ,for purposes of this subtitle1 the following definitions shall apply3 7#a7 ,attorney ,general ,the term ,attorney ,general means the ,attorney ,general of the ,united ,states4 7#b7 ,commission ,the term ,commission means the ,national ,solitary ,confinement ,study and ,reform ,commission established under section #abjjc of this subtitle4 7#c7 ,long-term ,the term long-term means any period lasting more than #ae consecutive days in a #fj-;day period4 7#d7 ,qualified mental health professional ,the term qualified mental health professional means a psychiatrist1 psychologist1 psychiatric social worker1 licensed professional counselor1 psychiatric nurse1 or another individual who1 by virtue of education1 credentials1 and experience1 is permitted by law to evaluate and provide mental health care4 7#e7 ,serious mental illness ,the term serious mental illness means a substantial disorder that-- 7,a7 significantly impairs judgment1 behavior1 or capacity to recognize reality or cope with the ordinary demands of life2 and 7,b7 is manifested by substantial pain or disability1 the status of being actively suicidal1 a severe cognitive disorder that results in significant functional impairment1 or a severe personality disorder that results in significant functional impairment4 7#f7 ,solitary confinement ,the term solitary confinement means confinement of a prisoner or juvenile detainee in a cell or other place1 alone or with other persons1 for approximately #bb hours or more per day with severely restricted activity1 movement1 and social interaction1 which is separate from the general population of that correctional facility4 7#g7 ,segregation ,the term segregation means housing of a prisoner separate from the general population of a correctional facility in which movement1 activity1 and social interaction may be restricted4 7#h7 ,correctional facility ,the term correctional facility means a ,federal1 ,state1 local1 or privately run prison1 jail1 or juvenile detention facility4 ,u ,fair ,chance to ,compete for ,jobs #abaja4 ,short title ,this subtitle may be cited as the ,fair ,chance to ,compete for ,jobs ,act of #bjbj or the ,fair ,chance ,act4 #abajb4 ,prohibition on criminal history inquiries prior to conditional offer for ,federal employment 7a7 ,in general ,subpart ,h of part ,,iii of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 #ib ,prohibition on criminal history inquiries prior to conditional offer ,sec4 #ibja4 ,definitions4 #ibjb4 ,limitations on requests for criminal history record information4 #ibjc4 ,agency policies2 complaint procedures4 #ibjd4 ,adverse action4 #ibje4 ,procedures4 #ibjf4 ,rules of construction4 #ibja4 ,definitions ,in this chapter-- 7#a7 the term agency means ,executive agency as such term is defined in section #aje and includes-- 7,a7 the ,united ,states ,postal ,service and the ,postal ,regulatory ,commission2 and 7,b7 the ,executive ,office of the ,president2 7#b7 the term appointing authority means an employee in the executive branch of the ,government of the ,united ,states that has authority to make appointments to positions in the civil service2 7#c7 the term conditional offer means an offer of employment in a position in the civil service that is conditioned upon the results of a criminal history inquiry2 7#d7 the term criminal history record information-- 7,a7 except as provided in subparagraphs 7,b7 and 7,c71 has the meaning given the term in section #iaja7;a72 7,b7 includes any information described in the first sentence of section #iaja7;a77#b7 that has been sealed or expunged pursuant to law2 and 7,c7 includes information collected by a criminal justice agency1 relating to an act or alleged act of juvenile delinquency1 that is analogous to criminal history record information 7including such information that has been sealed or expunged pursuant to law72 and 7#e7 the term suspension has the meaning given the term in section #geja4 #ibjb4 ,limitations on requests for criminal history record information 7a7 ,inquiries prior to conditional offer ,except as provided in subsections 7b7 and 7c71 an employee of an agency may not request1 in oral or written form 7including through the ,declaration for ,federal ,employment 7,office of ,personnel ,management ,optional ,form #cjf7 or any similar successor form1 the ,,usajobs internet website1 or any other electronic means7 that an applicant for an appointment to a position in the civil service disclose criminal history record information regarding the applicant before the appointing authority extends a conditional offer to the applicant4 7b7 ,otherwise required by law ,the prohibition under subsection 7a7 shall not apply with respect to an applicant for a position in the civil service if consideration of criminal history record information prior to a conditional offer with respect to the position is otherwise required by law4 7c7 ,exception for certain positions 7#a7 ,in general ,the prohibition under subsection 7a7 shall not apply with respect to an applicant for an appointment to a position-- 7,a7 that requires a determination of eligibility described in clause 7i71 7ii71 or 7iii7 of section #iaja7;b77#a77;,a72 7,b7 as a ,federal law enforcement officer 7as defined in section #aae7;c7 of title #ah72 or 7,c7 identified by the ,director of the ,office of ,personnel ,management in the regulations issued under paragraph 7#b74 7#b7 ,regulations 7,a7 ,issuance ,the ,director of the ,office of ,personnel ,management shall issue regulations identifying additional positions with respect to which the prohibition under subsection 7a7 shall not apply1 giving due consideration to positions that involve interaction with minors1 access to sensitive information1 or managing financial transactions4 7,b7 ,compliance with civil rights laws ,the regulations issued under subparagraph 7,a7 shall-- 7i7 be consistent with1 and in no way supersede1 restrict1 or limit the application of title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq47 or other relevant ,federal civil rights laws2 and 7ii7 ensure that all hiring activities conducted pursuant to the regulations are conducted in a manner consistent with relevant ,federal civil rights laws4 #ibjc4 ,agency policies2 complaint procedures ,the ,director of the ,office of ,personnel ,management shall-- 7#a7 develop1 implement1 and publish a policy to assist employees of agencies in complying with section #ibjb and the regulations issued pursuant to such section2 and 7#b7 establish and publish procedures under which an applicant for an appointment to a position in the civil service may submit a complaint1 or any other information1 relating to compliance by an employee of an agency with section #ibjb4 #ibjd4 ,adverse action 7a7 ,first violation ,if the ,director of the ,office of ,personnel ,management determines1 after notice and an opportunity for a hearing on the record1 that an employee of an agency has violated section #ibjb1 the ,director shall-- 7#a7 issue to the employee a written warning that includes a description of the violation and the additional penalties that may apply for subsequent violations2 and 7#b7 file such warning in the employee's official personnel record file4 7b7 ,subsequent violations ,if the ,director of the ,office of ,personnel ,management determines1 after notice and an opportunity for a hearing on the record1 that an employee that was subject to subsection 7a7 has committed a subsequent violation of section #ibjb1 the ,director may take the following action3 7#a7 ,for a second violation1 suspension of the employee for a period of not more than #g days4 7#b7 ,for a third violation1 suspension of the employee for a period of more than #g days4 7#c7 ,for a fourth violation-- 7,a7 suspension of the employee for a period of more than #g days2 and 7,b7 a civil penalty against the employee in an amount that is not more than #bej4 7#d7 ,for a fifth violation-- 7,a7 suspension of the employee for a period of more than #g days2 and 7,b7 a civil penalty against the employee in an amount that is not more than #ejj4 7#e7 ,for any subsequent violation-- 7,a7 suspension of the employee for a period of more than #g days2 and 7,b7 a civil penalty against the employee in an amount that is not more than #a1jjj4 #ibje4 ,procedures 7a7 ,appeals ,the ,director of the ,office of ,personnel ,management shall by rule establish procedures providing for an appeal from any adverse action taken under section #ibjd by not later than #cj days after the date of the action4 7b7 ,applicability of other laws ,an adverse action taken under section #ibjd 7including a determination in an appeal from such an action under subsection 7a7 of this section7 shall not be subject to-- 7#a7 the procedures under chapter #ge2 or 7#b7 except as provided in subsection 7a7 of this section1 appeal or judicial review4 #ibjf4 ,rules of construction ,nothing in this chapter may be construed to-- 7#a7 authorize any officer or employee of an agency to request the disclosure of information described under subparagraphs 7,b7 and 7,c7 of section #ibja7d72 or 7#b7 create a private right of action for any person4 4 7b7 ,regulations2 effective date 7#a7 ,regulations ,not later than #a year after the date of enactment of this ,act1 the ,director of the ,office of ,personnel ,management shall issue such regulations as are necessary to carry out chapter #ib of title #e1 ,united ,states ,code 7as added by this subtitle74 7#b7 ,effective date ,section #ibjb of title #e1 ,united ,states ,code 7as added by this subtitle71 shall take effect on the date that is #b years after the date of enactment of this ,act4 7c7 ,technical and conforming amendment ,the table of chapters for part ,,iii of title #e1 ,united ,states ,code1 is amended by inserting after the item relating to chapter #ia the following3 #ib4,prohibition on criminal history inquiries prior to conditional offer#ibja 4 7d7 ,application to ,legislative ,branch 7#a7 ,in general ,the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acja et seq47 is amended-- 7,a7 in section #ajb7;a7 7#b ,u4,s4,c4 #acjb7;a771 by adding at the end the following3 7#ab7 ,section #ibjb of title #e1 ,united ,states ,code4 2 7,b7 by redesignating section #bjg 7#b ,u4,s4,c4 #acag7 as section #bjh2 and 7,c7 by inserting after section #bjf 7#b ,u4,s4,c4 #acaf7 the following new section3 #bjg4 ,rights and protections relating to criminal history inquiries 7a7 ,definitions ,in this section1 the terms agency1 criminal history record information1 and suspension have the meanings given the terms in section #ibja of title #e1 ,united ,states ,code1 except as otherwise modified by this section4 7b7 ,restrictions on criminal history inquiries 7#a7 ,in general 7,a7 ,in general ,except as provided in subparagraph 7,b71 an employee of an employing office may not request that an applicant for employment as a covered employee disclose criminal history record information if the request would be prohibited under section #ibjb of title #e1 ,united ,states ,code1 if made by an employee of an agency4 7,b7 ,conditional offer ,for purposes of applying that section #ibjb under subparagraph 7,a71 a reference in that section #ibjb to a conditional offer shall be considered to be an offer of employment as a covered employee that is conditioned upon the results of a criminal history inquiry4 7#b7 ,rules of construction ,the provisions of section #ibjf of title #e1 ,united ,states ,code1 shall apply to employing offices1 consistent with regulations issued under subsection 7d74 7c7 ,remedy 7#a7 ,in general ,the remedy for a violation of subsection 7b77#a7 shall be such remedy as would be appropriate if awarded under section #ibjd of title #e1 ,united ,states ,code1 if the violation had been committed by an employee of an agency1 consistent with regulations issued under subsection 7d71 except that the reference in that section to a suspension shall be considered to be a suspension with the level of compensation provided for a covered employee who is taking unpaid leave under section #bjb4 7#b7 ,process for obtaining relief ,an applicant for employment as a covered employee who alleges a violation of subsection 7b77#a7 may rely on the provisions of title ,,iv 7other than section #djg or #djh1 or a provision of this title that permits a person to obtain a civil action or judicial review71 consistent with regulations issued under subsection 7d74 7d7 ,regulations ,to implement section 7#a7 ,in general ,not later than #ah months after the date of enactment of the ,fair ,chance to ,compete for ,jobs ,act of #bjbj1 the ,board shall1 pursuant to section #cjd1 issue regulations to implement this section4 7#b7 ,parallel with agency regulations ,the regulations issued under paragraph 7#a7 shall be the same as substantive regulations issued by the ,director of the ,office of ,personnel ,management under section #b7;b77#a7 of the ,fair ,chance to ,compete for ,jobs ,act of #bjbj to implement the statutory provisions referred to in subsections 7a7 through 7c7 except to the extent that the ,board may determine1 for good cause shown and stated together with the regulation1 that a modification of such regulations would be more effective for the implementation of the rights and protections under this section4 7e7 ,effective ,date ,section #ajb7;a77#ab7 and subsections 7a7 through 7c7 shall take effect on the date on which section #ibjb of title #e1 ,united ,states ,code1 applies with respect to agencies4 4 7#b7 ,clerical amendments 7,a7 ,the table of contents in section #a7;b7 of the ,congressional ,accountability ,act of #aiie 7,public ,law #ajd-a2 #aji ,stat4 #c7 is amended-- 7i7 by redesignating the item relating to section #bjg as the item relating to section #bjh2 and 7ii7 by inserting after the item relating to section #bjf the following new item3 ,sec4 #bjg4 ,rights and protections relating to criminal history inquiries4 4 7,b7 ,section #fb7;e77#b7 of the ,internal ,revenue ,code of #aihf is amended by striking or #bjg and inserting #bjg1 or #bjh4 7e7 ,application to judicial branch 7#a7 ,in general ,section #fjd of title #bh1 ,united ,states ,code1 is amended by adding at the end the following3 7i7 ,restrictions on criminal history inquiries 7#a7 ,definitions ,in this subsection-- 7,a7 the terms agency and criminal history record information have the meanings given those terms in section #ibja of title #e2 7,b7 the term covered employee means an employee of the judicial branch of the ,united ,states ,government1 other than-- 7i7 any judge or justice who is entitled to hold office during good behavior2 7ii7 a ,united ,states magistrate judge2 or 7iii7 a bankruptcy judge2 and 7,c7 the term employing office means any office or entity of the judicial branch of the ,united ,states ,government that employs covered employees4 7#b7 ,restriction ,a covered employee may not request that an applicant for employment as a covered employee disclose criminal history record information if the request would be prohibited under section #ibjb of title #e if made by an employee of an agency4 7#c7 ,employing office policies2 complaint procedure ,the provisions of sections #ibjc and #ibjf of title #e shall apply to employing offices and to applicants for employment as covered employees1 consistent with regulations issued by the ,director to implement this subsection4 7#d7 ,adverse action 7,a7 ,adverse action ,the ,director may take such adverse action with respect to a covered employee who violates paragraph 7#b7 as would be appropriate under section #ibjd of title #e if the violation had been committed by an employee of an agency4 7,b7 ,appeals ,the ,director shall by rule establish procedures providing for an appeal from any adverse action taken under subparagraph 7,a7 by not later than #cj days after the date of the action4 7,c7 ,applicability of other laws ,except as provided in subparagraph 7,b71 an adverse action taken under subparagraph 7,a7 7including a determination in an appeal from such an action under subparagraph 7,b77 shall not be subject to appeal or judicial review4 7#e7 ,regulations to be issued 7,a7 ,in general ,not later than #ah months after the date of enactment of the ,fair ,chance to ,compete for ,jobs ,act of #bjbj1 the ,director shall issue regulations to implement this subsection4 7,b7 ,parallel with agency regulations ,the regulations issued under subparagraph 7,a7 shall be the same as substantive regulations promulgated by the ,director of the ,office of ,personnel ,management under section #b7;b77#a7 of the ,fair ,chance to ,compete for ,jobs ,act of #bjbj except to the extent that the ,director of the ,administrative ,office of the ,united ,states ,courts may determine1 for good cause shown and stated together with the regulation1 that a modification of such regulations would be more effective for the implementation of the rights and protections under this subsection4 7#f7 ,effective date ,paragraphs 7#a7 through 7#d7 shall take effect on the date on which section #ibjb of title #e applies with respect to agencies4 4 #abajc4 ,prohibition on criminal history inquiries by contractors prior to conditional offer 7a7 ,civilian agency contracts 7#a7 ,in general ,chapter #dg of title #da1 ,united ,states ,code1 is amended by adding at the end the following new section3 #dgad4 ,prohibition on criminal history inquiries by contractors prior to conditional offer 7a7 ,limitation on criminal history inquiries 7#a7 ,in general ,except as provided in paragraphs 7#b7 and 7#c71 an executive agency-- 7,a7 may not require that an individual or sole proprietor who submits a bid for a contract to disclose criminal history record information regarding that individual or sole proprietor before determining the apparent awardee2 and 7,b7 shall require1 as a condition of receiving a ,federal contract and receiving payments under such contract that the contractor may not verbally1 or through written form1 request the disclosure of criminal history record information regarding an applicant for a position related to work under such contract before the contractor extends a conditional offer to the applicant4 7#b7 ,otherwise required by law ,the prohibition under paragraph 7#a7 does not apply with respect to a contract if consideration of criminal history record information prior to a conditional offer with respect to the position is otherwise required by law4 7#c7 ,exception for certain positions 7,a7 ,in general ,the prohibition under paragraph 7#a7 does not apply with respect to-- 7i7 a contract that requires an individual hired under the contract to access classified information or to have sensitive law enforcement or national security duties2 or 7ii7 a position that the ,administrator of ,general ,services identifies under the regulations issued under subparagraph 7,b74 7,b7 ,regulations 7i7 ,issuance ,not later than #af months after the date of enactment of the ,fair ,chance to ,compete for ,jobs ,act of #bjbj1 the ,administrator of ,general ,services1 in consultation with the ,secretary of ,defense1 shall issue regulations identifying additional positions with respect to which the prohibition under paragraph 7#a7 shall not apply1 giving due consideration to positions that involve interaction with minors1 access to sensitive information1 or managing financial transactions4 7ii7 ,compliance with civil rights laws ,the regulations issued under clause 7i7 shall-- 7,i7 be consistent with1 and in no way supersede1 restrict1 or limit the application of title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq47 or other relevant ,federal civil rights laws2 and 7,,ii7 ensure that all hiring activities conducted pursuant to the regulations are conducted in a manner consistent with relevant ,federal civil rights laws4 7b7 ,complaint procedures ,the ,administrator of ,general ,services shall establish and publish procedures under which an applicant for a position with a ,federal contractor may submit to the ,administrator a complaint1 or any other information1 relating to compliance by the contractor with subsection 7a77#a77;,b74 7c7 ,action for violations of prohibition on criminal history inquiries 7#a7 ,first violation ,if the head of an executive agency determines that a contractor has violated subsection 7a77#a77;,b71 such head shall-- 7,a7 notify the contractor2 7,b7 provide #cj days after such notification for the contractor to appeal the determination2 and 7,c7 issue a written warning to the contractor that includes a description of the violation and the additional remedies that may apply for subsequent violations4 7#b7 ,subsequent violation ,if the head of an executive agency determines that a contractor that was subject to paragraph 7#a7 has committed a subsequent violation of subsection 7a77#a77;,b71 such head shall notify the contractor1 shall provide #cj days after such notification for the contractor to appeal the determination1 and1 in consultation with the relevant ,federal agencies1 may take actions1 depending on the severity of the infraction and the contractor's history of violations1 including-- 7,a7 providing written guidance to the contractor that the contractor's eligibility for contracts requires compliance with this section2 7,b7 requiring that the contractor respond within #cj days affirming that the contractor is taking steps to comply with this section2 and 7,c7 suspending payment under the contract for which the applicant was being considered until the contractor demonstrates compliance with this section4 7d7 ,definitions ,in this section3 7#a7 ,conditional offer ,the term conditional offer means an offer of employment for a position related to work under a contract that is conditioned upon the results of a criminal history inquiry4 7#b7 ,criminal history record information ,the term criminal history record information has the meaning given that term in section #ibja of title #e4 4 7#b7 ,clerical amendment ,the table of sections for chapter #dg of title #da1 ,united ,states ,code1 is amended by adding at the end the following new item3 #dgad4 ,prohibition on criminal history inquiries by contractors prior to conditional offer4 4 7#c7 ,effective date ,section #dgad of title #da1 ,united ,states ,code1 as added by paragraph 7#a71 shall apply with respect to contracts awarded pursuant to solicitations issued after the effective date described in section #b7;b77#b7 of this subtitle4 7b7 ,defense contracts 7#a7 ,in general ,chapter #acg of title #aj1 ,united ,states ,code1 is amended by inserting after section #bcch the following new section3 #bcci4 ,prohibition on criminal history inquiries by contractors prior to conditional offer 7a7 ,limitation on criminal history inquiries 7#a7 ,in general ,except as provided in paragraphs 7#b7 and 7#c71 the head of an agency-- 7,a7 may not require that an individual or sole proprietor who submits a bid for a contract to disclose criminal history record information regarding that individual or sole proprietor before determining the apparent awardee2 and 7,b7 shall require as a condition of receiving a ,federal contract and receiving payments under such contract that the contractor may not verbally or through written form request the disclosure of criminal history record information regarding an applicant for a position related to work under such contract before such contractor extends a conditional offer to the applicant4 7#b7 ,otherwise required by law ,the prohibition under paragraph 7#a7 does not apply with respect to a contract if consideration of criminal history record information prior to a conditional offer with respect to the position is otherwise required by law4 7#c7 ,exception for certain positions 7,a7 ,in general ,the prohibition under paragraph 7#a7 does not apply with respect to-- 7i7 a contract that requires an individual hired under the contract to access classified information or to have sensitive law enforcement or national security duties2 or 7ii7 a position that the ,secretary of ,defense identifies under the regulations issued under subparagraph 7,b74 7,b7 ,regulations 7i7 ,issuance ,not later than #af months after the date of enactment of the ,fair ,chance to ,compete for ,jobs ,act of #bjbj1 the ,secretary of ,defense1 in consultation with the ,administrator of ,general ,services1 shall issue regulations identifying additional positions with respect to which the prohibition under paragraph 7#a7 shall not apply1 giving due consideration to positions that involve interaction with minors1 access to sensitive information1 or managing financial transactions4 7ii7 ,compliance with civil rights laws ,the regulations issued under clause 7i7 shall-- 7,i7 be consistent with1 and in no way supersede1 restrict1 or limit the application of title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq47 or other relevant ,federal civil rights laws2 and 7,,ii7 ensure that all hiring activities conducted pursuant to the regulations are conducted in a manner consistent with relevant ,federal civil rights laws4 7b7 ,complaint procedures ,the ,secretary of ,defense shall establish and publish procedures under which an applicant for a position with a ,department of ,defense contractor may submit a complaint1 or any other information1 relating to compliance by the contractor with subsection 7a77#a77;,b74 7c7 ,action for violations of prohibition on criminal history inquiries 7#a7 ,first violation ,if the ,secretary of ,defense determines that a contractor has violated subsection 7a77#a77;,b71 the ,secretary shall-- 7,a7 notify the contractor2 7,b7 provide #cj days after such notification for the contractor to appeal the determination2 and 7,c7 issue a written warning to the contractor that includes a description of the violation and the additional remedies that may apply for subsequent violations4 7#b7 ,subsequent violations ,if the ,secretary of ,defense determines that a contractor that was subject to paragraph 7#a7 has committed a subsequent violation of subsection 7a77#a77;,b71 the ,secretary shall notify the contractor1 shall provide #cj days after such notification for the contractor to appeal the determination1 and1 in consultation with the relevant ,federal agencies1 may take actions1 depending on the severity of the infraction and the contractor's history of violations1 including-- 7,a7 providing written guidance to the contractor that the contractor's eligibility for contracts requires compliance with this section2 7,b7 requiring that the contractor respond within #cj days affirming that the contractor is taking steps to comply with this section2 and 7,c7 suspending payment under the contract for which the applicant was being considered until the contractor demonstrates compliance with this section4 7d7 ,definitions ,in this section3 7#a7 ,conditional offer ,the term conditional offer means an offer of employment for a position related to work under a contract that is conditioned upon the results of a criminal history inquiry4 7#b7 ,criminal history record information ,the term criminal history record information has the meaning given that term in section #ibja of title #e4 4 7#b7 ,effective date ,section #bcci7;a7 of title #aj1 ,united ,states ,code1 as added by paragraph 7#a71 shall apply with respect to contracts awarded pursuant to solicitations issued after the effective date described in section #b7;b77#b7 of this subtitle4 7#c7 ,clerical amendment ,the table of sections for chapter #acg of title #aj1 ,united ,states ,code1 is amended by inserting after the item relating to section #bcch the following new item3 #bcci4 ,prohibition on criminal history inquiries by contractors prior to conditional offer4 4 7c7 ,revisions to ,federal ,acquisition ,regulation 7#a7 ,in general ,not later than #ah months after the date of enactment of this ,act1 the ,federal ,acquisition ,regulatory ,council shall revise the ,federal ,acquisition ,regulation to implement section #dgad of title #da1 ,united ,states ,code1 and section #bcci of title #aj1 ,united ,states ,code1 as added by this section4 7#b7 ,consistency with ,office of ,personnel ,management regulations ,the ,federal ,acquisition ,regulatory ,council shall revise the ,federal ,acquisition ,regulation under paragraph 7#a7 to be consistent with the regulations issued by the ,director of the ,office of ,personnel ,management under section #b7;b77#a7 to the maximum extent practicable4 ,the ,council shall include together with such revision an explanation of any substantive modification of the ,office of ,personnel ,management regulations1 including an explanation of how such modification will more effectively implement the rights and protections under this section4 #abajd4 ,report on employment of individuals formerly incarcerated in ,federal prisons 7a7 ,definition ,in this section1 the term covered individual-- 7#a7 means an individual who has completed a term of imprisonment in a ,federal prison for a ,federal criminal offense2 and 7#b7 does not include an alien who is or will be removed from the ,united ,states for a violation of the immigration laws 7as such term is defined in section #aja of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja774 7b7 ,study and report required ,the ,director of the ,bureau of ,justice ,statistics1 in coordination with the ,director of the ,bureau of the ,census1 shall-- 7#a7 not later than #ahj days after the date of enactment of this ,act1 design and initiate a study on the employment of covered individuals after their release from ,federal prison1 including by collecting-- 7,a7 demographic data on covered individuals1 including race1 age1 and sex2 and 7,b7 data on employment and earnings of covered individuals who are denied employment1 including the reasons for the denials2 and 7#b7 not later than #b years after the date of enactment of this ,act1 and every #e years thereafter1 submit a report that does not include any personally identifiable information on the study conducted under paragraph 7#a7 to-- 7,a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,b7 the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate2 7,c7 the ,committee on ,oversight and ,reform of the ,house of ,representatives2 and 7,d7 the ,committee on ,education and ,labor of the ,house of ,representatives4 #abaje4 ,determination of budgetary effects ,the budgetary effects of this subtitle1 for the purpose of complying with the ,statutory ,pay-,as-,you-,go ,act of #bjaj1 shall be determined by reference to the latest statement titled ,budgetary ,effects of ,,paygo ,legislation for this subtitle1 submitted for printing in the ,congressional ,record by the ,chairman of the ,house ,budget ,committee1 provided that such statement has been submitted prior to the vote on passage4 ,v ,renew ,act #abbja4 ,short title ,this subtitle may be cited as the ,renew ,act of #bjbj4 #abbjb4 ,lowering the age for expungement of certain convictions for simple possession of controlled substances by nonviolent young offenders ,section #cfjg7;c7 of title #ah1 ,united ,states ,code1 is amended by striking less than twenty-one and inserting less than twenty-five4 ,w ,correct the ,census ,count #abcja4 ,short title ,this subtitle may be cited as the ,correct the ,census ,count ,act4 #abcjb4 ,residence of incarcerated individuals ,section #ada of title #ac1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsection 7g7 as subsection 7h72 and 7#b7 by inserting after subsection 7f7 the following3 7g7 7#a7 ,effective beginning with the #bjcj decennial census of population1 in taking any tabulation of total population by ,states under subsection 7a7 or 7c71 the ,secretary shall1 with respect to an individual incarcerated in a ,state or ,federal correctional center as of the date on which such census is taken1 attribute such individual to such individual's last place of residence before incarceration4 7#b7 ,in carrying out this subsection1 the ,secretary shall consult with each ,state department of corrections and the ,bureau of ,prisons to collect the information necessary to make the determination required under paragraph 7#a74 4 ,x ,creating a ,respectful and ,open ,world for ,natural ,hair #abdja4 ,short title ,this subtitle may be cited as the ,creating a ,respectful and ,open ,world for ,natural ,hair ,act of #bjbj or the ,,crown ,act of #bjbj4 #abdjb4 ,findings2 sense of ,congress2 purpose 7a7 ,findings ,congress finds the following3 7#a7 ,throughout ,united ,states history1 society has used 7in conjunction with skin color7 hair texture and hairstyle to classify individuals on the basis of race4 7#b7 ,like one's skin color1 one's hair has served as a basis of race and national origin discrimination4 7#c7 ,racial and national origin discrimination can and do occur because of longstanding racial and national origin biases and stereotypes associated with hair texture and style4 7#d7 ,for example1 routinely1 people of ,african descent are deprived of educational and employment opportunities because they are adorned with natural or protective hairstyles in which hair is tightly coiled or tightly curled1 or worn in locs1 cornrows1 twists1 braids1 ,bantu knots1 or ,afros4 7#e7 ,racial and national origin discrimination is reflected in school and workplace policies and practices that bar natural or protective hairstyles commonly worn by people of ,african descent4 7#f7 ,for example1 as recently as #bjah1 the ,united ,states ,armed ,forces had grooming policies that barred natural or protective hairstyles that servicewomen of ,african descent commonly wear and that described these hairstyles as unkempt4 7#g7 ,in #bjah1 the ,united ,states ,armed ,forces rescinded these policies and recognized that this description perpetuated derogatory racial stereotypes4 7#h7 ,the ,united ,states ,armed ,forces also recognized that prohibitions against natural or protective hairstyles that ,african-,american servicewomen are commonly adorned with are racially discriminatory and bear no relationship to ,african-,american servicewomen's occupational qualifications and their ability to serve and protect the ,nation4 7#i7 ,as a type of racial or national origin discrimination1 discrimination on the basis of natural or protective hairstyles that people of ,african descent are commonly adorned with violates existing ,federal law1 including provisions of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq471 section #aigg of the ,revised ,statutes 7#db ,u4,s4,c4 #aiha71 and the ,fair ,housing ,act 7#db ,u4,s4,c4 #cfja et seq474 ,however1 some ,federal courts have misinterpreted ,federal civil rights law by narrowly interpreting the meaning of race or national origin1 and thereby permitting1 for example1 employers to discriminate against people of ,african descent who wear natural or protective hairstyles even though the employment policies involved are not related to workers' ability to perform their jobs4 7#aj7 ,applying this narrow interpretation of race or national origin has resulted in a lack of ,federal civil rights protection for individuals who are discriminated against on the basis of characteristics that are commonly associated with race and national origin4 7#aa7 ,in #bjai1 ,state legislatures and municipal bodies throughout the ,united ,states have introduced and passed legislation that rejects certain ,federal courts' restrictive interpretation of race and national origin1 and expressly classifies race and national origin discrimination as inclusive of discrimination on the basis of natural or protective hairstyles commonly associated with race and national origin4 7b7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 the ,federal ,government should acknowledge that individuals who have hair texture or wear a hairstyle that is historically and contemporarily associated with ,african ,americans or persons of ,african descent systematically suffer harmful discrimination in schools1 workplaces1 and other contexts based upon longstanding race and national origin stereotypes and biases2 7#b7 a clear and comprehensive law should address the systematic deprivation of educational1 employment1 and other opportunities on the basis of hair texture and hairstyle that are commonly associated with race or national origin2 7#c7 clear1 consistent1 and enforceable legal standards must be provided to redress the widespread incidences of race and national origin discrimination based upon hair texture and hairstyle in schools1 workplaces1 housing1 federally funded institutions1 and other contexts2 7#d7 it is necessary to prevent educational1 employment1 and other decisions1 practices1 and policies generated by or reflecting negative biases and stereotypes related to race or national origin2 7#e7 the ,federal ,government must play a key role in enforcing ,federal civil rights laws in a way that secures equal educational1 employment1 and other opportunities for all individuals regardless of their race or national origin2 7#f7 the ,federal ,government must play a central role in enforcing the standards established under this subtitle on behalf of individuals who suffer race or national origin discrimination based upon hair texture and hairstyle2 7#g7 it is necessary to prohibit and provide remedies for the harms suffered as a result of race or national origin discrimination on the basis of hair texture and hairstyle2 and 7#h7 it is necessary to mandate that school1 workplace1 and other applicable standards be applied in a nondiscriminatory manner and to explicitly prohibit the adoption or implementation of grooming requirements that disproportionately impact people of ,african descent4 7c7 ,purpose ,the purpose of this subtitle is to institute definitions of race and national origin for ,federal civil rights laws that effectuate the comprehensive scope of protection ,congress intended to be afforded by such laws and ,congress' objective to eliminate race and national origin discrimination in the ,united ,states4 #abdjc4 ,federally assisted programs 7a7 ,in general ,no individual in the ,united ,states shall be excluded from participation in1 be denied the benefits of1 or be subjected to discrimination under1 any program or activity receiving ,federal financial assistance1 based on the individual's hair texture or hairstyle1 if that hair texture or that hairstyle is commonly associated with a particular race or national origin 7including a hairstyle in which hair is tightly coiled or tightly curled1 locs1 cornrows1 twists1 braids1 ,bantu knots1 and ,afros74 7b7 ,enforcement ,subsection 7a7 shall be enforced in the same manner and by the same means1 including with the same jurisdiction1 as if such subsection was incorporated in title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq471 and as if a violation of subsection 7a7 was treated as if it was a violation of section #fja of such ,act 7#db ,u4,s4,c4 #bjjj;d74 7c7 ,definitions ,in this section-- 7#a7 the term program or activity has the meaning given the term in section #fjf of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d-#d;a72 and 7#b7 the terms race and national origin mean1 respectively1 race within the meaning of the term in section #fja of that ,act 7#db ,u4,s4,c4 #bjjj;d7 and national origin within the meaning of the term in that section #fja4 #abdjd4 ,housing programs 7a7 ,in general ,no person in the ,united ,states shall be subjected to a discriminatory housing practice based on the person's hair texture or hairstyle1 if that hair texture or that hairstyle is commonly associated with a particular race or national origin 7including a hairstyle in which hair is tightly coiled or tightly curled1 locs1 cornrows1 twists1 braids1 ,bantu knots1 and ,afros74 7b7 ,enforcement ,subsection 7a7 shall be enforced in the same manner and by the same means1 including with the same jurisdiction1 as if such subsection was incorporated in the ,fair ,housing ,act 7#db ,u4,s4,c4 #cfja et seq471 and as if a violation of subsection 7a7 was treated as if it was a discriminatory housing practice4 7c7 ,definition ,in this section-- 7#a7 the terms discriminatory housing practice and person have the meanings given the terms in section #hjb of the ,fair ,housing ,act 7#db ,u4,s4,c4 #cfjb72 and 7#b7 the terms race and national origin mean1 respectively1 race within the meaning of the term in section #hjd of that ,act 7#db ,u4,s4,c4 #cfjd7 and national origin within the meaning of the term in that section #hjd4 #abdje4 ,public accommodations 7a7 ,in general ,no person in the ,united ,states shall be subjected to a practice prohibited under section #bja1 #bjb1 or #bjc of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;a et seq471 based on the person's hair texture or hairstyle1 if that hair texture or that hairstyle is commonly associated with a particular race or national origin 7including a hairstyle in which hair is tightly coiled or tightly curled1 locs1 cornrows1 twists1 braids1 ,bantu knots1 and ,afros74 7b7 ,enforcement ,subsection 7a7 shall be enforced in the same manner and by the same means1 including with the same jurisdiction1 as if such subsection was incorporated in title ,,ii of the ,civil ,rights ,act of #aifd1 and as if a violation of subsection 7a7 was treated as if it was a violation of section #bja1 #bjb1 or #bjc1 as appropriate1 of such ,act4 7c7 ,definition ,in this section1 the terms race and national origin mean1 respectively1 race within the meaning of the term in section #bja of that ,act 7#db ,u4,s4,c4 #bjjj;e7 and national origin within the meaning of the term in that section #bja4 #abdjf4 ,employment 7a7 ,prohibition ,it shall be an unlawful employment practice for an employer1 employment agency1 labor organization1 or joint labor-management committee controlling apprenticeship or other training or retraining 7including on-the-job training programs7 to fail or refuse to hire or to discharge any individual1 or otherwise to discriminate against an individual1 based on the individual's hair texture or hairstyle1 if that hair texture or that hairstyle is commonly associated with a particular race or national origin 7including a hairstyle in which hair is tightly coiled or tightly curled1 locs1 cornrows1 twists1 braids1 ,bantu knots1 and ,afros74 7b7 ,enforcement ,subsection 7a7 shall be enforced in the same manner and by the same means1 including with the same jurisdiction1 as if such subsection was incorporated in title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq471 and as if a violation of subsection 7a7 was treated as if it was a violation of section #gjc or #gjd1 as appropriate1 of such ,act 7#db ,u4,s4,c4 #bjjj;e-#b1 #bjjj;e-#c74 7c7 ,definitions ,in this section the terms person1 race1 and national origin have the meanings given the terms in section #gja of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e74 #abdjg4 ,equal rights under the law 7a7 ,in general ,no person in the ,united ,states shall be subjected to a practice prohibited under section #aigg of the ,revised ,statutes 7#db ,u4,s4,c4 #aiha71 based on the person's hair texture or hairstyle1 if that hair texture or that hairstyle is commonly associated with a particular race or national origin 7including a hairstyle in which hair is tightly coiled or tightly curled1 locs1 cornrows1 twists1 braids1 ,bantu knots1 and ,afros74 7b7 ,enforcement ,subsection 7a7 shall be enforced in the same manner and by the same means1 including with the same jurisdiction1 as if such subsection was incorporated in section #aigg of the ,revised ,statutes1 and as if a violation of subsection 7a7 was treated as if it was a violation of that section #aigg4 #abdjh4 ,rule of construction ,nothing in this subtitle shall be construed to limit definitions of race or national origin under the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;a et seq471 the ,fair ,housing ,act 7#db ,u4,s4,c4 #cfja et seq471 or section #aigg of the ,revised ,statutes 7#db ,u4,s4,c4 #aiha74 #abdji4 ,effective date ,this subtitle shall take effect on ,august #i1 #bjbj4 ,y ,equal ,justice ,under ,law #abeja4 ,short title ,this subtitle may be cited as the ,equal ,justice ,under ,law ,act of #bjbj4 #abejb4 ,effective assistance of counsel 7a7 ,in general ,an indigent individual facing criminal prosecution or juvenile delinquency in a ,state court shall be entitled to the effective assistance of counsel1 as guaranteed by the ,sixth and ,fourteenth ,amendments to the ,constitution of the ,united ,states1 at the expense of the ,state4 7b7 ,delegation ,if a ,state delegates fiscal or administrative authority over the indigent defense function to a political subdivision of the ,state1 the ,state shall secure effective assistance of counsel for the individual4 7c7 ,ineffective assistance ,for purposes of this section1 the assistance of counsel is ineffective if the performance of counsel was not reasonable under prevailing professional norms4 #abejc4 ,remedy 7a7 ,class action authorized ,if a ,state official or one or more of a political subdivision of the ,state fails on a systemic basis to guarantee the right to the assistance of effective counsel as guaranteed by the ,sixth and ,fourteenth ,amendments to the ,constitution of the ,united ,states1 an individual aggrieved by a violation of section #abejb may commence a civil class action in an appropriate district court of the ,united ,states to seek declaratory1 injunctive1 or other equitable relief4 7b7 ,abstention doctrine ,a court entertaining a petition for relief filed under this subtitle need not apply the abstention doctrine established in ,younger v4 ,harris 7#dja ,u4,s4 #cg74 7c7 ,attorney's fees ,in any action or proceeding under this section1 the court1 in its discretion1 may allow the prevailing party1 other than a named official of a ,state or political subdivision of a ,state1 a reasonable attorney's fee as part of the costs4 ,in awarding an attorney's fee under this subsection1 the court1 in its discretion1 may include expert fees as part of the attorney's fee4 7d7 ,savings provision ,nothing in this section shall restrict any right that any individual has under any other statute or under common law to seek redress for a violation of the right to counsel4 #abejd4 ,edward ,byrne ,memorial ,justice ,assistance ,grant ,program ,section #eja7;b7 of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgea7;b77 is amended by inserting 1 in consultation with public defenders1 before may4 ,z ,ensuring ,successful ,reentry #abfja4 ,short title ,this subtitle may be cited as the ,ensuring ,successful ,reentry ,act of #bjbj4 #abfjb4 ,requirement that prisoners on work release pay part of their gross income over for housing ,section #cfbb7;c7 of title #ah1 ,united ,states ,code1 is amended by striking all that follows after 8facility if0 and inserting the following3 8the rates of pay and other conditions of employment will not be less than those paid or provided for work of a similar nature in the community404 ,,aa ,protecting ,domestic ,violence and ,stalking ,victims #abgja4 ,short title ,this subtitle may be cited as the ,protecting ,domestic ,violence and ,stalking ,victims ,act4 #abgjb4 ,definitions of intimate partner and misdemeanor crime of domestic violence expanded ,section #iba7;a7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#cb7-- 7,a7 by striking and an individual and inserting an individual2 and 7,b7 by inserting 1 or a dating partner 7as defined in section #bbff7 before the period at the end2 and 7#b7 in paragraph 7#cc77;,a7-- 7,a7 by striking ,except as provided in subparagraph 7,c71 the and inserting ,the2 7,b7 in clause 7i71 by inserting municipal1 after ,state12 and 7,c7 in clause 7ii7-- 7i7 by striking or by and inserting by2 and 7ii7 by inserting 1 or by a dating partner 7as defined in section #bbff7 of the victim before the period at the end4 #abgjc4 ,expansion of list of persons subject to a restraining or similar order to whom a firearm is prohibited from being sold or disposed ,section #ibb7;d77#h7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in the matter preceding subparagraph 7,a71 by striking that2 7#b7 by striking subparagraphs 7,a7 and 7,b7 and inserting the following3 7,a7 7i7 that was issued after a hearing of which such person received actual notice1 and at which such person had an opportunity to participate2 or 7ii7 in the case of an ex parte order1 relating to which notice and opportunity to be heard are provided-- 7,i7 within the time required by ,state1 tribal1 or territorial law2 and 7,,ii7 in any event within a reasonable time after the order is issued1 sufficient to protect the person's right to due process2 7,b7 that restrains such person from-- 7i7 harassing1 stalking1 threatening1 or engaging in other conduct that would put an individual in reasonable fear of bodily injury to such individual1 including an order that was issued at the request of an employer on behalf of its employee or at the request of an institution of higher education on behalf of its student2 or 7ii7 intimidating or dissuading a witness from testifying in court2 and 2 and 7#c7 in subparagraph 7,c7-- 7,a7 by striking intimate partner or child each place it appears and inserting individual described in subparagraph 7,b72 7,b7 in clause 7i71 by inserting that before includes2 and 7,c7 in clause 7ii71 by inserting that before by its4 #abgjd4 ,expansion of list of persons subject to a restraining or similar order prohibited from possessing or receiving a firearm ,section #ibb7;g77#h7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in the matter preceding subparagraph 7,a71 by striking that2 7#b7 by striking subparagraphs 7,a7 and 7,b7 and inserting the following3 7,a7 7i7 that was issued after a hearing of which such person received actual notice1 and at which such person had an opportunity to participate2 or 7ii7 in the case of an ex parte order1 relating to which notice and opportunity to be heard are provided-- 7,i7 within the time required by ,state1 tribal1 or territorial law2 and 7,,ii7 in any event within a reasonable time after the order is issued1 sufficient to protect the person's right to due process2 7,b7 that restrains such person from-- 7i7 harassing1 stalking1 threatening1 or engaging in other conduct that would put an individual in reasonable fear of bodily injury to such individual1 including an order that was issued at the request of an employer on behalf of its employee or at the request of an institution of higher education on behalf of its student2 or 7ii7 intimidating or dissuading a witness from testifying in court2 and 2 and 7#c7 in subparagraph 7,c7-- 7,a7 by striking intimate partner or child each place it appears and inserting individual described in subparagraph 7,b72 7,b7 in clause 7i71 by inserting that before includes2 and 7,c7 in clause 7ii71 by inserting that before by its4 #abgje4 ,stalking prohibitions 7a7 ,sales or other dispositions of firearms or ammunition ,section #ibb7;d7 of title #ah1 ,united ,states ,code1 as amended by section #abgjc of this subtitle1 is amended-- 7#a7 by striking or at the end of paragraph 7#h72 7#b7 by striking the period at the end of paragraph 7#i7 and inserting 2 or2 and 7#c7 by inserting after paragraph 7#i7 the following3 7#aj7 has been convicted in any court of-- 7,a7 a misdemeanor crime of stalking under ,federal1 ,state1 municipal1 territorial1 or tribal law2 or 7,b7 a crime that involves conduct which would be prohibited by section #bbfa;,a if committed within the special maritime and territorial jurisdiction of the ,united ,states4 4 7b7 ,possession1 etc41 of firearms or ammunition ,section #ibb7;g7 of such title1 as amended by section #abgjd of this subtitle1 is amended-- 7#a7 by striking or at the end of paragraph 7#h72 7#b7 by striking the comma at the end of paragraph 7#i7 and inserting 2 or2 and 7#c7 by inserting after paragraph 7#i7 the following3 7#aj7 has been convicted in any court of-- 7,a7 a misdemeanor crime of stalking under ,federal1 ,state1 municipal1 territorial1 or tribal law2 or 7,b7 a crime that involves conduct which would be prohibited by section #bbfa;,a if committed within the special maritime and territorial jurisdiction of the ,united ,states1 4 ,,bb ,gun ,violence ,research #abhja4 ,short title ,this subtitle may be cited as the ,national ,gun ,violence ,research ,act4 #abhjb4 ,findings ,congress makes the following findings3 7#a7 ,in the last #ej years1 more individuals in the ,united ,states have died from gunshots than in all wars in which the ,united ,states was a combatant1 combined4 7#b7 ,the rate of gun violence deaths in the ,united ,states is more than double that of other high-income nations4 7#c7 ,guns accounted for #gd percent of homicides and #ea percent of suicides in #bjaf1 totaling over #cg1jjj deaths in the ,united ,states4 7#d7 ,gun violence disproportionately affects racial minorities1 with ,african ,americans comprising nearly #fj percent of homicide victims and #bb percent of unintentional injury deaths in #bjaf4 7#e7 ,provisions in appropriations ,acts dating back to #aiif have had a chilling effect on ,federal funding for research on gun violence across the ,federal ,government and1 as a result1 research on gun violence is significantly underfunded relative to other leading causes of death4 7#f7 ,research examining the nature1 causes1 consequences1 and prevention of gun-related violence1 suicide1 and unintentional injury and death does not constitute advocacy in support of1 or opposition to1 gun control policies or regulations4 7#g7 ,more research and high-quality data relating to gun violence are needed to inform the development of effective strategies to reduce the incidence of gun-related injury and death4 #abhjc4 ,definitions ,in this subtitle3 7#a7 ,director ,the term ,director means the ,director of the ,office of ,science and ,technology ,policy4 7#b7 ,institution of higher education ,the term institution of higher education has the meaning given such term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 7#c7 ,program ,the term ,program means the ,national ,gun ,violence ,research ,program established under section #abhje4 #abhjd4 ,research and data restrictions repeal 7a7 ,gun trace data 7#a7 ,the matter under the heading ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives--,salaries and ,expenses in title ,i of division ,b of the ,consolidated and ,further ,continuing ,appropriations ,act1 #bjab 7#ah ,u4,s4,c4 #ibc note2 ,public ,law #aab-ee2 #abe ,stat4 #fji-faj7 is amended by striking the #fth proviso4 7#b7 ,the #fth proviso under the heading ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives--,salaries and ,expenses in title ,,ii of division ,b of the ,consolidated ,appropriations ,act1 #bjaj 7#ah ,u4,s4,c4 #ibc note2 ,public ,law #aaa-aag2 #abc ,stat4 #cabh-cabi7 is amended by striking beginning in fiscal year #bjaj and thereafter and inserting in fiscal year #bjaj4 7#c7 ,the #fth proviso under the heading ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives--,salaries and ,expenses in title ,,ii of division ,b of the ,omnibus ,appropriations ,act1 #bjji 7#ah ,u4,s4,c4 #ibc note2 ,public ,law #aaa-h2 #abc ,stat4 #egd-egf7 is amended by striking beginning in fiscal year #bjji and thereafter and inserting in fiscal year #bjji4 7#d7 ,the #fth proviso under the heading ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives--,salaries and ,expenses in title ,,ii of division ,b of the ,consolidated ,appropriations ,act1 #bjjh 7#ah ,u4,s4,c4 #ibc note2 ,public ,law #aaj-afa2 #aba ,stat4 #aijc-aijd7 is amended by striking beginning in fiscal year #bjjh and thereafter and inserting in fiscal year #bjjh4 7#e7 ,the #fth proviso under the heading ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives--,salaries and ,expenses in title ,i of the ,science1 ,state1 ,justice1 ,commerce1 and ,related ,agencies ,appropriations ,act1 #bjjf 7#ah ,u4,s4,c4 #ibc note2 ,public ,law #aji-ajh2 #aai ,stat4 #bbie-bbif7 is amended by striking with respect to any fiscal year4 7#f7 ,the #fth proviso under the heading in title ,i of division ,b of the ,consolidated ,appropriations ,act1 #bjje 7#ah ,u4,s4,c4 #ibc note2 ,public ,law #ajh-ddg2 #aah ,stat4 #bhei-bhfj7 is amended by striking with respect to any fiscal year4 7b7 ,department of ,health and ,human ,services ,notwithstanding any other provision of law1 funds made available to the ,department of ,health and ,human ,services1 including the ,centers for ,disease ,control and ,prevention and the ,national ,institutes of ,health1 may be used to conduct research with respect to gun violence4 #abhje4 ,research program 7a7 ,establishment ,the ,president1 acting through the ,director1 shall develop and implement a program to improve public health and safety through research on gun violence 7to be known as the ,national ,gun ,violence ,research ,program71 through activities carried out in collaboration with covered agencies that-- 7#a7 support gun violence research2 7#b7 accelerate the translation of gun violence research into effective policy interventions to reduce the incidence of injury and death related to guns2 7#c7 expand the number of researchers and students in the field of gun violence research2 and 7#d7 improve interagency planning and coordination of ,federal ,government activities relating to gun violence research4 7b7 ,program activities ,a covered agency1 in carrying out activities described in subsection 7a71 shall-- 7#a7 award grants to individual investigators and interdisciplinary teams of investigators for projects related to gun violence research2 7#b7 support projects funded under joint solicitations by a collaboration of no fewer than two covered agencies2 7#c7 establish interdisciplinary research centers that are organized to investigate basic research questions and inform policy decisions relating to gun violence2 7#d7 provide for the education and training of undergraduate students1 graduate students1 and postdoctoral scholars in gun violence research2 and 7#e7 promote the development of voluntary consensus gun safety technical standards4 7c7 ,interagency working group 7#a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,president1 acting through the ,national ,science and ,technology ,council1 shall establish an interagency working group on gun violence research4 7#b7 ,composition ,the working group established under this subsection shall be chaired by the ,director and include representatives from-- 7,a7 the ,national ,science ,foundation2 7,b7 the ,national ,institute of ,standards and ,technology2 7,c7 the ,national ,institutes of ,health2 7,d7 the ,centers for ,disease ,control and ,prevention2 7,e7 the ,national ,institute of ,justice2 and 7,f7 any other ,federal agency 7including an agency1 department1 or service thereof7 that the ,director considers appropriate4 7#c7 ,duties ,the ,working ,group shall-- 7,a7 oversee the planning1 management1 and coordination of the ,program2 7,b7 provide for coordination among covered agencies of ,federal gun violence research and other activities undertaken pursuant to the ,program2 7,c7 establish and periodically update goals and priorities for the ,program2 7,d7 develop1 not later than #ab months after the date of enactment of this ,act1 and update every #e years1 a strategic plan to guide the activities of the ,program to meet the goals and priorities established under subparagraph 7,c74 7d7 ,advisory committee 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,president1 acting through the ,director of the ,office of ,science and ,technology ,policy1 shall establish an advisory committee on gun violence research4 7#b7 ,composition ,the advisory committee established under paragraph 7#a7 shall be composed of not less than #ab members1 including representatives of research institutions1 institutions of higher education1 industry1 law enforcement1 and relevant nonprofit organizations who are qualified to provide advice on the ,program4 7#c7 ,duties ,the advisory committee established under subsection 7a7 shall assess-- 7,a7 the management1 coordination1 implementation1 and activities of the ,program2 7,b7 the balance of activities and funding across the ,program2 7,c7 whether the ,program priorities and goals developed by the working group established under subsection 7c77#c7 are helping to improve public health and safety2 and 7,d7 the need to revise the ,program4 7e7 ,covered agency defined ,in this section1 the term covered agency means-- 7#a7 the ,national ,science ,foundation2 7#b7 the ,national ,institute for ,standards and ,technology2 7#c7 the ,centers for ,disease ,control and ,prevention2 7#d7 the ,national ,institutes of ,health2 7#e7 the ,national ,institute of ,justice2 and 7#f7 such other ,federal agency as determined appropriate by the ,director of the ,office of ,science and ,technology ,policy4 7f7 ,authorization of appropriations ,there are authorized to be appropriated to the ,director to carry out this section #bjj1jjj for each of fiscal years #bjai through #bjbd4 #abhjf4 ,agency activities 7a7 ,national ,science ,foundation 7#a7 ,research ,the ,director of the ,national ,science ,foundation shall award grants1 on a competitive basis1 to institutions of higher education or nonprofit organizations 7or consortia of such institutions or organizations7-- 7,a7 to support multidisciplinary research to better understand the nature1 causes1 and consequences of violence1 including violence1 suicide1 unintended injury1 and death involving guns2 7,b7 to examine the effects of gun policy interventions on-- 7i7 rates of suicide1 homicide1 and unintended injury and death2 7ii7 individuals' ability to use guns for self-defense1 hunting1 and recreation2 and 7iii7 the gun industry2 and 7,c7 to educate and train researchers in the field of violence1 including gun violence1 research4 7#b7 ,national ,center for ,violence ,research ,the ,director of the ,national ,science ,foundation shall award grants on a competitive basis to institutions of higher education or nonprofit organizations 7or consortia of such institutions or organizations7 to establish one or more centers to conduct multidisciplinary research and education activities in support of the goals and priorities of the ,program 7to be known as ,national ,center for ,violence ,research74 7#c7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #ae1jjj1jjj for each of fiscal years #bjai through #bjbd4 7b7 ,national ,institute of ,standards and ,technology 7#a7 ,voluntary consensus standards ,the ,secretary of ,commerce1 acting through the ,director of the ,national ,institute of ,standards and ,technology1 shall establish a program to promote the development of voluntary consensus gun safety technical standards4 ,such effort shall include-- 7,a7 outreach1 coordination1 and technical support to relevant industry and nonindustry stakeholders and standards development organizations to assist such entities in the development of voluntary consensus gun safety technical standards2 7,b7 the conduct of research to support efforts to develop and improve such standards and conformity assessment2 and 7,c7 the development of such standard reference material as the ,director determines is necessary to further the development of such standards4 7#b7 ,prohibition on regulation ,nothing in this subtitle shall be construed as conferring upon the ,secretary of ,commerce any authority to establish or enforce mandatory gun safety standards4 7#c7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #a1jjj1jjj for each of fiscal years #bjai through #bjbd4 7c7 ,department of ,health and ,human ,services 7#a7 ,in general ,the ,secretary of ,health and ,human ,services1 acting through the ,director of the ,national ,institutes of ,health1 the ,director of the ,centers for ,disease ,control and ,prevention1 and other scientific agencies within the ,department of ,health and ,human ,services1 shall award grants on a competitive basis to conduct or support research into the nature1 causes1 consequences1 and prevention of gun violence4 7#b7 ,appropriations ,there is authorized to be appropriated to the ,secretary of ,health and ,human ,services to carry out this subsection #bj1jjj1jjj for each of fiscal years #bjai through #bjbd4 7d7 ,department of ,justice 7#a7 ,research ,the ,attorney ,general of the ,united ,states1 acting through the ,national ,institute of ,justice1 shall conduct or sponsor research into the nature1 causes1 consequences1 and prevention of gun violence4 7#b7 ,competition ,the ,attorney ,general of the ,united ,states1 acting through the ,national ,institute of ,justice1 shall sponsor an inducement prize competition under section #bd of the ,stevenson-,wydler ,technology ,innovation ,act of #aihj 7#ae ,u4,s4,c4 #cgai7 to demonstrate through testing and evaluation the reliability of guns and gun accessories with integrated advanced gun safety technology 7commonly referred to as smart guns1 user-authorized handguns1 childproof guns1 and personalized guns74 7#c7 ,trace data 7,a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,attorney ,general1 in collaboration with the ,secretary of the ,department of ,health and ,human ,services1 shall develop consensus protocols for granting researchers access to gun trace data while protecting the confidentiality of gun owners and dealers4 7,b7 ,data sharing ,not later than #a year after the date of enactment of this ,act1 the ,attorney ,general1 acting through the ,bureau of ,alcohol1 ,tobacco1 ,firearms1 and ,explosives1 shall commence sharing with researchers according to the protocols developed under subparagraph 7,a71 the contents of the ,firearms ,trace ,system database and information required to be kept by licensees pursuant to section #ibc7;g7 of title #ah1 ,united ,states ,code1 or required to be reported pursuant to paragraphs 7#c7 and 7#g7 of such section #ibc7;g74 7#d7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #c1jjj1jjj for each of fiscal years #bjai through #bjbd4 ,,cc ,stop ,online ,ammunition ,sales #abija4 ,short title ,this subtitle may be cited as the ,stop ,online ,ammunition ,sales ,act of #bjbj4 #abijb4 ,limitations on purchases of ammunition 7a7 ,licensing of ammunition dealers 7#a7 ,in general ,section #ibc7;a7 of title #ah1 ,united ,states ,code1 is amended in the matter preceding paragraph 7#a71 in the first sentence1 by striking 1 or importing or manufacturing and inserting or4 7#b7 ,conforming amendment ,section #iba7;a77#aa77;,a7 of title #ah1 ,united ,states ,code1 is amended by inserting or ammunition after firearms4 7b7 ,requirement for face-to-,face sales of and licensing ,to sell ammunition ,section #ibb of such title is amended-- 7#a7 in subsection 7a77#a7-- 7,a7 by striking for any person-- and all that follows through 7,a7 except and inserting 7,a7 for any person except2 and 7,b7 by striking subparagraph 7,b7 and inserting the following3 7,b7 for-- 7i7 any person except a licensed importer1 licensed manufacturer1 or licensed dealer1 to-- 7,i7 sell ammunition1 except that this subclause shall not apply to a sale of ammunition by a person to a licensed importer1 licensed manufacturer1 or licensed dealer2 or 7,,ii7 engage in the business of importing or manufacturing ammunition1 or in the course of such business1 to ship1 transport1 or receive any ammunition2 or 7ii7 a licensed importer1 licensed manufacturer1 or licensed dealer to transfer ammunition to a person unless the licensee1 in the physical presence of the person1 has verified the identity of the person by examining a valid identification document 7as defined in section #ajbh7;d7 of this title7 of the person containing a photograph of the person2 2 and 7#b7 in subsection 7b77#e71 by striking or armor-piercing4 7c7 ,limit on shipping and transporting of ammunition ,section #ibb7;a77#b7 of such title is amended-- 7#a7 in the matter preceding subparagraph 7,a71 by inserting 1 or to ship or transport any ammunition1 after any firearm2 and 7#b7 in subparagraph 7,b71 by inserting or ammunition after a firearm4 7d7 ,recordkeeping regarding ammunition 7#a7 ,in general ,section #ibc7;g7 of such title is amended-- 7,a7 in paragraph 7#a77;,a7-- 7i7 in the first sentence1 by inserting or ammunition after other disposition of firearms2 and 7ii7 in the third sentence1 by striking 1 or any licensed importer or manufacturer of ammunition1 and inserting 1 or any licensed importer1 manufacturer1 or dealer of ammunition12 and 7,b7 in paragraph 7#c71 by adding at the end the following3 7,c7 ,each licensee shall prepare a report of multiple sales or other dispositions whenever the licensee sells or otherwise disposes of1 at one time or during any #e consecutive business days1 more than #a1jjj rounds of ammunition to an unlicensed person4 ,the report shall be prepared on a form specified by the ,attorney ,general and forwarded to the office specified thereon and to the department of ,state police or ,state law enforcement agency of the ,state or local law enforcement agency of the local jurisdiction in which the sale or other disposition took place1 not later than the close of business on the day that the multiple sale or other disposition occurs4 4 7#b7 ,conforming amendment ,section #dahb7;d7 of the ,internal ,revenue ,code of #aihf is amended by inserting and except as provided in paragraph 7#a77;,a7 and 7#c77;,c7 of section #ibc7;g7 of such title1 before no person holding a ,federal license4 ,,dd ,safer ,neighborhoods ,gun ,buyback #acjja4 ,short title ,this subtitle may be cited as the ,safer ,neighborhoods ,gun ,buyback ,act of #bjbj4 #a ,gun buyback grant program #acjaa4 ,program authorized 7a7 ,in general ,the ,director of the ,bureau of ,justice ,assistance 7referred to in this part as the ,director7 may make grants to eligible entities to conduct gun buyback programs4 7b7 ,eligible entity defined ,in this part1 the term eligible entity means-- 7#a7 a ,state2 7#b7 a unit of local government2 or 7#c7 a gun dealer if neither the unit of local government nor the ,state where such dealer is located receives a grant under this part4 #acjab4 ,applications 7a7 ,grants ,the chief executive of an eligible entity seeking a grant under this part shall submit an application to the ,director at such time and containing such information as the ,director may reasonably require4 7b7 ,subgrants ,a gun dealer located in a unit of local government or ,state that does receive a grant under this part seeking a subgrant shall submit an application to the chief executive of such unit of local government or ,state at such time and containing such information as the chief executive may reasonably require1 including proof of such dealer's license under section #ibc of title #ah1 ,united ,states ,code4 #acjac4 ,term of grant 7a7 ,term ,the term of a grant awarded under this part shall be two years4 7b7 ,availability of grant funds 7#a7 ,states or units of local government ,a ,state or unit of local government that receives a grant under this part shall return to the ,director any remaining smart prepaid cards and any unused portion of such grant at the end of the two-year and #bgj-;day period beginning on the date that the grant was awarded4 7#b7 ,gun dealers ,a gun dealer that receives a grant or subgrant under this part shall return to the ,director any remaining smart prepaid cards and any unused portion of such grant or subgrant that was allocated to be used to buy back guns-- 7,a7 in the case of a gun dealer receiving a grant1 at the end of the two-year period beginning on the date that the grant was awarded2 or 7,b7 in the case of a gun dealer receiving a subgrant1 at the end of the two-year period beginning on the date that the grant was awarded to the ,state or unit of local government from which the gun dealer received a subgrant4 7c7 ,amounts returned ,the ,director shall return to the general fund of the ,treasury any amounts returned under subsection 7b74 #acjad4 ,smart prepaid cards 7a7 ,in general ,in conducting the grant program authorized under section #acjaa1 the ,director may reserve such funds as may be necessary to acquire and distribute smart prepaid cards to eligible entities that receive grants under this part4 ,the ,director shall distribute the smart prepaid cards without any funds loaded onto the cards4 7b7 ,market value of guns ,the ,director shall determine the market value of each gun that the ,director determines should be included in the gun buyback program and make such information publicly available4 7c7 ,prohibition on use of cards ,to buy guns 7#a7 ,in general ,a person may not use a smart prepaid card in the acquisition of a gun or ammunition1 and a person may not accept a smart prepaid card in the transfer 7including a loan7 of a gun or ammunition4 7#b7 ,penalty ,a person that violates paragraph 7#a7 shall pay to the ,director an amount that is equal to the value of the prohibited sale4 #acjae4 ,uses of funds 7a7 ,states and units of local government ,a ,state or unit of local government receiving a grant under this part shall use such funds to do the following3 7#a7 ,gun buyback program ,use such funds to-- 7,a7 conduct a gun buyback program2 or 7,b7 make subgrants to gun dealers in such ,state or unit of local government to conduct gun buyback programs1 and distribute the smart prepaid cards such ,state or unit of local government receives to gun dealers receiving subgrants4 7#b7 ,gun and ammunition recycling program ,use not more than #aj percent of such funds to recycle the guns and ammunition that such ,state or unit of local government collects or receives from gun dealers4 7#c7 ,administrative costs ,use not more than #ae percent of such funds for the administrative costs of carrying out the grant program under this part1 including the criminal database checks under subsection 7f74 7b7 ,gun dealers 7#a7 ,in general ,a gun dealer receiving a grant or subgrant under this part shall use such funds to conduct a gun buyback program4 7#b7 ,smart prepaid card amounts 7,a7 ,in order to purchase a gun through a gun buyback program1 a gun dealer shall load onto a smart prepaid card #abe percent of the market value of the gun that the individual wishes to dispose of 7as determined by the ,director under section #acjad7;b774 7,b7 ,a gun dealer may increase the purchase price of a gun and load an amount onto a smart prepaid card that is greater than #abe percent of the market value of the gun if the gun dealer determines that the gun has been altered in a way that would increase the market value of the gun 7such as an altered grip1 or the addition of a scope74 7#c7 ,guns received 7,a7 ,in the case of a gun dealer receiving a grant under this part1 the gun dealer shall deliver a gun or ammunition the dealer receives under the gun buyback program to the closest office of the ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives not later than #fj days after receiving such gun4 7,b7 ,in the case of a gun dealer receiving a subgrant under this part1 the gun dealer shall deliver a gun or ammunition the dealer receives under the gun buyback program to the ,state or unit of local government from which it receives the subgrant not later than #fj days after receiving such gun4 7c7 ,ammunition collection ,a ,state1 unit of local government1 or gun dealer conducting a gun buyback program under this part may accept ammunition from individuals wishing to dispose of it1 which shall be recycled in accordance with paragraph 7#c71 but may not use smart prepaid cards to purchase ammunition under the gun buyback program4 7d7 ,incentives for gun dealer participation ,to the extent that the ,director determines necessary to facilitate participation of gun dealers in the gun buyback program1 grant funds may be used to provide monetary or other incentives to gun dealers to participate in such program4 ,for purposes of subsection 7a71 any such incentives shall be treated as part of the subgrant to the gun dealer described in paragraph 7#a77;,b7 thereof4 7e7 ,resale of guns prohibited ,a ,state1 unit of local government1 or gun dealer conducting a gun buyback program under this part may not sell a gun or ammunition received under such program4 7f7 ,criminal database check ,a ,state1 unit of local government1 or office of the ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives that receives a gun under a gun buyback program under this part shall1 not later than #ba days after receiving the gun1 use any database accessible to the ,state1 unit of local government1 or office of the ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives1 as applicable1 in order to determine whether the gun was used in the commission of a crime4 ,if such a gun was used in the commission of a crime1 the gun shall be delivered to the appropriate prosecuting authority4 #acjaf4 ,definitions ,in this part3 7#a7 ,ammunition ,the term ammunition has the meaning given such term in section #iba7;a77#ag77;,a7 of title #ah1 ,united ,states ,code4 7#b7 ,gun ,the term gun means firearm as defined in section #iba7;a77#c7 of title #ah1 ,united ,states ,code4 7#c7 ,gun buyback program ,the term gun buyback program means a program under which a ,state1 a unit of local government1 or a gun dealer1 using smart prepaid cards as described in section #acjae7;b77#b71 purchases back from individuals wishing to dispose of them1 a gun identified by the ,director under section #acjad7;b74 7#d7 ,gun dealer ,the term gun dealer means a dealer of firearms licensed under section #ibc of title #ah1 ,united ,states ,code4 7#e7 ,smart prepaid card ,the term smart prepaid card means a card issued by the ,director that-- 7,a7 is redeemable at multiple1 unaffiliated merchants or service providers2 7,b7 contains a mechanism1 for the purpose of preventing the cardholder from using it to purchase a gun or ammunition1 that recognizes the merchant category code of a merchant and prohibits the use of such card at a place of business subject to a license to deal in firearms under section #ibc of title #ah1 ,united ,states ,code2 7,c7 is honored1 upon presentation1 by merchants solely for goods or services1 except for merchants described in subparagraph 7,b72 7,d7 is loaded on a prepaid basis by a ,state1 unit of local government1 or gun dealer for use in a gun buyback program2 7,e7 clearly and conspicuously bears the words ,,this ,,card ,,may ,,not ,,be ,,used ,,to ,,purchase ,a ,,gun ,,or ,,ammunition in capital and raised letters on the card2 and 7,f7 may not redeemed for coins or currency4 7#f7 ,state ,the term ,state means each of the #ej ,states1 the ,district of ,columbia1 or any commonwealth1 territory1 or possession of the ,united ,states4 #acjag4 ,authorization of appropriations ,there is authorized to be appropriated #cfj1jjj1jjj for each of fiscal years #bjah through #bjbj to carry out this part4 #b ,criminal provision #acjba4 ,use of smart prepaid card in the acquisition or transfer of a firearm 7a7 ,in general ,chapter #dd of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #icb4 ,use of smart prepaid card in the acquisition or transfer of a firearm ,whoever1 in or affecting interstate or foreign commerce1 uses a smart prepaid card 7as such term is defined in section #acjaf of the ,safer ,neighborhoods ,gun ,buyback ,act of #bjbj7 in connection with the acquisition of1 or accepts a smart prepaid card in connection with the transfer 7including a loan7 of a firearm or ammunition shall be fined under this title1 imprisoned for not more than #b years1 or both4 4 7b7 ,clerical amendments 7#a7 ,conforming amendment ,section #ibd7;a77#a7 of title #ah1 ,united ,states ,code1 is amended by inserting after section #ibi the following3 or section #icb4 7#b7 ,table of sections ,the table of sections at the beginning of chapter #dd of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #ica the following3 #icb4 ,use of smart prepaid card in the acquisition or transfer of a firearm4 4 ,,ee ,gun ,trafficking ,prohibition #acaja4 ,short title ,this subtitle may be cited as the ,gun ,trafficking ,prohibition ,act4 #acajb4 ,anti-straw purchasing and firearms trafficking amendments 7a7 ,in general ,chapter #dd of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #icb4 ,straw purchasing of firearms 7a7 ,for purposes of this section-- 7#a7 the term crime of violence has the meaning given that term in section #ibd7;c77#c72 7#b7 the term drug trafficking crime has the meaning given that term in section #ibd7;c77#b72 and 7#c7 the term purchases includes the receipt of any firearm by a person who does not own the firearm-- 7,a7 by way of pledge or pawn as security for the payment or repayment of money2 or 7,b7 on consignment4 7b7 ,it shall be unlawful for any person 7other than a licensed importer1 licensed manufacturer1 licensed collector1 or licensed dealer7 to knowingly purchase1 or attempt or conspire to purchase1 any firearm in or otherwise affecting interstate or foreign commerce-- 7#a7 from a licensed importer1 licensed manufacturer1 licensed collector1 or licensed dealer for1 on behalf of1 or at the request or demand of any other person1 known or unknown2 or 7#b7 from any person who is not a licensed importer1 licensed manufacturer1 licensed collector1 or licensed dealer for1 on behalf of1 or at the request or demand of any other person1 known or unknown1 knowing or having reasonable cause to believe that such other person-- 7,a7 is under indictment for1 or has been convicted in any court of1 a crime punishable by imprisonment for a term exceeding #a year2 7,b7 is a fugitive from justice2 7,c7 is an unlawful user of or addicted to any controlled substance 7as defined in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb772 7,d7 has been adjudicated as a mental defective or has been committed to any mental institution2 7,e7 is an alien who-- 7i7 is illegally or unlawfully in the ,united ,states2 or 7ii7 except as provided in section #ibb7y77#b71 has been admitted to the ,united ,states under a nonimmigrant visa 7as that term is defined in section #aja7;a77#bf7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bf7772 7,f7 has been discharged from the ,armed ,forces under dishonorable conditions2 7,g7 having been a citizen of the ,united ,states1 has renounced his or her citizenship2 7,h7 is subject to a court order that restrains such person from harassing1 stalking1 or threatening an intimate partner of such person or child of such intimate partner or person1 or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child1 except that this subparagraph shall only apply to a court order that-- 7i7 was issued after a hearing of which such person received actual notice1 and at which such person had the opportunity to participate2 and 7ii7 7,i7 includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child2 or 7,,ii7 by its terms explicitly prohibits the use1 attempted use1 or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury2 7,i7 has been convicted in any court of a misdemeanor crime of domestic violence2 7,j7 intends to-- 7i7 use1 carry1 possess1 or sell or otherwise dispose of the firearm or ammunition in furtherance of a crime of violence or drug trafficking crime2 or 7ii7 export the firearm or ammunition in violation of law2 7,k7 who does not reside in any ,state2 or 7,l7 intends to sell or otherwise dispose of the firearm or ammunition to a person described in any of subparagraphs 7,a7 through 7,k74 7c7 7#a7 ,except as provided in paragraph 7#b71 any person who violates subsection 7b7 shall be fined under this title1 imprisoned for not more than #ae years1 or both4 7#b7 ,if a violation of subsection 7b7 is committed knowing or with reasonable cause to believe that any firearm involved will be used to commit a crime of violence1 the person shall be sentenced to a term of imprisonment of not more than #be years4 7d7 ,subsection 7b77#a7 shall not apply to any firearm that is lawfully purchased by a person-- 7#a7 to be given as a bona fide gift to a recipient who provided no service or tangible thing of value to acquire the firearm1 unless the person knows or has reasonable cause to believe such recipient is prohibited by ,federal law from possessing1 receiving1 selling1 shipping1 transporting1 transferring1 or otherwise disposing of the firearm2 or 7#b7 to be given to a bona fide winner of an organized raffle1 contest1 or auction conducted in accordance with law and sponsored by a national1 ,state1 or local organization or association1 unless the person knows or has reasonable cause to believe such recipient is prohibited by ,federal law from possessing1 purchasing1 receiving1 selling1 shipping1 transporting1 transferring1 or otherwise disposing of the firearm4 #icc4 ,trafficking in firearms 7a7 ,it shall be unlawful for any person to-- 7#a7 ship1 transport1 transfer1 cause to be transported1 or otherwise dispose of #b or more firearms to another person in or otherwise affecting interstate or foreign commerce1 if the transferor knows or has reasonable cause to believe that the use1 carrying1 or possession of a firearm by the transferee would be in violation of1 or would result in a violation of1 any ,federal law punishable by a term of imprisonment exceeding #a year2 7#b7 receive from another person #b or more firearms in or otherwise affecting interstate or foreign commerce1 if the recipient knows or has reasonable cause to believe that such receipt would be in violation of1 or would result in a violation of1 any ,federal law punishable by a term of imprisonment exceeding #a year2 or 7#c7 attempt or conspire to commit the conduct described in paragraph 7#a7 or 7#b74 7b7 7#a7 ,except as provided in paragraph 7#b71 any person who violates subsection 7a7 shall be fined under this title1 imprisoned for not more than #ae years1 or both4 7#b7 ,if a violation of subsection 7a7 is committed by a person in concert with #e or more other persons with respect to whom such person occupies a position of organizer1 leader1 supervisor1 or manager1 the person shall be sentenced to a term of imprisonment of not more than #be years4 #icd4 ,forfeiture and fines 7a7 7#a7 ,any person convicted of a violation of section #icb or #icc shall forfeit to the ,united ,states1 irrespective of any provision of ,state law-- 7,a7 any property constituting1 or derived from1 any proceeds the person obtained1 directly or indirectly1 as the result of such violation2 and 7,b7 any of the person's property used1 or intended to be used1 in any manner or part1 to commit1 or to facilitate the commission of1 such violation4 7#b7 ,the court1 in imposing sentence on a person convicted of a violation of section #icb or #icc1 shall order1 in addition to any other sentence imposed pursuant to section #icb or #icc1 that the person forfeit to the ,united ,states all property described in paragraph 7#a74 7b7 ,a defendant who derives profits or other proceeds from an offense under section #icb or #icc may be fined not more than the greater of-- 7#a7 the fine otherwise authorized by this part2 and 7#b7 the amount equal to twice the gross profits or other proceeds of the offense under section #icb or #icc4 4 7b7 ,title ,,iii authorization ,section #beaf7a77n7 of title #ah1 ,united ,states ,code1 is amended by striking and #ibd and inserting 1 #ibd1 #icb1 or #icc4 7c7 ,racketeering amendment ,section #aifa7a77;,b7 of title #ah1 ,united ,states ,code1 is amended by inserting section #icb 7relating to straw purchasing71 section #icc 7relating to trafficking in firearms71 before section #ajbh4 7d7 ,money laundering amendment ,section #aief7;c77#g77;,d7 of title #ah1 ,united ,states ,code1 is amended by striking section #ibd7n7 and inserting section #ibd7n71 #icb1 or #icc4 7e7 ,directive to sentencing commission ,pursuant to its authority under section #iid of title #bh1 ,united ,states ,code1 and in accordance with this section1 the ,united ,states ,sentencing ,commission shall review and amend its guidelines and policy statements to ensure that persons convicted of an offense under section #icb or #icc of title #ah1 ,united ,states ,code1 and other offenses applicable to the straw purchases and firearms trafficking of firearms are subject to increased penalties in comparison to those currently provided by the guidelines and policy statements for such straw purchasing and firearms trafficking offenses4 ,the ,commission shall also review and amend its guidelines and policy statements to reflect the intent of ,congress that a person convicted of an offense under section #icb or #icc of title #ah1 ,united ,states ,code1 who is affiliated with a gang1 cartel1 organized crime ring1 or other such enterprise should be subject to higher penalties than an otherwise unaffiliated individual4 7f7 ,technical and conforming amendment ,the table of sections of chapter #dd of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #icb4 ,straw purchasing of firearms4 #icc4 ,trafficking in firearms4 #icd4 ,forfeiture and fines4 4 #acajc4 ,amendments to section #ibb7;d7 ,section #ibb7;d7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#h71 by striking or at the end2 7#b7 in paragraph 7#i71 by striking the period at the end and inserting a semicolon2 and 7#c7 by striking the matter following paragraph 7#i7 and inserting the following3 7#aj7 intends to sell or otherwise dispose of the firearm or ammunition to a person described in any of paragraphs 7#a7 through 7#i72 or 7#aa7 intends to sell or otherwise dispose of the firearm or ammunition in furtherance of a crime of violence or drug trafficking offense or to export the firearm or ammunition in violation of law4 ,this subsection shall not apply with respect to the sale or disposition of a firearm or ammunition to a licensed importer1 licensed manufacturer1 licensed dealer1 or licensed collector who pursuant to subsection 7b7 of section #ibe is not precluded from dealing in firearms or ammunition1 or to a person who has been granted relief from disabilities pursuant to subsection 7c7 of section #ibe4 4 #acajd4 ,amendments to section #ibd7;a7 ,section #ibd7;a7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#b71 by striking 7d71 7g712 and 7#b7 by adding at the end the following3 7#h7 ,whoever knowingly violates subsection 7d7 or 7g7 of section #ibb shall be fined under this title1 imprisoned not more than #ae years1 or both4 4 #acaje4 ,amendments to section #ibd7;h7 ,section #ibd of title #ah1 ,united ,states ,code1 is amended by striking subsection 7h7 and inserting the following3 7h7 7#a7 ,whoever knowingly receives or transfers a firearm or ammunition1 or attempts or conspires to do so1 knowing or having reasonable cause to believe that such firearm or ammunition will be used to commit a crime of violence 7as defined in subsection 7c77#c771 a drug trafficking crime 7as defined in subsection 7c77#b771 or a crime under the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgea et seq471 the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq471 the ,foreign ,narcotics ,kingpin ,designation ,act 7#ba ,u4,s4,c4 #aija et seq471 or section #bab7;a77#b77;,c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#b77;,c77 shall be imprisoned not more than #be years1 fined in accordance with this title1 or both4 7#b7 ,no term of imprisonment imposed on a person under this subsection shall run concurrently with any term of imprisonment imposed on the person under section #icb4 4 #acajf4 ,amendments to section #ibd7k7 ,section #ibd of title #ah1 ,united ,states ,code1 is amended by striking subsection 7k7 and inserting the following3 7k7 7#a7 ,a person who1 with intent to engage in or to promote conduct that-- 7,a7 is punishable under the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hja et seq471 the ,controlled ,substances ,import and ,export ,act 7#ba ,u4,s4,c4 #iea et seq471 or chapter #gje of title #df2 7,b7 violates any law of a ,state relating to any controlled substance 7as defined in section #ajb of the ,controlled ,substances ,act1 #ba ,u4,s4,c4 #hjb72 or 7,c7 constitutes a crime of violence 7as defined in subsection 7c77#c771 smuggles or knowingly brings into the ,united ,states1 a firearm or ammunition1 or attempts or conspires to do so1 shall be imprisoned not more than #ae years1 fined under this title1 or both4 7#b7 ,a person who1 with intent to engage in or to promote conduct that-- 7,a7 would be punishable under the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hja et seq471 the ,controlled ,substances ,import and ,export ,act 7#ba ,u4,s4,c4 #iea et seq471 or chapter #gje of title #df1 if the conduct had occurred within the ,united ,states2 or 7,b7 would constitute a crime of violence 7as defined in subsection 7c77#c77 for which the person may be prosecuted in a court of the ,united ,states1 if the conduct had occurred within the ,united ,states1 smuggles or knowingly takes out of the ,united ,states1 a firearm or ammunition1 or attempts or conspires to do so1 shall be imprisoned not more than #ae years1 fined under this title1 or both4 4 ,,ff ,gun ,manufacturers ,accountability #acbja4 ,short title ,this subtitle may be cited as the ,gun ,manufacturers ,accountability ,act4 #acbjb4 ,repeal of prohibition on bringing qualified civil liability actions in ,federal or ,state court ,sections #b through #d of the ,protection of ,lawful ,commerce in ,arms ,act 7#ae ,u4,s4,c4 #gija-gijc2 ,public ,law #aji-ib7 are hereby repealed4 ,,gg ,report on ,effects of ,gun ,violence on ,public ,health #accja4 ,report on effects of gun violence on public health ,not later than one year after the date of the enactment of this ,act1 and annually thereafter1 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 period1 and the status of actions taken to address such effects4 ,,hh ,protecting ,domestic ,violence and ,stalking ,victims #acdja4 ,short title ,this subtitle may be cited as the ,protecting ,domestic ,violence and ,stalking ,victims ,act4 #acdjb4 ,definitions of intimate partner and misdemeanor crime of domestic violence expanded ,section #iba7;a7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#cb7-- 7,a7 by striking and an individual and inserting an individual2 and 7,b7 by inserting 1 or a dating partner 7as defined in section #bbff7 before the period at the end2 and 7#b7 in paragraph 7#cc77;,a7-- 7,a7 by striking ,except as provided in subparagraph 7,c71 the and inserting ,the2 7,b7 in clause 7i71 by inserting municipal1 after ,state12 and 7,c7 in clause 7ii7-- 7i7 by striking or by and inserting by2 and 7ii7 by inserting 1 or by a dating partner 7as defined in section #bbff7 of the victim before the period at the end4 #acdjc4 ,expansion of list of persons subject to a restraining or similar order to whom a firearm is prohibited from being sold or disposed ,section #ibb7;d77#h7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in the matter preceding subparagraph 7,a71 by striking that2 7#b7 by striking subparagraphs 7,a7 and 7,b7 and inserting the following3 7,a7 7i7 that was issued after a hearing of which such person received actual notice1 and at which such person had an opportunity to participate2 or 7ii7 in the case of an ex parte order1 relating to which notice and opportunity to be heard are provided-- 7,i7 within the time required by ,state1 tribal1 or territorial law2 and 7,,ii7 in any event within a reasonable time after the order is issued1 sufficient to protect the person's right to due process2 7,b7 that restrains such person from-- 7i7 harassing1 stalking1 threatening1 or engaging in other conduct that would put an individual in reasonable fear of bodily injury to such individual1 including an order that was issued at the request of an employer on behalf of its employee or at the request of an institution of higher education on behalf of its student2 or 7ii7 intimidating or dissuading a witness from testifying in court2 and 2 and 7#c7 in subparagraph 7,c7-- 7,a7 by striking intimate partner or child each place it appears and inserting individual described in subparagraph 7,b72 7,b7 in clause 7i71 by inserting that before includes2 and 7,c7 in clause 7ii71 by inserting that before by its4 #acdjd4 ,expansion of list of persons subject to a restraining or similar order prohibited from possessing or receiving a firearm ,section #ibb7;g77#h7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in the matter preceding subparagraph 7,a71 by striking that2 7#b7 by striking subparagraphs 7,a7 and 7,b7 and inserting the following3 7,a7 7i7 that was issued after a hearing of which such person received actual notice1 and at which such person had an opportunity to participate2 or 7ii7 in the case of an ex parte order1 relating to which notice and opportunity to be heard are provided-- 7,i7 within the time required by ,state1 tribal1 or territorial law2 and 7,,ii7 in any event within a reasonable time after the order is issued1 sufficient to protect the person's right to due process2 7,b7 that restrains such person from-- 7i7 harassing1 stalking1 threatening1 or engaging in other conduct that would put an individual in reasonable fear of bodily injury to such individual1 including an order that was issued at the request of an employer on behalf of its employee or at the request of an institution of higher education on behalf of its student2 or 7ii7 intimidating or dissuading a witness from testifying in court2 and 2 and 7#c7 in subparagraph 7,c7-- 7,a7 by striking intimate partner or child each place it appears and inserting individual described in subparagraph 7,b72 7,b7 in clause 7i71 by inserting that before includes2 and 7,c7 in clause 7ii71 by inserting that before by its4 #acdje4 ,stalking prohibitions 7a7 ,sales or other dispositions of firearms or ammunition ,section #ibb7;d7 of title #ah1 ,united ,states ,code1 as amended by section #acdjc of this subtitle1 is amended-- 7#a7 by striking or at the end of paragraph 7#h72 7#b7 by striking the period at the end of paragraph 7#i7 and inserting 2 or2 and 7#c7 by inserting after paragraph 7#i7 the following3 7#aj7 has been convicted in any court of-- 7,a7 a misdemeanor crime of stalking under ,federal1 ,state1 municipal1 territorial1 or tribal law2 or 7,b7 a crime that involves conduct which would be prohibited by section #bbfa;,a if committed within the special maritime and territorial jurisdiction of the ,united ,states4 4 7b7 ,possession1 etc41 of firearms or ammunition ,section #ibb7;g7 of such title1 as amended by section #acdjd of this subtitle1 is amended-- 7#a7 by striking or at the end of paragraph 7#h72 7#b7 by striking the comma at the end of paragraph 7#i7 and inserting 2 or2 and 7#c7 by inserting after paragraph 7#i7 the following3 7#aj7 has been convicted in any court of-- 7,a7 a misdemeanor crime of stalking under ,federal1 ,state1 municipal1 territorial1 or tribal law2 or 7,b7 a crime that involves conduct which would be prohibited by section #bbfa;,a if committed within the special maritime and territorial jurisdiction of the ,united ,states1 4 ,,ii ,raise the ,age #aceja4 ,short title ,this subtitle may be cited as the ,raise the ,age ,act4 #acejb4 ,prohibition on ,federal firearms licensee selling or delivering certain semiautomatic centerfire rifles to a person under #ba years of age1 with exceptions 7a7 ,in general ,section #ibb7;b77#a7 of title #ah1 ,united ,states ,code1 is amended to read as follows3 7#a7 7,a7 any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe has not attained #ah years of age2 7,b7 any semiautomatic centerfire rifle that has or accepts a magazine with a capacity exceeding #e rounds1 to any individual who the licensee knows or has reasonable cause to believe has not attained #ba years of age and is not a qualified individual2 or 7,c7 if the firearm or ammunition is not a semiautomatic centerfire rifle described in subparagraph 7,b7 and is other than a shotgun or rifle1 or ammunition for a shotgun or rifle1 to any individual who the licensee knows or has reasonable cause to believe has not attained #ba years of age2 4 7b7 ,conforming amendment ,section #ibb7;c77#a7 of such title is amended by striking in the case of any firearm and all that follows through eighteen years or more of age and inserting in the case of a semiautomatic centerfire rifle that has or accepts a magazine with a capacity exceeding #e rounds1 ,i am at least #ba years of age or a qualified individual 7as defined in section #iba7;a77#cj7 of title #ah1 ,united ,states ,code71 in the case of a firearm other than a semiautomatic centerfire rifle that has or accepts a magazine with a capacity exceeding #e rounds1 a shotgun or a rifle1 ,i am at least #ba years of age1 or that1 in the case of a shotgun or a rifle1 ,i am at least #ah years of age4 7c7 ,qualified individual defined ,section #iba7;a7 of such title is amended by inserting after paragraph 7#bi7 the following3 7#cj7 ,the term qualified individual means-- 7,a7 a member of the ,armed ,forces on active duty2 and 7,b7 a full-time employee of the ,united ,states1 a ,state1 or a political subdivision of a ,state who in the course of his or her official duties is authorized to carry a firearm4 4 #acejc4 ,operation of the ,federal ,bureau of ,investigation's public access line 7a7 ,report ,not later than #ij days after the date of the enactment of this ,act1 the ,director of the ,federal ,bureau of ,investigation 7in this section referred to as the ,,fbi7 shall submit to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives a report regarding operation of the ,,fbi's public access line4 7b7 ,matters included ,the report required by subsection 7a7 shall1 at a minimum1 include the following3 7#a7 ,a description of the protocols and procedures in effect with respect to information-sharing between the public access line and the field offices of the ,,fbi4 7#b7 ,recommendations for improving the protocols and procedures to improve the information-sharing4 ,,jj ,national ,gun ,violence ,research #acfja4 ,short title ,this subtitle may be cited as the ,national ,gun ,violence ,research ,act4 #acfjb4 ,findings ,congress makes the following findings3 7#a7 ,in the last #ej years1 more individuals in the ,united ,states have died from gunshots than in all wars in which the ,united ,states was a combatant1 combined4 7#b7 ,the rate of gun violence deaths in the ,united ,states is more than double that of other high-income nations4 7#c7 ,guns accounted for #gd percent of homicides and #ea percent of suicides in #bjaf1 totaling over #cg1jjj deaths in the ,united ,states4 7#d7 ,gun violence disproportionately affects racial minorities1 with ,african ,americans comprising nearly #fj percent of homicide victims and #bb percent of unintentional injury deaths in #bjaf4 7#e7 ,provisions in appropriations ,acts dating back to #aiif have had a chilling effect on ,federal funding for research on gun violence across the ,federal ,government and1 as a result1 research on gun violence is significantly underfunded relative to other leading causes of death4 7#f7 ,research examining the nature1 causes1 consequences1 and prevention of gun-related violence1 suicide1 and unintentional injury and death does not constitute advocacy in support of1 or opposition to1 gun control policies or regulations4 7#g7 ,more research and high-quality data relating to gun violence are needed to inform the development of effective strategies to reduce the incidence of gun-related injury and death4 #acfjc4 ,definitions ,in this subtitle3 7#a7 ,director ,the term ,director means the ,director of the ,office of ,science and ,technology ,policy4 7#b7 ,institution of higher education ,the term institution of higher education has the meaning given such term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 7#c7 ,program ,the term ,program means the ,national ,gun ,violence ,research ,program established under section #acfje4 #acfjd4 ,research and data restrictions repeal 7a7 ,gun trace data 7#a7 ,the matter under the heading ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives--,salaries and ,expenses in title ,i of division ,b of the ,consolidated and ,further ,continuing ,appropriations ,act1 #bjab 7#ah ,u4,s4,c4 #ibc note2 ,public ,law #aab-ee2 #abe ,stat4 #fji-faj7 is amended by striking the #fth proviso4 7#b7 ,the #fth proviso under the heading ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives--,salaries and ,expenses in title ,,ii of division ,b of the ,consolidated ,appropriations ,act1 #bjaj 7#ah ,u4,s4,c4 #ibc note2 ,public ,law #aaa-aag2 #abc ,stat4 #cabh-cabi7 is amended by striking beginning in fiscal year #bjaj and thereafter and inserting in fiscal year #bjaj4 7#c7 ,the #fth proviso under the heading ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives--,salaries and ,expenses in title ,,ii of division ,b of the ,omnibus ,appropriations ,act1 #bjji 7#ah ,u4,s4,c4 #ibc note2 ,public ,law #aaa-h2 #abc ,stat4 #egd-egf7 is amended by striking beginning in fiscal year #bjji and thereafter and inserting in fiscal year #bjji4 7#d7 ,the #fth proviso under the heading ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives--,salaries and ,expenses in title ,,ii of division ,b of the ,consolidated ,appropriations ,act1 #bjjh 7#ah ,u4,s4,c4 #ibc note2 ,public ,law #aaj-afa2 #aba ,stat4 #aijc-aijd7 is amended by striking beginning in fiscal year #bjjh and thereafter and inserting in fiscal year #bjjh4 7#e7 ,the #fth proviso under the heading ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives--,salaries and ,expenses in title ,i of the ,science1 ,state1 ,justice1 ,commerce1 and ,related ,agencies ,appropriations ,act1 #bjjf 7#ah ,u4,s4,c4 #ibc note2 ,public ,law #aji-ajh2 #aai ,stat4 #bbie-bbif7 is amended by striking with respect to any fiscal year4 7#f7 ,the #fth proviso under the heading in title ,i of division ,b of the ,consolidated ,appropriations ,act1 #bjje 7#ah ,u4,s4,c4 #ibc note2 ,public ,law #ajh-ddg2 #aah ,stat4 #bhei-bhfj7 is amended by striking with respect to any fiscal year4 7b7 ,department of ,health and ,human ,services ,notwithstanding any other provision of law1 funds made available to the ,department of ,health and ,human ,services1 including the ,centers for ,disease ,control and ,prevention and the ,national ,institutes of ,health1 may be used to conduct research with respect to gun violence4 #acfje4 ,research program 7a7 ,establishment ,the ,president1 acting through the ,director1 shall develop and implement a program to improve public health and safety through research on gun violence 7to be known as the ,national ,gun ,violence ,research ,program71 through activities carried out in collaboration with covered agencies that-- 7#a7 support gun violence research2 7#b7 accelerate the translation of gun violence research into effective policy interventions to reduce the incidence of injury and death related to guns2 7#c7 expand the number of researchers and students in the field of gun violence research2 and 7#d7 improve interagency planning and coordination of ,federal ,government activities relating to gun violence research4 7b7 ,program activities ,a covered agency1 in carrying out activities described in subsection 7a71 shall-- 7#a7 award grants to individual investigators and interdisciplinary teams of investigators for projects related to gun violence research2 7#b7 support projects funded under joint solicitations by a collaboration of no fewer than two covered agencies2 7#c7 establish interdisciplinary research centers that are organized to investigate basic research questions and inform policy decisions relating to gun violence2 7#d7 provide for the education and training of undergraduate students1 graduate students1 and postdoctoral scholars in gun violence research2 and 7#e7 promote the development of voluntary consensus gun safety technical standards4 7c7 ,interagency working group 7#a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,president1 acting through the ,national ,science and ,technology ,council1 shall establish an interagency working group on gun violence research4 7#b7 ,composition ,the working group established under this subsection shall be chaired by the ,director and include representatives from-- 7,a7 the ,national ,science ,foundation2 7,b7 the ,national ,institute of ,standards and ,technology2 7,c7 the ,national ,institutes of ,health2 7,d7 the ,centers for ,disease ,control and ,prevention2 7,e7 the ,national ,institute of ,justice2 and 7,f7 any other ,federal agency 7including an agency1 department1 or service thereof7 that the ,director considers appropriate4 7#c7 ,duties ,the ,working ,group shall-- 7,a7 oversee the planning1 management1 and coordination of the ,program2 7,b7 provide for coordination among covered agencies of ,federal gun violence research and other activities undertaken pursuant to the ,program2 7,c7 establish and periodically update goals and priorities for the ,program2 7,d7 develop1 not later than #ab months after the date of enactment of this ,act1 and update every #e years1 a strategic plan to guide the activities of the ,program to meet the goals and priorities established under subparagraph 7,c74 7d7 ,advisory committee 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,president1 acting through the ,director of the ,office of ,science and ,technology ,policy1 shall establish an advisory committee on gun violence research4 7#b7 ,composition ,the advisory committee established under paragraph 7#a7 shall be composed of not less than #ab members1 including representatives of research institutions1 institutions of higher education1 industry1 law enforcement1 and relevant nonprofit organizations who are qualified to provide advice on the ,program4 7#c7 ,duties ,the advisory committee established under subsection 7a7 shall assess-- 7,a7 the management1 coordination1 implementation1 and activities of the ,program2 7,b7 the balance of activities and funding across the ,program2 7,c7 whether the ,program priorities and goals developed by the working group established under subsection 7c77#c7 are helping to improve public health and safety2 and 7,d7 the need to revise the ,program4 7e7 ,covered agency defined ,in this section1 the term covered agency means-- 7#a7 the ,national ,science ,foundation2 7#b7 the ,national ,institute for ,standards and ,technology2 7#c7 the ,centers for ,disease ,control and ,prevention2 7#d7 the ,national ,institutes of ,health2 7#e7 the ,national ,institute of ,justice2 and 7#f7 such other ,federal agency as determined appropriate by the ,director of the ,office of ,science and ,technology ,policy4 7f7 ,authorization of appropriations ,there are authorized to be appropriated to the ,director to carry out this section #bjj1jjj for each of fiscal years #bjai through #bjbd4 #acfjf4 ,agency activities 7a7 ,national ,science ,foundation 7#a7 ,research ,the ,director of the ,national ,science ,foundation shall award grants1 on a competitive basis1 to institutions of higher education or nonprofit organizations 7or consortia of such institutions or organizations7-- 7,a7 to support multidisciplinary research to better understand the nature1 causes1 and consequences of violence1 including violence1 suicide1 unintended injury1 and death involving guns2 7,b7 to examine the effects of gun policy interventions on-- 7i7 rates of suicide1 homicide1 and unintended injury and death2 7ii7 individuals' ability to use guns for self-defense1 hunting1 and recreation2 and 7iii7 the gun industry2 and 7,c7 to educate and train researchers in the field of violence1 including gun violence1 research4 7#b7 ,national ,center for ,violence ,research ,the ,director of the ,national ,science ,foundation shall award grants on a competitive basis to institutions of higher education or nonprofit organizations 7or consortia of such institutions or organizations7 to establish one or more centers to conduct multidisciplinary research and education activities in support of the goals and priorities of the ,program 7to be known as ,national ,center for ,violence ,research74 7#c7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #ae1jjj1jjj for each of fiscal years #bjai through #bjbd4 7b7 ,national ,institute of ,standards and ,technology 7#a7 ,voluntary consensus standards ,the ,secretary of ,commerce1 acting through the ,director of the ,national ,institute of ,standards and ,technology1 shall establish a program to promote the development of voluntary consensus gun safety technical standards4 ,such effort shall include-- 7,a7 outreach1 coordination1 and technical support to relevant industry and nonindustry stakeholders and standards development organizations to assist such entities in the development of voluntary consensus gun safety technical standards2 7,b7 the conduct of research to support efforts to develop and improve such standards and conformity assessment2 and 7,c7 the development of such standard reference material as the ,director determines is necessary to further the development of such standards4 7#b7 ,prohibition on regulation ,nothing in this subtitle shall be construed as conferring upon the ,secretary of ,commerce any authority to establish or enforce mandatory gun safety standards4 7#c7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #a1jjj1jjj for each of fiscal years #bjai through #bjbd4 7c7 ,department of ,health and ,human ,services 7#a7 ,in general ,the ,secretary of ,health and ,human ,services1 acting through the ,director of the ,national ,institutes of ,health1 the ,director of the ,centers for ,disease ,control and ,prevention1 and other scientific agencies within the ,department of ,health and ,human ,services1 shall award grants on a competitive basis to conduct or support research into the nature1 causes1 consequences1 and prevention of gun violence4 7#b7 ,appropriations ,there is authorized to be appropriated to the ,secretary of ,health and ,human ,services to carry out this subsection #bj1jjj1jjj for each of fiscal years #bjai through #bjbd4 7d7 ,department of ,justice 7#a7 ,research ,the ,attorney ,general of the ,united ,states1 acting through the ,national ,institute of ,justice1 shall conduct or sponsor research into the nature1 causes1 consequences1 and prevention of gun violence4 7#b7 ,competition ,the ,attorney ,general of the ,united ,states1 acting through the ,national ,institute of ,justice1 shall sponsor an inducement prize competition under section #bd of the ,stevenson-,wydler ,technology ,innovation ,act of #aihj 7#ae ,u4,s4,c4 #cgai7 to demonstrate through testing and evaluation the reliability of guns and gun accessories with integrated advanced gun safety technology 7commonly referred to as smart guns1 user-authorized handguns1 childproof guns1 and personalized guns74 7#c7 ,trace data 7,a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,attorney ,general1 in collaboration with the ,secretary of the ,department of ,health and ,human ,services1 shall develop consensus protocols for granting researchers access to gun trace data while protecting the confidentiality of gun owners and dealers4 7,b7 ,data sharing ,not later than #a year after the date of enactment of this ,act1 the ,attorney ,general1 acting through the ,bureau of ,alcohol1 ,tobacco1 ,firearms1 and ,explosives1 shall commence sharing with researchers according to the protocols developed under subparagraph 7,a71 the contents of the ,firearms ,trace ,system database and information required to be kept by licensees pursuant to section #ibc7;g7 of title #ah1 ,united ,states ,code1 or required to be reported pursuant to paragraphs 7#c7 and 7#g7 of such section #ibc7;g74 7#d7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #c1jjj1jjj for each of fiscal years #bjai through #bjbd4 ,,kk ,secure ,communities and ,safe ,schools #acgja4 ,short title ,this subtitle may be cited as the ,secure ,communities and ,safe ,schools ,act4 #acgjb4 ,prohibition on expenditure of certain ,homeland ,security grant funds to purchase firearms ,subsection 7b7 of section #bjjh of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fji7 is amended by adding at the end the following new paragraph3 7#f7 ,firearms ,a grant awarded under section #bjjc or #bjjd may not be used to purchase firearms or firearms accessories1 such as ammunition1 including for use by teachers4 4 ,,ll ,law ,enforcement ,protection #achja4 ,short title ,this subtitle may be cited as the ,law ,enforcement ,protection ,act of #bjbj4 #achjb4 ,armor-piercing1 concealable weapons 7a7 ,in general ,section #ehde7;a7 of the ,internal ,revenue ,code of #aihf is amended by striking and 7#h7 and inserting 2 7#h7 an armor-piercing1 concealable weapon2 and 7#i74 7b7 ,armor-,piercing1 concealable weapon ,section #ehde of such ,code is amended by adding at the end the following new subsection3 7n7 ,armor-,piercing1 concealable weapon ,the term armor-piercing1 concealable weapon means any weapon or device capable of being concealed on the person and from which can be discharged through the energy of an explosive any of the following rounds3 7#a7 4#dej ,bushmaster4 7#b7 #e4efmm 7including the #e4efx#demm ,,nato and 4#bbc ,remington74 7#c7 #g4fbmm 7including the #g4fbx#cimm1 4#cjh ,winchester1 #g4fb ,,nato1 #g4fbx#eamm ,,nato1 4#cj carbine1 #g4fbx#ccmm1 or #cjj ,,aac ,blackout74 7#d7 4#ej ,,bmg4 7#e7 #e4gx#bhmm4 7#f7 ,any other round determined by the ,bureau of ,alcohol1 ,tobacco1 ,firearms1 and ,explosives to be capable of1 when fired by such weapon or device1 penetrating the standard body armor worn by law enforcement officers4 4 7c7 ,effective date 7#a7 ,in general ,the amendments made by this section shall take effect on the date of the enactment of this ,act4 7#b7 ,application to possession on date of enactment ,notwithstanding paragraph 7#a71 any person on the date of the enactment of this ,act possessing a device described in section #ehde7;a77#h7 of the ,internal ,revenue ,code of #aihf 7as amended by this subtitle7 shall1 not later than the end of the #ahth month beginning after the date of the enactment of this ,act1 register such device with the ,secretary of the ,treasury and include with such registration the information required under section #ehda7;a7 of such ,code4 ,such registration shall become a part of the ,national ,firearms ,registration and ,transfer ,record required to be maintained by such section4 #achjc4 ,use of ,national ,firearms ,act taxes ,part ,i of subchapter ,b of chapter #ec of the ,internal ,revenue ,code of #aihf is amended redesignating section #ehdi as section #ehej and by inserting after section #ehdg the following new section3 #ehdi4 ,use of taxes ,to carry out the purposes of this chapter and to supplement appropriations otherwise made available for such purposes1 the ,bureau of ,alcohol1 ,tobacco1 ,firearms1 and ,explosives may spend the amounts collected under subchapter ,a for fiscal years #bjai and thereafter4 4 ,,mm ,corey ,jones #acija4 ,short title ,this subtitle may be cited as the ,corey ,jones ,act4 #acijb4 ,findings ,congress finds the following3 7#a7 ,corey ,jones of ,lake ,worth1 ,florida1 was shot and killed by a plainclothes law enforcement officer operating an unmarked vehicle on ,october #ah1 #bjae4 7#b7 ,mr4 ,jones was legally and peacefully pulled to the side of the road while he awaited roadside assistance at approximately #c a4m4 in the morning because his car had broken down4 7#c7 ,while ,mr4 ,jones awaited roadside assistance1 he was approached by a law enforcement officer driving an unmarked van and dressed in plainclothes4 7#d7 ,mr4 ,jones would not have had any reasonable reason to believe that the person in plainclothes driving the unmarked vehicle was a law enforcement officer4 7#e7 ,any confusion as to the nature of the law enforcement officer's interaction with ,mr4 ,jones could likely have been avoided had a uniformed officer in a marked vehicle been called to the scene4 7#f7 ,tragic incidents like the death of ,mr4 ,jones can easily be avoided by prohibiting law enforcement officers in plainclothes or law enforcement officers in plainclothes and unmarked vehicles from engaging in routine traffic stops4 #acijc4 ,ensuring the safety of the public and law enforcement officers during routine traffic stops involving unmarked vehicles and plainclothes officers 7a7 ,certification required ,section #agjb of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgif;dd-#a7 is amended-- 7#a7 in subsection 7c7-- 7,a7 in paragraph 7#aj71 by striking and at the end2 7,b7 in paragraph 7#aa71 by striking the period and inserting 2 and at the end2 and 7,c7 by adding at the end the following3 7#ab7 certify that no law enforcement agency that will receive grant funds from the applicant allows law enforcement officers to engage in routine traffic stops while in plainclothes or while in plainclothes and in a police vehicle that is unmarked or that otherwise is not clearly identified as a police vehicle4 2 and 7#b7 in subsection 7d7-- 7,a7 in paragraph 7#a71 by inserting after #a or more of the requirements of subsection 7c7 the following 7other than paragraph 7#ab72 7,b7 in paragraph 7#b71 by inserting after #a or more of the requirements of subsection 7c7 the following 7other than paragraph 7#ab72 and 7,c7 by adding at the end the following3 7#c7 ,no waiver of plainclothes certification ,the ,attorney ,general may not waive the requirement under subsection 7c77#ab74 4 7b7 ,civil action ,if the ,attorney ,general determines1 as a result of the reviews required by section #agje of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh1 that a law enforcement officer has engaged in conduct that violates a certification under section #agjb7;c77#ab7 of such ,act applicable to that law enforcement officer1 and such conduct has resulted in serious injury or death to any person1 that person may bring a civil action against that law enforcement officer and any grantee under part ,q of title ,i of such ,act that is a grantee that is a ,state1 unit of local government1 ,indian tribal government1 or other entity with direct authority over that law enforcement officer4 7c7 ,report ,not later than #ah months after the date of enactment of this ,act1 the ,attorney ,general of the ,united ,states shall submit to ,congress a report that includes data relating to the number and nature of incidences where a law enforcement officer dressed in plainclothes or dressed in plainclothes and operating an unmarked vehicle1 engaged in a routine traffic stop that resulted in injury or death4 ,,nn ,break the ,cycle of ,violence ,act #adjja4 ,short title ,this subtitle may be cited as the ,break the ,cycle of ,violence ,act4 #adjjb4 ,findings ,congress finds the following3 7#a7 ,gun violence is a significant public health and safety concern nationwide and is a leading cause of death for people in the ,united ,states of nearly all ages4 7#b7 ,from #bjab to #bjag1 over #aje1jjj people in the ,united ,states were murdered4 ,nearly #c_/d of these victims were murdered with a gun4 ,hundreds of thousands more were hospitalized or treated in emergency departments after surviving life-changing gunshot injuries4 7#c7 ,gun violence has sharply increased in the ,united ,states in recent years4 ,gun homicide rates spiked by #cj percent between #bjad and #bjag1 driven by large spikes in violence in some cities in the ,united ,states4 7#d7 ,shootings1 homicides1 and group-related violence are disproportionately concentrated in the poorest and most segregated urban areas of the ,nation1 and have an enormously disproportionate impact on young people of color in particular4 ,from #bjab to #bjag1 ,african-,american children and teens were #ad times as likely to be shot to death as their ,white peers4 ,hispanic children and teens and ,native ,american children and teens were both nearly #c times as likely to be shot to death as their ,white peers4 7#e7 ,african-,american men make up just #f percent of the population in the ,united ,states1 but account for more than #ej percent of all gun homicide victims each year4 7#f7 ,violence is responsible for half of all deaths among young ,african-,american men1 ages #ae through #bd1 as many as every other cause of death combined4 7#g7 ,this violence imposes enormous human1 social1 and economic costs4 ,nationwide1 the annual societal cost of firearm violence was estimated at #bbi1jjj1jjj1jjj per year in #bjab4 ,economists estimate that each firearm homicide generates hundreds of thousands of dollars in direct public costs1 including medical care and criminal justice expenses4 7#h7 ,several evidence-based violence intervention strategies have demonstrated remarkable success at interrupting entrenched cycles of violence1 victimization1 and retaliation4 ,these strategies reflect the important fact that in most cities1 the vast majority of violence is perpetrated by a relatively small number of identifiable groups or individuals that comprise less than #j4e percent of the city's total population4 7#i7 ,when properly implemented and consistently funded1 coordinated1 evidence-based strategies focused on interrupting cycles of violence among individuals at highest risk can produce life-saving and cost-saving results in a short period of time without contributing to mass incarceration4 ,multiple cities have substantially reduced community violence in recent years by implementing such strategies1 including the following3 7,a7 ,hospital-based violence intervention programs 7referred to in this section as ,,hvip71 which work to break cycles of violence by providing intensive counseling1 peer support1 case management1 mediation1 and social services to patients recovering from gunshot wounds and other violent injuries4 ,research has shown that violently injured patients are at high risk of retaliating with violence themselves and being revictimized by violence in the near future4 ,evaluations of ,h,v,i,ps have found that patients who received ,,hvip services were #d times less likely to be convicted of a violent crime and roughly #d times less likely to be subsequently reinjured by violence than patients who did not receive ,,hvip services4 7,b7 ,evidence-based street outreach programs1 which treat gun violence as a communicable disease and work to interrupt its transmission among community members4 ,these public health-centered initiatives use street outreach workers to build relationships with high-risk individuals in their communities and connect them with intensive counseling1 mediation1 peer support1 and social services in order to reduce their risk of violence4 ,evaluations have found that these programs are associated with significant reductions in gun violence1 with some sites reporting up to #gj-percent reductions in homicides or assaults4 7,c7 ,strategies1 including group violence interventions 7referred to in this section as ,,gvi71 which are a form of problem-oriented policing that provides targeted social services and support to individuals at highest risk for involvement in community violence1 and a process for community members to voice a clear demand for the violence to stop4 ,this approach coordinates law enforcement1 service providers1 and community engagement efforts to reduce violence among a small1 identifiable segment of the population that is responsible for the vast majority of gun violence in most cities4 ,in one evaluation of the ,,gvi program in ,boston1 researchers found a #fc-percent reduction in youth homicides and a #be-percent decline in monthly gun assaults across the city4 ,other studies have found that ,,gvi programs were associated with homicide reductions of up to #fj percent4 7#aj7 ,these strategies are often most effective when local officials and dedicated staff work to coordinate stakeholders1 relevant public agencies1 and service providers4 ,mayors in cities like ,los ,angeles and ,new ,york have established city departments that are primarily dedicated to violence prevention1 and their offices have played a critical role in ensuring cross-agency collaboration and information-sharing4 7#aa7 ,these strategies are also most effective when they receive consistent funding4 ,for example1 large cuts in funding for violence prevention programs in ,chicago in #bjjh1 #bjab1 and #bjae through #bjaf corresponded with large spikes in homicides in those years4 ,similarly1 the city of ,stockton1 ,california1 saw an increase in homicides after discontinuing funding for its highly successful ,,gvi program4 ,when ,stockton's funding was restored1 homicides decreased4 7#ab7 ,a national strategy for reducing gun violence must include substantial and targeted ,federal funding to expand and replicate the most effective strategies in communities most impacted by violence4 7#ac7 ,at present1 however1 these strategies are implemented in only a handful of cities and are funded through an unreliable patchwork of discretionary grant programs4 ,the current level of ,federal funding to support the scaling of these strategies is woefully inadequate4 7#ad7 ,intentional and sustained investments in evidence-based violence reduction strategies can reverse recent crime trends1 help to heal impacted communities1 and reduce the enormous human and financial costs of violence1 without contributing to mass incarceration4 #adjjc4 ,community-based violence intervention program grants 7a7 ,definitions ,in this section3 7#a7 ,director ,the term ,director means the ,director of the ,bureau of ,justice ,assistance4 7#b7 ,eligible unit of local government ,the term eligible unit of local government means a unit of local government that-- 7,a7 for not less frequently than two out of the #c years preceding the grant application1 experienced twenty or more homicides per year and had a homicide rate that was not less than double the national average2 or 7,b7 demonstrates a unique and compelling need for additional resources to address gun and group-related violence within the community of the unit of local government4 7b7 ,grants ,the ,director shall award ,community-,based ,violence ,intervention ,program grants to support1 enhance1 and replicate coordinated violence reduction initiatives in units of local government that are disproportionately impacted by gun and group-related violence4 7c7 ,eligibility ,the ,director shall award grants under this section on a competitive basis to-- 7#a7 eligible units of local government2 and 7#b7 community-based organizations that serve the residents of an eligible unit of local government4 7d7 ,use of funds 7#a7 ,in general ,a grant awarded under this section shall be used to implement coordinated violence reduction initiatives1 through strategies such as hospital-based violence intervention1 evidence-based street outreach1 and group violence intervention4 7#b7 ,requirements ,a coordinated violence reduction initiative implemented using grant funds awarded under this section shall-- 7,a7 be primarily focused on providing community-based violence intervention services to the small portion of a grantee's community who are1 regardless of age1 identified as having the highest risk of perpetrating or being victimized by gun or group-related violence in the near future2 and 7,b7 use strategies that are evidence-based and have demonstrated effectiveness at reducing violence4 7e7 ,application requirements ,each applicant for a grant under this section shall submit a grant proposal1 which shall1 at a minimum-- 7#a7 describe how the applicant proposes to use the grant to implement a coordinated violence reduction initiative in accordance with this section2 7#b7 describe how the applicant proposes to use the grant to promote or improve coordination between relevant agencies and community organizations in order to minimize duplication of services and achieve maximum impact2 7#c7 provide evidence indicating that the proposed violence reduction initiative would likely reduce gun and group-related violence2 and 7#d7 in the case of a unit of local government applicant1 demonstrate strong support within the unit of local government for the proposed violence reduction initiative1 such as letters of support from-- 7,a7 the mayor or chief executive officer2 7,b7 the chief of police2 7,c7 the local health department director2 and 7,d7 the director of one or more community-based organizations that provide services to individuals at high risk of violence in the area4 7f7 ,prioritization ,in awarding grants under this section1 the ,director shall give preference to applicants whose grant proposals demonstrate the greatest likelihood of reducing gun and group-related violence in the community of the applicant without contributing to mass incarceration4 7g7 ,grant duration ,a grant awarded under this section shall be for a #e-year period4 7h7 ,grant award ,the amount of funds awarded to an applicant under this section shall be commensurate with the scope of the proposal of the applicant and the demonstrated need for additional resources to effectively reduce gun and group-related violence in the community of the applicant4 7i7 ,matching funds required 7#a7 ,in general ,except as provided in paragraphs 7#b7 and 7#c71 the ,federal share of each grant awarded under this section shall be #ge percent of the eligible costs incurred by the grant recipient4 7#b7 ,exemption from requirement ,paragraph 7#a7 shall not apply to a grant awarded to community-based organization under subsection 7c77#b74 7#c7 ,waiver ,the ,federal share of a grant awarded to a unit of local government under subsection 7c77#a7 may be up to #ajj percent if the ,director determines there is good cause to waive the ,federal share requirement in paragraph 7#a7 of this subsection4 7j7 ,community partnerships ,each unit of local government awarded a grant under this section shall distribute not less than #ej percent of the grant funds received under this section to-- 7#a7 one or more community-based organizations that provide services to individuals at high risk of perpetrating or being victimized by violence2 or 7#b7 a public agency or department that is not a law enforcement agency1 but that is an agency or department primarily dedicated to the prevention of violence or community safety4 7k7 ,reports ,not later than #a year after the date on which the first #e-year grant period under this section ends1 the ,director shall publish a report identifying best practices for cities implementing evidence-based violence intervention initiatives4 7l7 ,rewarding success 7#a7 ,in general ,the ,director may reserve not more than #aj percent of the funds appropriated for a fiscal year under subsection 7o7 for supplemental incentive funds to be distributed to grantees outside the competitive grant process in accordance with paragraph 7#b74 7#b7 ,distribution of additional funds ,the ,director may distribute amounts reserved under paragraph 7#a71 in the discretion of the ,director1 to a grantee under subsection 7b7 that has-- 7,a7 implemented the grant for not less than #b years2 7,b7 demonstrated exceptional commitment and progress toward implementing the violence reduction initiatives of the grantee2 and 7,c7 shown that the grantee would likely achieve more substantial reductions in violence with additional ,federal funding4 7#c7 ,federal share ,subsection 7i7 shall not apply to any amounts distributed to a grantee under this subsection4 7#d7 ,explanation of distribution ,upon distributing supplemental incentive funds to a grantee1 the ,director shall publish a statement on the website of the ,bureau of ,justice ,assistance that clearly explains the basis for the decision to award these funds to a particular grantee4 7m7 ,evaluation and technical assistance ,the ,director may reserve not more than #h percent of the funds appropriated for a fiscal year under subsection 7o7 for the purpose of-- 7#a7 contracting with or hiring technical assistance providers with experience implementing community-based violence reduction initiatives2 and 7#b7 contracting with independent researchers to evaluate the performance and impact of selected initiatives supported by the ,community-,based ,violence ,intervention ,program grant1 and such evaluations shall be made publicly available on the website of the ,bureau of ,justice ,assistance4 7n7 ,nonsupplanting clause ,a grantee receiving a grant under this section shall use the grant to supplement1 and not supplant1 the amount of funds the grantee would otherwise dedicate to reducing gun and group-related violence in the community of the grantee4 7o7 ,authorization of appropriations ,there are authorized to be appropriated to the ,bureau of ,justice ,assistance1 in addition to any amounts otherwise authorized to be appropriated or made available to the ,bureau of ,justice ,assistance1 #fe1jjj1jjj for each of fiscal years #bjbj through #bjbi4 #adjjd4 ,hospital-,based ,violence ,intervention ,grants 7a7 ,grants ,the ,director of the ,national ,institutes of ,health 7referred to in this section as the ,director7 shall award grants on a competitive basis to support hospital-based or hospital-linked violence intervention programs that work to interrupt cycles of violence and reduce risk of violent injury and retaliation among patients identified as being at highest risk for involvement in community violence4 7b7 ,eligibility ,grants shall be made available under this section to private and public hospitals that treat at least #bej patients annually for firearm assault or stabbing injuries1 and to community-based organizations that operate violence intervention programs in such hospitals4 7c7 ,priority ,in awarding grants under this section1 the ,director shall give priority to nonprofit hospitals that serve communities with the highest incidence of violent injury and injury recidivism1 and community-based organizations that operate violence intervention programs in such hospitals4 7d7 ,grant requirements 7#a7 ,in general ,each grant awarded under this section shall be used to implement or enhance a hospital-based or hospital-linked violence intervention program1 to reduce risk of violent injury and retaliatory violence among patients identified as being at highest risk for involvement in community violence4 7#b7 ,other requirements ,any program supported by this grant shall be evidence-informed and implemented in accordance with standards prescribed by the ,director1 in consultation with the ,health ,alliance for ,violence ,intervention4 7e7 ,application requirements ,each application for a grant under this section shall describe-- 7#a7 how the applicant proposes to use the grant to implement or enhance a hospital-based or hospital-linked violence intervention program in accordance with this section2 and 7#b7 how the applicant plans to coordinate its violence intervention program with other relevant stakeholders or violence intervention programs in the community1 if any1 to maximize impact and minimize duplication of services4 7f7 ,grant duration ,a grant awarded under this section shall be for a #e-year period4 7g7 ,evaluation and technical assistance ,the ,director may reserve not more than #aj percent of the funds appropriated under subsection 7i7 for the purpose of contracting with or hiring technical assistance providers with experience implementing hospital-based or hospital-linked violence intervention initiatives1 and for the purpose of contracting with independent researchers to evaluate the performance and impact of selected programs supported by grants awarded under this section4 ,such evaluations shall be made publicly available on the internet website of the ,national ,institutes of ,health4 7h7 ,nonsupplanting clause ,an entity receiving a grant under this section shall use such grant to supplement1 and not supplant1 funds otherwise available to support violence intervention programs of the entity4 7i7 ,authorization of appropriations ,to carry out this section1 there is authorized to be appropriated1 in addition to any amounts otherwise made available to the ,national ,institutes of ,health1 #be1jjj1jjj for each of fiscal years #bjbj through #bjbi4 #adjje4 ,sense of ,congress regarding services for victims of violent crime ,it is the sense of ,congress that-- 7#a7 hospital-based and hospital-linked violence intervention programs have shown effective results as a strategy in reducing violently injured crime victims' risk of injury recidivism and retaliation2 and 7#b7 young men of color are disproportionately victimized by violent crime and gun and group-related violence in particular1 but are frequently underserved by the victim services field4 ,,oo ,protecting the ,health and ,wellness of ,babies and ,pregnant women ,in ,custody ,custody #adaja4 ,short title ,this subtitle may be cited as the ,protecting the ,health and ,wellness of ,babies and ,pregnant ,women in ,custody ,act4 #adajb4 ,data collection 7a7 ,in general ,beginning not later than #a year after the date of the enactment of this ,act1 pursuant to the authority under section #cjb of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajacb71 the ,director of the ,bureau of ,justice ,statistics shall include in the ,national ,prisoner ,statistics ,program and ,annual ,survey of ,jails statistics relating to the health needs of incarcerated pregnant women in the criminal justice system at the ,federal1 ,state1 tribal1 and local levels1 including-- 7#a7 demographic and other information about incarcerated women who are pregnant1 in labor1 or in postpartum recovery1 including the race1 ethnicity1 and age of the pregnant woman2 7#b7 the provision of pregnancy care and services provided for such women1 including-- 7,a7 whether prenatal1 delivery1 and post-delivery check-up visits were scheduled and provided2 7,b7 whether a social worker1 psychologist1 doula or other support person1 or pregnancy or parenting program was offered and provided during pregnancy and delivery2 7,c7 whether a nursery or residential program to keep mothers and infants together post-delivery was offered and whether such a nursery or residential program was provided2 7,d7 the number of days the mother stayed in the hospital post-delivery2 7,e7 the number of days the infant remained with the mother post-delivery2 and 7,f7 the number of days the infant remained in the hospital after the mother was discharged2 7#c7 the location of the nearest hospital with a licensed obstetrician-gynecologist in proximity to where the inmate is housed and the length of travel required to transport the inmate2 7#d7 whether a written policy or protocol is in place to respond to unexpected childbirth1 labor1 deliveries1 and medical complications related to the pregnancies of incarcerated pregnant women and for incarcerated pregnant women experiencing labor or medical complications related to pregnancy outside of a hospital2 7#e7 the number of incarcerated women who are determined by a health care professional to have a high-risk pregnancy2 7#f7 the total number of incarcerated pregnant women and the number of incarcerated women who became pregnant while incarcerated2 7#g7 the number of incidents in which an incarcerated woman who is pregnant1 in labor1 or in postpartum recovery is placed in restrictive housing1 the reason for such restriction or placement1 and the circumstances under which each incident occurred1 including the duration of time in restrictive housing1 during-- 7,a7 pregnancy2 7,b7 labor2 7,c7 delivery2 7,d7 postpartum recovery2 and 7,e7 the #f-month period after delivery2 and 7#h7 the disposition of the custody of the infant post-delivery4 7b7 ,personally identifiable information ,data collected under this paragraph may not contain any personally identifiable information of any incarcerated pregnant woman4 #adajc4 ,care for federally incarcerated women related to pregnancy and childbirth 7a7 ,in general ,the ,director of the ,bureau of ,prisons shall ensure that appropriate services and programs are provided to women in custody1 to address the health and safety needs of such women related to pregnancy and childbirth4 ,the warden of each ,bureau of ,prisons facility that houses women shall ensure that these services and programs are implemented for women in custody at that facility4 7b7 ,services and programs provided ,the ,director of the ,bureau of ,prisons shall ensure that the following services and programs are available to women in custody3 7#a7 ,access to complete appropriate health services for the life cycle of women ,the ,director of the ,bureau of ,prisons shall provide to each woman in custody who is of reproductive age pregnancy testing1 contraception1 and testing for sexually transmitted diseases and provide each woman with the option to decline such services4 7#b7 ,compliance with protocols relating to health of a pregnant woman ,on confirmation of the pregnancy of a woman in custody by clinical diagnostics and assessment1 the chief health care professional of a ,bureau of ,prisons facility that houses women shall ensure that a summary of all appropriate protocols directly pertaining to the safety and well-being of the woman are provided to the woman and that such protocols are complied with1 including an assessment of undue safety risks and necessary changes to accommodate the woman where and when appropriate1 as it relates to-- 7,a7 housing or transfer to a lower bunk for safety reasons2 7,b7 appropriate bedding or clothing to respond to a woman's changing physical requirements and the temperature in housing units2 7,c7 regular access to water and bathrooms2 7,d7 a diet that complies with the nutritional standards established by the ,secretary of ,agriculture and the ,secretary of ,health and ,human ,services in the ,dietary ,guidelines for ,americans report published pursuant to section #cja of the ,national ,nutrition ,monitoring and ,related ,research ,act of #aiij 7#g ,u4,s4,c4 #ecda7;a77#c771 and that includes-- 7i7 any appropriate dietary supplement1 including prenatal vitamins2 7ii7 timely and regular nutritious meals2 7iii7 additional caloric content in meals provided2 7iv7 a prohibition on withholding food from an incarcerated pregnant woman or serving any food that is used as a punishment1 including nutraloaf or any food similar to nutraloaf that is not considered a nutritious meal2 and 7v7 such other modifications to the diet of the woman as the ,director of the ,bureau of ,prisons determines to be necessary after consultation with the ,secretary of ,health and ,human ,services and consideration of such recommendations as the ,secretary may provide2 7,e7 modified recreation and transportation1 in accordance with standards within the obstetrical and gynecological care community1 to prevent overexertion or prolonged periods of inactivity2 and 7,f7 such other changes to living conditions as the ,director of the ,bureau of ,prisons may require after consultation with the ,secretary of ,health and ,human ,services and consideration of such recommendations as the ,secretary may provide4 7#c7 ,education and support services 7,a7 ,pregnancy in custody ,in the case of a woman who is pregnant at intake or who becomes pregnant while in custody1 that woman shall1 at intake or not later than #dh hours after pregnancy is confirmed1 as appropriate1 receive prenatal education1 counseling1 and birth support services provided by a provider trained to provide such services1 including-- 7i7 information about the parental rights of the woman1 including the right to place the child in kinship care1 and notice of the rights of the child2 7ii7 information about family preservation support services that are available to the woman2 7iii7 information about the nutritional standards referred to in paragraph 7#b77;,d72 7iv7 information pertaining to the health and safety risks of pregnancy1 childbirth1 and parenting1 including postpartum depression2 7v7 information on breastfeeding1 lactation1 and breast health2 7vi7 appropriate educational materials1 resources1 and services related to pregnancy1 childbirth1 and parenting2 7vii7 information and notification services for incarcerated parents regarding the risk of debt repayment obligations associated with their child's participation in social welfare programs1 including assistance under any ,state program funded under part ,a of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fja et seq47 or benefits under the supplemental nutrition assistance program1 as defined in section #c of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjab71 or any ,state program carried out under that ,act2 and 7viii7 information from the ,office of ,child ,support ,enforcement of the ,department of ,health and ,human ,services regarding seeking or modifying child support while incarcerated1 including how to participate in the ,bureau of ,prison's ,inmate ,financial ,responsibility ,program under subpart ,b of title #bh1 ,code of ,federal ,regulations 7or any successor program74 7,b7 ,birth while in custody or prior to custody ,in the case of a woman who gave birth in custody or who experienced any other pregnancy outcome during the #f-month period immediately preceding intake1 that woman shall receive counseling provided by a licensed or certified provider trained to provide such services1 including-- 7i7 information about the parental rights of the woman1 including the right to place the child in kinship care1 and notice of the rights of the child2 and 7ii7 information about family preservation support services that are available to the woman4 7#d7 ,testing ,not later than #a day after an incarcerated woman notifies an employee of the ,bureau of ,prisons that the woman may be pregnant1 a ,bureau of ,prisons healthcare care professional shall administer a pregnancy test to determine whether the woman is pregnant4 7#e7 ,evaluations ,each woman in custody who is pregnant or whose pregnancy results in a birth or any other pregnancy outcome during the #f-month period immediately preceding intake or any time in custody thereafter shall be evaluated not later than #d days after intake or confirmation of pregnancy through evidence-based screening and assessment for substance use disorders or mental health conditions1 including postpartum depression or depression related to a pregnancy outcome or early child care4 ,screening shall include identification of any of the following risk factors3 7,a7 ,an existing mental or physical health condition or substance use disorder4 7,b7 ,being underweight or overweight4 7,c7 ,multiple births or a previous still birth4 7,d7 ,a history of preeclampsia4 7,e7 ,a previous ,caesarean section4 7,f7 ,a previous miscarriage4 7,g7 ,being older than #ce or younger than #ae4 7,h7 ,being diagnosed with the human immunodeficiency virus1 hepatitis1 diabetes1 or hypertension4 7,i7 ,such other risk factors as the chief health care professional of a ,bureau of ,prisons facility that houses women may determine to be appropriate4 7#f7 ,unexpected births rulemaking ,not later than #ahj days after the date of enactment of this ,act1 the ,attorney ,general shall make rules establishing procedures for responding to unexpected childbirth deliveries1 labor complications1 and medical complications related to pregnancy if a woman in custody is unable to access a hospital in a timely manner4 7#g7 ,treatment ,in the case of any woman in custody who1 after an evaluation under paragraph 7#d71 is diagnosed as having a substance use disorder or a mental health disorder1 that woman shall be entitled to treatment in accordance with the following3 7,a7 ,treatment shall include participation in a support group1 including a #ab-step program1 such as ,alcoholics ,anonymous1 ,narcotics ,anonymous1 and ,cocaine ,anonymous or a comparable nonreligious program4 7,b7 ,treatment may include psychosocial interventions and medication4 7,c7 ,in the case that adequate treatment cannot be provided to a woman in custody in a ,bureau of ,prisons facility1 the ,director of the ,bureau of ,prisons shall transfer the woman to a residential reentry program that offers such treatment pursuant to section #ejh of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;bb-#a74 7,d7 ,to the extent practicable1 treatment for substance use disorders provided pursuant to this section shall be conducted in a licensed hospital4 #adajd4 ,use of restrictive housing and restraints on incarcerated pregnant women during pregnancy1 labor1 and postpartum recovery prohibited 7a7 ,in general ,section #dcbb of title #ah1 ,united ,states ,code1 is amended to read as follows3 #dcbb4 ,use of restraints and restrictive housing on incarcerated women during the period of pregnancy1 labor1 and postpartum recovery prohibited and to improve pregnancy care for women in ,federal prisons 7a7 ,prohibition ,except as provided in subsection 7b71 beginning on the date on which pregnancy is confirmed by a health care professional and ending not earlier than #ab weeks after delivery1 an incarcerated woman in the custody of the ,bureau of ,prisons1 or in the custody of the ,united ,states ,marshals ,service pursuant to section #djhf1 shall not be placed in restraints or held in restrictive housing4 7b7 ,exceptions 7#a7 ,use of restraints ,the prohibition under subsection 7a7 shall not apply if the senior ,bureau of ,prisons official or ,united ,states ,marshals ,service official overseeing women's health and services and a health care professional responsible for the health and safety of the incarcerated woman determines that the use of restraints is appropriate for the medical safety of the woman1 and the health care professional reviews such determination not later than every #f hours after such use is initially approved until such use is terminated4 7#b7 ,situational use ,the individualized determination described under paragraph 7#a7 shall only apply to a specific situation and must be reaffirmed through the same process to use restraints again in any future situation involving the same woman4 7#c7 ,access to care ,immediately upon the cessation of the use of restraints or restrictive housing as outlined in this subsection1 the ,director of the ,bureau of ,prisons or the ,united ,states ,marshal ,service shall provide the incarcerated woman with immediate access to physical and mental health assessments and all recommended treatment4 7#d7 ,response to behavioral risks in the ,bureau of ,prisons 7,a7 ,restrictive housing ,the prohibition under subsection 7a7 relating to restrictive housing shall not apply if the ,director of the ,bureau of ,prisons or a senior ,bureau of ,prisons official overseeing women's health and services1 in consultation with senior officials in health services1 makes an individualized determination that restrictive housing is required as a temporary response to behavior that poses a serious and immediate risk of physical harm4 7,b7 ,review ,the official who makes a determination under subparagraph 7,a7 shall review such determination every #d hours for the purpose of removing an incarcerated woman as quickly as feasible from restrictive housing4 7,c7 ,restrictive housing plan ,the official who makes a determination under subparagraph 7,a7 shall develop an individualized plan to move an incarcerated woman to less restrictive housing within a reasonable amount of time1 not to exceed #b days4 7,d7 ,monitoring ,an incarcerated woman who is placed in restrictive housing pursuant to this paragraph shall be-- 7i7 monitored every hour2 7ii7 placed in a location visible to correctional officers2 and 7iii7 prohibited from being placed in solitary confinement if the incarcerated woman is in her third trimester4 7c7 ,reports 7#a7 ,report to the director and health care professional after the use of restraints ,if an official identified in subsection 7b77#a7 or a correctional officer uses restraints on an incarcerated woman under subsection 7b71 that official 7or an officer or marshal designated by that official7 or correctional officer shall submit1 not later than #cj days after placing the woman in restraints1 to the ,director of the ,bureau of ,prisons or the ,director of the ,u4,s4 ,marshal ,service1 as applicable1 a written report which describes the facts and circumstances surrounding the use of restraints1 and includes each of the following3 7,a7 ,a description of all attempts to use alternative interventions and sanctions before the restraints were used4 7,b7 ,a description of the circumstances that led to the use of restraints4 7,c7 ,strategies the facility is putting in place to identify more appropriate alternative interventions should a similar situation arise again4 7#b7 ,report to ,congress ,beginning on the date that is #f months after the date of enactment of the ,protecting the ,health and ,wellness of ,babies and ,pregnant ,women in ,custody ,act1 and every #f months thereafter for a period of #aj years1 the ,attorney ,general shall submit to the ,committees on the ,judiciary of the ,house of ,representatives and the ,senate a report on-- 7,a7 the reasoning upon which the determination to use restraints was made2 7,b7 the details of the use of restraints1 including the type of restraints used and length of time during which restraints were used2 and 7,c7 any resulting physical effects on the prisoner observed by or known to the corrections official or ,united ,states ,marshal1 as applicable4 7#c7 ,report to the director and health care professional after placement in restrictive housing ,if an official identified in subsection 7b77#c71 correctional officer1 or ,united ,states ,marshal places or causes an incarcerated woman to be placed in restrictive housing under such subsection1 that official1 correctional officer1 or ,united ,states ,marshal shall submit1 not later than #cj days after placing or causing the placement of the incarcerated woman in restrictive housing1 to the ,director of the ,bureau of ,prisons or the ,director of the ,united ,states ,marshals ,service1 as applicable1 and to the health care professional responsible for the health and safety of the woman1 a written report which describes the facts and circumstances surrounding the restrictive housing placement1 and includes the following3 7,a7 ,the reasoning upon which the determination for the placement was made4 7,b7 ,the details of the placement1 including length of time of placement and how frequently and how many times the determination was made subsequent to the initial determination to continue the restrictive housing placement4 7,c7 ,a description of all attempts to use alternative interventions and sanctions before the restrictive housing was used4 7,d7 ,any resulting physical effects on the woman observed by or reported by the health care professional responsible for the health and safety of the woman4 7,e7 ,strategies the facility is putting in place to identify more appropriate alternative interventions should a similar situation arise again4 7#d7 ,report to ,congress ,beginning on the date that is #f months after the date of enactment of the ,protecting the ,health and ,wellness of ,babies and ,pregnant ,women in ,custody ,act1 and every #f months thereafter for a period of #aj years1 the ,attorney ,general shall submit to the ,committees on the ,judiciary of the ,house of ,representatives and the ,senate a report on the information described in paragraph 7#c74 7d7 ,notice ,not later than #bd hours after the confirmation of an incarcerated woman's pregnancy by a health care professional1 that woman shall be notified1 orally and in writing1 by an appropriate health care professional1 correctional officer1 or ,united ,states ,marshal1 as applicable-- 7#a7 of the restrictions on the use of restraints and restrictive housing placements under this section2 7#b7 of the incarcerated woman's right to make a confidential report of a violation of restrictions on the use of restraints or restrictive housing placement2 and 7#c7 that the facility staff have been advised of all rights of the incarcerated woman under subsection 7a74 7e7 ,violation reporting process ,not later than #ahj days after the date of enactment of this ,act1 the ,director of the ,bureau of ,prisons and the ,director of the ,united ,states ,marshals ,service shall establish processes through which an incarcerated person may report a violation of this section4 7f7 ,notification of rights ,the warden of the ,bureau of ,prisons facility where a pregnant woman is in custody shall notify necessary facility staff of the pregnancy and of the incarcerated pregnant woman's rights under subsection 7a74 7g7 ,retaliation ,it shall be unlawful for any ,bureau of ,prisons or ,united ,states ,marshal ,service employee to retaliate against an incarcerated person for reporting under the provisions of subsection 7e7 a violation of subsection 7a74 7h7 ,education ,not later than #ij days after the date of enactment of the ,protecting the ,health and ,wellness of ,babies and ,pregnant ,women in ,custody ,act1 the ,director of the ,bureau of ,prisons and the ,director of the ,united ,states ,marshals ,service shall each develop education guidelines regarding the physical and mental health needs of incarcerated pregnant women1 and the use of restraints and restrictive housing placements on incarcerated women during the period of pregnancy1 labor1 and postpartum recovery1 and shall incorporate such guidelines into appropriate education programs4 7i7 ,definition ,in this section3 7#a7 ,restraints ,the term restraints means any physical or mechanical device used to control the movement of an incarcerated pregnant woman's body1 limbs1 or both4 7#b7 ,restrictive housing ,the term restrictive housing means any type of detention that involves-- 7,a7 removal from the general inmate population1 whether voluntary or involuntary2 7,b7 placement in a locked room or cell1 whether alone or with another inmate2 and 7,c7 inability to leave the room or cell for the vast majority of the day4 4 7b7 ,clerical amendment ,the table of sections at the beginning of chapter #cag of title #ah1 ,united ,states ,code1 is amended by amending the item relating to section #dcbb to read as follows3 #dcbb4 ,use of restraints and restrictive housing on incarcerated women during the period of pregnancy1 labor1 and postpartum recovery prohibited and to improve pregnancy care for women in ,federal prisons4 4 #adaje4 ,treatment of women with high-risk pregnancies 7a7 ,in general ,chapter #cjc of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #djea4 ,treatment of incarcerated pregnant women 7a7 ,high-,risk pregnancy health care ,the ,director of the ,bureau of ,prisons shall ensure that each incarcerated pregnant woman receives health care appropriate for a high-risk pregnancy1 including obstetrical and gynecological care1 during pregnancy and post-partum recovery4 7b7 ,high-,risk pregnancies 7#a7 ,in general ,the ,director of the ,bureau of ,prisons shall transfer any incarcerated woman1 who is determined by a health care professional to have a high-risk pregnancy and who agrees to be transferred1 to a ,residential ,reentry ,center with adequate health care during her pregnancy and post-partum recovery4 7#b7 ,priority ,the ,residential ,reentry ,center to which an incarcerated pregnant woman is transferred pursuant to paragraph 7#a7 shall be in a geographical location that is close to the family members of the incarcerated pregnant woman4 ,in the case that a ,residential ,reentry ,center is unavailable1 the incarcerated pregnant woman shall be transferred to alternative housing1 including housing with a family member4 7#c7 ,transportation ,to transport an incarcerated pregnant woman to a ,residential ,reentry ,center1 the ,director of the ,bureau of ,prisons shall provide to the woman a mode of transportation that has been approved by the woman's health care professional1 at no expense to the woman4 7#d7 ,monitoring ,in the case that an incarcerated pregnant woman transferred to alternative housing pursuant to this section is monitored electronically1 an ankle monitor may not be used on the woman1 unless there is no feasible alternative for monitoring the woman4 7#e7 ,service of sentence ,any time accrued at a ,residential ,reentry ,center or alternative housing as a result of a transfer made pursuant to this section shall be credited toward service of the incarcerated pregnant woman's sentence4 7#f7 ,credit for pretrial custody ,in the case of an incarcerated pregnant woman1 any time accrued in pretrial custody shall be credited toward service of the woman's sentence4 7c7 ,definitions ,in this section3 7#a7 ,family member ,the term family member means any individual related by blood or affinity whose close association with the incarcerated pregnant woman is the equivalent of a family relationship1 including a parent1 sibling1 child1 or individual standing in loco parentis4 7#b7 ,residential ,reentry ,center ,the term ,residential ,reentry ,center means a ,bureau of ,prisons contracted residential reentry center4 7#c7 ,health care professional 7,a7 ,in general ,the term health care professional means-- 7i7 a doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the ,state in which the doctor practices2 7ii7 any physician's assistant or nurse practitioner who is supervised by a doctor of medicine or osteopathy described in clause 7i72 or 7iii7 any other person determined by the ,secretary to be capable of providing health care services4 7,b7 ,other health care services ,a person is capable of providing health care services if the person is-- 7i7 a podiatrist1 dentist1 clinical psychologist1 optometrist1 or chiropractor 7limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by ,x-ray to exist7 authorized to practice in the ,state and performing within the scope of their practice as defined under ,state law2 7ii7 a nurse practitioner1 nurse-midwife1 clinical social worker1 or physician's assistant who is authorized to practice under ,state law and who is performing within the scope of their practice as defined under ,state law2 and 7iii7 any health care professional from whom an employer or the employer's group health plan's benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits4 7,c7 ,authorized to practice in the ,state ,the term authorized to practice in the ,state means that a professional must be authorized to diagnose and treat physical or mental health conditions under the laws of the ,state in which the professional practices and where the facility is located4 7#d7 ,high-risk pregnancy ,the term high-risk pregnancy means1 with respect to an incarcerated woman1 that the pregnancy threatens the health or life of the woman or pregnancy1 as determined by a health care professional4 7#e7 ,post-partum recovery ,the term post-partum recovery means the #c-month period beginning on the date on which an incarcerated pregnant woman gives birth4 4 7b7 ,conforming amendment ,the table of sections for chapter #cjc of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #djea4 ,treatment of incarcerated pregnant women4 4 #adajf4 ,exemption of incarcerated pregnant women from the requirements for suits by prisoners ,section #g of the ,civil ,rights of ,institutionalized ,persons ,act 7#db ,u4,s4,c4 #aiig;e7 is amended-- 7#a7 in subsection 7a71 by inserting after the period at the end the following3 ,this subsection shall not apply with respect to an incarcerated pregnant woman who brings an action relating to or affecting the woman's pregnancy42 and 7#b7 in subsection 7d77#a71 insert 1 except an incarcerated pregnant woman1 before who is confined4 #adajg4 ,definitions ,in this ,act3 7#a7 ,in custody ,the term in custody means1 with respect to an individual1 that the individual is under the supervision of a ,federal1 ,state1 tribal or local correctional facility1 including pretrial and contract facilities1 and juvenile or medical or mental health facilities4 7#b7 ,other pregnancy outcome ,the term other pregnancy outcome means a pregnancy that ends in stillbirth1 miscarriage1 or ectopic pregnancy4 7#c7 ,postpartum recovery ,the term postpartum recovery means the #ab-week period1 or longer as determined by the health care professional responsible for the health and safety of the incarcerated pregnant woman1 following delivery1 and shall include the entire period that the incarcerated pregnant woman is in the hospital or infirmary4 7#d7 ,restraints ,the term restraints means any physical or mechanical device used to control the movement of an incarcerated pregnant woman's body1 limbs1 or both4 7#e7 ,restrictive housing ,the term restrictive housing means any type of detention that involves-- 7,a7 removal from the general inmate population1 whether voluntary or involuntary2 7,b7 placement in a locked room or cell1 whether alone or with another inmate2 and 7,c7 inability to leave the room or cell for the vast majority of the day4 #adajh4 ,education and technical assistance ,the ,director of the ,national ,institute of ,corrections shall provide education and technical assistance1 in conjunction with the appropriate public agencies1 at ,state and local correctional facilities that house women and facilities in which incarcerated women go into labor and give birth1 in order to educate the employees of such facilities1 including health personnel1 on the dangers and potential mental health consequences associated with the use of restrictive housing and restraints on incarcerated women during pregnancy1 labor1 and postpartum recovery1 and on alternatives to the use of restraints and restrictive housing placement4 #adaji4 ,bureau of ,prisons staff and ,u4,s4 ,marshals training 7a7 ,bureau of prisons training ,beginning not later than #ahj days after the date of enactment of this ,act1 and biannually thereafter1 the ,director of the ,bureau of ,prisons shall train each correctional officer at any ,bureau of ,prisons women's facility to carry out the requirements of this ,act4 7b7 ,new hires ,beginning not later than #ahj days after the date of enactment of this ,act1 the ,director of the ,bureau of ,prisons shall train any newly hired correctional officer at a ,bureau of ,prisons facility that houses women to carry out the requirements of this ,act not later than #cj days after the date on which the officer is hired4 7c7 ,u4,s4 ,marshal training ,beginning not later than #ahj days after the date of enactment of this ,act1 and biannually thereafter1 the ,director of the ,u4,s4 ,marshals ,service shall ensure that each ,deputy ,u4,s4 ,marshal is trained pursuant to the guidelines described in subsection 7d74 ,newly hired deputies shall receive such training not later than #cj days after the date on which such deputy starts employment4 7d7 ,guidelines ,the ,director of the ,bureau of ,prisons and the ,united ,states ,marshals ,service shall each develop guidelines on the treatment of incarcerated women during pregnancy1 labor1 and postpartum recovery and incorporate such guidelines in the training required under this section4 ,such guidelines shall include guidance on-- 7#a7 the transportation of incarcerated pregnant women2 7#b7 housing of incarcerated pregnant women2 7#c7 nutritional requirements for incarcerated pregnant women2 and 7#d7 the right of a health care professional to request that restraints not be used4 #adaaj4 ,,gao study on ,state and local correctional facilities ,the ,comptroller ,general of the ,united ,states shall conduct a study of services and protections provided for pregnant incarcerated women in local and ,state correctional settings1 including policies on obstetrical and gynecological care1 education on nutrition1 health and safety risks associated with pregnancy1 mental health and substance use treatment1 access to prenatal and post-delivery support services and programs1 the use of restraints and restrictive housing placement1 and the extent to which the intent of such policies are fulfilled4 #adaaa4 ,,gao study on ,federal pretrial detention facilities 7a7 ,study ,the ,comptroller ,general of the ,united ,states shall conduct a study of services and protections provided for pregnant women who are incarcerated in ,federal pretrial detention facilities4 ,specifically1 the study shall examine-- 7#a7 what available data indicate about pregnant women detained or held in ,federal pretrial detention facilities2 7#b7 existing ,u4,s4 ,marshals ,service policies and standards that address the care of pregnant women in ,federal pretrial detention facilities2 and 7#c7 what is known about the care provided to pregnant women in ,federal pretrial detention facilities4 7b7 ,report and best practices ,not later than #b years after the date of enactment of this ,act1 the ,comptroller ,general shall submit a report of the results of the study conducted under subsection 7a7 to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives4 ,the report shall identify best practices for ensuring that ,federal pretrial detention facilities implement services and protections for pregnant women consistent with this ,act and shall provide recommendations on how to implement these best practices among all ,federal pretrial detention facilities4 7c7 ,definition ,for purposes of this section1 the term ,federal pretrial detention facilities includes ,state1 local1 private1 or other facilities under contract with the ,u4,s4 ,marshals ,service for the purpose of housing ,federal pretrial detainees4 #adaab4 ,,pwic grant program ,section #ejh of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaea et seq47 is amended to read as follows3 #ejh4 ,pregnant women in custody grant program 7a7 ,short title ,this section may be cited as the ,pregnant ,women in ,custody ,grant ,program of #bjbj or the ,,pwic ,act of #bjbj4 7b7 ,establishment ,the ,attorney ,general may make grants to eligible entities that have established a program to promote the health needs of incarcerated pregnant women in the criminal justice system at the ,state1 tribal1 and local levels or have declared their intent to establish such a program4 ,eligible entities shall-- 7#a7 promote the safety and wellness of pregnant women in custody2 7#b7 provide services for obstetrical and gynecological care1 for women in custody2 7#c7 facilitate resources and support services for nutrition and physical and mental health1 for women in custody2 7#d7 establish and maintain policies that are substantially similar to the limitations imposed under section #dcbb of title #ah1 ,united ,states ,code1 limiting the use of restraints on pregnant women in custody2 and 7#e7 maintain1 establish1 or build post-delivery lactation and nursery care or residential programs to keep the infant with the mother and to promote and facilitate bonding skills for incarcerated pregnant women and women with dependent children4 7c7 ,grant period ,a grant awarded under this section shall be for a period of not more than #e years4 7d7 ,eligible entity ,an entity is eligible for a grant under this section if the entity is-- 7#a7 a ,state or territory department of corrections2 7#b7 a tribal entity that operates a correctional facility2 or 7#c7 a unit of local government that operates a prison or jail that houses women2 or 7#d7 a locally-based nonprofit organization1 that has partnered with a ,state or unit of local government that operates a correctional facility1 with expertise in providing health services to incarcerated pregnant women4 7e7 ,application ,to receive a grant under this section1 an eligible entity shall submit an application to the ,attorney ,general at such time1 in such manner1 and containing such information as the ,attorney ,general may require1 including a detailed description of the need for the grant and an account of the number of individuals the grantee expects to benefit from the grant4 7f7 ,administrative costs ,not more than #e percent of a grant awarded under this section may be used for costs incurred to administer such grant4 7g7 ,construction costs ,notwithstanding any other provision of this ,act1 no funds provided under this section may be used1 directly or indirectly1 for construction projects1 other than new construction or upgrade to a facility used to provide lactation1 nursery1 obstetrical1 or gynecological services4 7h7 ,priority funding for ,states that provide programs and services for incarcerated women related to pregnancy and childbirth ,in determining the amount provided to a ,state or unit of local government under this section1 the ,attorney ,general shall give priority to ,states or units of local government that have enacted laws or policies and implemented services or pilot programs for incarcerated pregnant women aimed at enhancing the safety and wellness of pregnant women in custody1 including providing services for obstetrical and gynecological care1 resources and support services for nutrition and physical and mental health1 and post-delivery lactation and nursery care or residential programs to keep the infant with the mother and to promote and facilitate bonding skills for incarcerated pregnant women and women with dependent children4 7i7 ,subgrant priority ,a ,state that receives a grant under this section shall prioritize subgrants to a unit of local government within the ,state that has established a pilot program that enhances safety and wellness of pregnant women in custody4 7j7 ,federal share 7#a7 ,in general ,the ,federal share of a grant under this section may not exceed #ge percent of the total costs of the projects described in the grant application4 7#b7 ,waiver ,the requirement of paragraph 7#a7 may be waived by the ,assistant ,attorney ,general upon a determination that the financial circumstances affecting the applicant warrant a finding that such a waiver is equitable4 7k7 ,compliance and redirection of funds 7#a7 ,in general ,not later than #a year after an eligible entity receives a grant under this section1 such entity shall implement a policy that is substantially similar to the policy under section #c of ,protecting the ,health and ,wellness of ,babies and ,pregnant ,women in ,custody ,act4 7#b7 ,extension ,the ,attorney ,general may provide a #abj-;day extension to an eligible entity that is making good faith efforts to collect the information required under paragraph 7#a74 7l7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section1 to remain available until expended-- 7#a7 for fiscal year #bjba1 #e1jjj1jjj2 7#b7 for fiscal year #bjbb1 #e1jjj1jjj2 7#c7 for fiscal year #bjbc1 #e1jjj1jjj2 7#d7 for fiscal year #bjbd1 #f1jjj1jjj2 and 7#e7 for fiscal year #bjbe1 #f1jjj1jjj4 7m7 ,funds ,to be supplemental ,to receive a grant under this section1 the eligible entity shall certify to the ,attorney ,general that the amounts received under the grant shall be used to supplement1 not supplant1 non-,federal funds that would otherwise be available for programs or services in the prison where funds will be used4 7n7 ,unobligated and unspent funds ,funds made available pursuant to this section that remain unobligated for a period of #f months after the end of the fiscal year for which the funds have been appropriated shall be awarded to other recipients of this grant4 7o7 ,civil rights obligation ,a recipient of a grant under this section shall be subject to the nondiscrimination requirement under section #djjjb7;b77#ac7 of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abbia7;b77#ac774 7p7 ,definitions ,in this section1 the term in custody means1 with respect to an individual1 that the individual is under the supervision of a ,federal1 ,state1 tribal1 or local correctional facility1 including pretrial and contract facilities1 and juvenile or medical or mental health facilities4 4 #adaac4 ,placement in prerelease custody ,section #cfbd7;c77#a7 of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 ,notwithstanding any other provision of this paragraph1 in the case of a pregnant woman in custody1 if that woman's due date is within the final year of her term of imprisonment1 that woman may be placed into prerelease custody beginning not earlier than the date that is #b months prior to that woman's due date44 ,,pp ,resources for ,victims of ,gun ,violence ,act #bjbj #adbja4 ,short title ,this subtitle may be cited as the ,resources for ,victims of ,gun ,violence ,act of #bjbj4 #adbjb4 ,findings ,congress finds the following3 7#a7 ,in the ,united ,states1 approximately #ajj individuals are killed with guns every day1 and more than #cf1jjj individuals die from gun violence every year4 ,approximately #ajj1jjj more individuals survive gun-related injuries every year4 7#b7 ,the approximately #ajj1jjj individuals who survive gun-related injuries every year in the ,united ,states face a life-long process of physical and emotional healing1 in addition to the heavy economic costs faced by those survivors1 their families and communities1 and society as a whole4 ,according to a recent national poll1 #d percent of adults alive in the ,united ,states as of the date of the poll1 or an estimated #aj1jjj1jjj people1 have been shot and injured in their lifetimes4 7#c7 ,nearly two-thirds of gun-related deaths in the ,united ,states are suicides4 ,suicide attempts involving firearms are uniquely lethal3 while less than #e percent of suicide attempts not involving a firearm result in death1 approximately #he percent of suicide attempts involving a firearm end in death4 ,according to a #bjah report by the ,department of ,veterans ,affairs1 veterans are about #a4e times as likely as civilians to die by suicide1 and #fi4d percent of veteran suicides in #bjaf resulted from a firearm injury4 7#d7 ,more than one-third of gun-related deaths in the ,united ,states are homicides1 and in #bjaj1 the gun homicide rate in the ,united ,states was #be4b times higher than in #bb other high-income countries4 7#e7 ,gun homicides in the ,united ,states occur disproportionately in cities1 particularly in racially segregated neighborhoods with high rates of poverty4 ,gun homicide disproportionately affects communities of color1 and ,black ,americans represent the majority of gun homicide victims4 7#f7 ,more than #cbe mass shootings took place in the ,united ,states in #bjah1 and more than #a1ijj mass shootings have taken place since the shooting at ,sandy ,hook ,elementary ,school in ,newtown1 ,connecticut1 in #bjab4 ,fifty-four percent of mass shootings are related to domestic or family violence4 7#g7 ,firearms are the second leading cause of death for children and teenagers and the first leading cause of death for ,black children and teenagers in the ,united ,states4 ,every year1 nearly #c1jjj children and teenagers are shot and killed1 and approximately #ae1fjj are shot and injured4 7#h7 ,during an average year in the ,united ,states1 more than #fjj women are shot to death by an intimate partner1 and many more women are shot and injured by an intimate partner4 ,nearly #a1jjj1jjj women in the ,united ,states who are alive as of the date of enactment of this ,act have been shot or shot at by an intimate partner1 and approximately #d1ejj1jjj women alive as of that date have been threatened with a gun by an intimate partner4 7#i7 ,more than #aj1cjj violent hate crimes committed in the ,united ,states in an average year involve a gun1 or more than #bh each day4 ,the vast majority of hate crimes are directed against communities of color1 religious minorities1 and lesbian1 gay1 bisexual1 transgender1 and queer 7commonly known as ,,lgbtq7 people4 #adbjc4 ,definitions ,in this subtitle3 7#a7 ,advisory council ,the term ,advisory ,council means the ,advisory ,council to ,support ,victims of ,gun ,violence established under section #adbjd4 7#b7 ,appropriate committees ,the term appropriate committees means the following3 7,a7 ,the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate4 7,b7 ,the ,committee on the ,judiciary of the ,senate4 7,c7 ,the ,committee on ,education and ,labor of the ,house of ,representatives4 7,d7 ,the ,committee on ,energy and ,commerce of the ,house of ,representatives4 7,e7 ,the ,committee on the ,judiciary of the ,house of ,representatives4 7,f7 ,any other relevant committee of the ,senate or of the ,house of ,representatives with jurisdiction over matters affecting victims of gun violence4 7#c7 ,gun violence ,the term gun violence means-- 7,a7 suicide involving firearms2 7,b7 homicide involving firearms2 7,c7 domestic violence involving firearms2 7,d7 hate crimes involving firearms2 7,e7 youth violence involving firearms2 7,f7 mass shootings2 7,g7 unintentional shootings2 7,h7 nonfatal shootings2 and 7,i7 threats or exposure to violent acts involving firearms4 7#d7 ,victim of gun violence ,the term victim of gun violence means-- 7,a7 an individual who has been wounded as a result of gun violence2 7,b7 an individual who has been threatened with an act of gun violence2 7,c7 an individual who has witnessed an act of gun violence2 and 7,d7 a relative1 classmate1 coworker1 or other associate of-- 7i7 an individual who has been killed as a result of gun violence2 or 7ii7 an individual described in subparagraph 7,a7 or 7,b74 7#e7 ,victim assistance professional ,the term victim assistance professional means a professional who assists victims of gun violence1 including-- 7,a7 a medical professional1 including an emergency medical professional2 7,b7 a social worker2 7,c7 a provider of long-term services or care2 and 7,d7 a victim advocate4 #adbjd4 ,advisory ,council to ,support ,victims of ,gun ,violence 7a7 ,establishment ,there is established an ,advisory ,council to ,support ,victims of ,gun ,violence4 7b7 ,membership 7#a7 ,in general ,the ,advisory ,council shall be composed of the following members or their designees3 7,a7 ,the ,secretary of ,health and ,human ,services4 7,b7 ,the ,attorney ,general4 7,c7 ,the ,secretary of ,education4 7,d7 ,the ,secretary of ,housing and ,urban ,development4 7,e7 ,the ,secretary of ,veterans ,affairs4 7,f7 ,the ,commissioner of the ,social ,security ,administration4 7,g7 ,the ,assistant ,secretary for ,mental ,health and ,substance ,use4 7,h7 ,the ,director of the ,centers for ,disease ,control and ,prevention4 7,i7 ,the ,director of the ,national ,institutes of ,health4 7,j7 ,the ,administrator of the ,administration for ,community ,living4 7,k7 ,the ,director of the ,office on ,violence ,against ,women4 7,l7 ,the ,director of the ,office for ,victims of ,crime4 7,m7 ,the chairman of the ,board of the ,legal ,services ,corporation4 7,n7 ,as appropriate1 the head of any other ,federal department or agency identified by the ,secretary of ,health and ,human ,services as having responsibilities1 or administering programs1 relating to issues affecting victims of gun violence4 7#b7 ,additional members ,in addition to the members described in paragraph 7#a71 the ,advisory ,council shall be composed of the following3 7,a7 ,not fewer than #b and not more than #e victims of gun violence1 who shall be appointed by the ,secretary of ,health and ,human ,services4 7,b7 ,not fewer than #b and not more than #e victim assistance professionals1 who shall be appointed by the ,secretary of ,health and ,human ,services4 7#c7 ,lead agency ,the ,department of ,health and ,human ,services shall be the lead agency for the ,advisory ,council4 7c7 ,duties 7#a7 ,assessment ,the ,advisory ,council shall-- 7,a7 survey victims of gun violence and victim assistance professionals about their needs in order to inform the content of information disseminated under paragraph 7#b7 and the report published under paragraph 7#c72 7,b7 conduct a literature review and assess past or ongoing programs designed to assist victims of gun violence or individuals with similar needs to determine-- 7i7 the effectiveness of the programs2 and 7ii7 best and promising practices for assisting victims of gun violence2 and 7,c7 assess the administration of compensation funds established after mass shootings to determine best and promising practices to direct victims of gun violence to sources of funding4 7#b7 ,information 7,a7 ,in general ,the ,advisory ,council shall identify1 promote1 coordinate1 and disseminate to the public information1 resources1 and best and promising practices available to help victims of gun violence-- 7i7 meet their medical1 financial1 educational1 workplace1 housing1 transportation1 assistive technology1 and accessibility needs2 7ii7 maintain their mental health and emotional well-being2 7iii7 seek legal redress for their injuries and protection against any ongoing threats to their safety2 and 7iv7 access government programs1 services1 and benefits for which they may be eligible or to which they may be entitled4 7,b7 ,contact information ,the ,advisory ,council shall include in the information disseminated under subparagraph 7,a7 the websites and telephone contact information for helplines of relevant ,federal agencies1 ,state agencies1 and nonprofit organizations4 7,c7 ,availability ,the ,advisory ,council shall make the information described in subparagraphs 7,a7 and 7,b7 available-- 7i7 online through a public website2 and 7ii7 by submitting a hard copy and making available additional hard copies to-- 7,i7 each ,member of ,congress2 7,,ii7 each field office of the ,social ,security ,administration2 7,,iii7 each ,state agency that is responsible for administering health and human services1 for dissemination to medical facilities2 7,,iv7 each ,state agency that is responsible for administering education programs1 for dissemination to schools2 and 7,v7 the office of each ,state attorney general1 for dissemination to local prosecutor's offices4 7#c7 ,report ,not later than #ahj days after the date of enactment of this ,act1 the ,advisory ,council shall-- 7,a7 prepare a report that-- 7i7 includes the best and promising practices1 resources1 and other useful information for victims of gun violence identified under paragraph 7#b72 7ii7 identifies any gaps in items described in clause 7i72 and 7iii7 if applicable1 identifies any additional ,federal or ,state legislative authority necessary to implement the activities described in clause 7i7 or address the gaps described in clause 7ii72 7,b7 submit the report prepared under subparagraph 7,a7 to-- 7i7 the appropriate committees2 7ii7 each ,state agency that is responsible for administering health and human services2 7iii7 each ,state agency that is responsible for administering education programs2 and 7iv7 the office of each ,state attorney general2 and 7,c7 make the report prepared under subparagraph 7,a7 available to the public online in an accessible format4 7#d7 ,follow-up report ,not later than #b years after the date on which the ,advisory ,council prepares the report under paragraph 7#c71 the ,advisory ,council shall-- 7,a7 submit to the entities described in subparagraph 7,b7 of that paragraph a follow-up report that includes the information identified in subparagraph 7,a7 of that paragraph2 and 7,b7 make the follow-up report described in subparagraph 7,a7 available to the public online in an accessible format4 7#e7 ,public input 7,a7 ,in general ,the ,advisory ,council shall establish a process to collect public input to inform the development of1 and provide updates to1 the best and promising practices1 resources1 and other information described in paragraph 7#b71 including by conducting outreach to entities and individuals described in subparagraph 7,b7 of this paragraph that-- 7i7 have a range of experience with the types of gun violence described in section #adbjc7c72 and 7ii7 include representation from communities disproportionately affected by gun violence4 7,b7 ,entities and individuals ,the entities and individuals described in this subparagraph are-- 7i7 ,states1 local governments1 and organizations that provide information to1 or support for1 victims of gun violence2 7ii7 victims of gun violence2 and 7iii7 victim assistance professionals4 7,c7 ,nature of outreach ,in conducting outreach under subparagraph 7,a71 the ,advisory ,council shall ask for input on-- 7i7 information1 resources1 and best and promising practices available1 including identification of any gaps and unmet needs2 7ii7 recommendations that would help victims of gun violence-- 7,i7 better meet their medical1 financial1 educational1 workplace1 housing1 transportation1 assistive technology1 and accessibility needs2 7,,ii7 maintain their mental health and emotional well-being2 7,,iii7 seek legal redress for their injuries and protection against any ongoing threats to their safety2 and 7,,iv7 access government programs1 services1 and benefits for which the victims may be eligible or to which the victims may be entitled2 and 7iii7 any other subject areas discovered during the process that would help victims of gun violence4 7d7 ,,faca ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to the ,advisory ,council4 7e7 ,funding ,no additional funds are authorized to be appropriated to carry out this ,act4 7f7 ,sunset ,the ,advisory ,council shall terminate on the date that is #e years after the date of establishment of the ,advisory ,council4 ,,qq ,the ,one ,stop ,shop ,community ,reentry ,program ,act of #bjbj #adcja4 ,short title ,this subtitle may be cited as the ,the ,one ,stop ,shop ,community ,reentry ,program ,act of #bjbj4 #adcjb4 ,community reentry center grant program 7a7 ,program authorized ,the ,attorney ,general is authorized to carry out a grant program to make grants to eligible entities for the purpose of creating community reentry centers4 7b7 ,application requirements ,each application for a grant under this section shall-- 7#a7 demonstrate a plan to work with community leaders who interact with formerly incarcerated people and their families to-- 7,a7 identify specific strategies and approaches to providing reentry services2 7,b7 develop a needs assessment tool to survey or conduct focus groups with community members in order to identify-- 7i7 the needs of individuals returning to the community after conviction or incarceration1 and the barriers such individuals face2 and 7ii7 the needs of the families and communities to which such individuals are returning2 and 7,c7 use the information gathered pursuant to subparagraph 7,b7 to determine the reentry services to be provided by the community reentry center2 7#b7 identify the correctional institutions from which individuals who are released from incarceration are likely to reenter the community served by the community reentry center1 and a plan1 if any1 to provide transportation for such released individuals to the community reentry center1 the individual's residence1 or to a location where the individual is ordered by a court to report2 7#c7 demonstrate a plan to provide accessible notice of the location of the reentry intake and coordination center and the services that it will provide 7either directly or on a referral basis71 including1 where feasible1 within and outside of correctional institutions identified under paragraph 7#a72 7#d7 demonstrate a plan to provide intake and reentry needs assessment that is trauma-informed and gender-responsive after an individual is released from a correctional institution1 or1 in the case of an individual who is convicted of an offense and not sentenced to a term of imprisonment1 after such conviction1 and where feasible1 before release1 to ensure that the individuals served by the center are referred to appropriate reentry services based on the individual's needs immediately upon release from a correctional institution or after conviction1 and continuously thereafter as needed2 7#e7 demonstrate a plan to provide the reentry services identified in paragraph 7#a77;,c72 7#f7 demonstrate a plan to continue to provide services 7including through referral7 for individuals served by the center who move to a different geographic area to ensure appropriate case management1 case planning1 and access to continuous or new services where necessary and based on consistent reevaluation of needs2 and 7#g7 identify specific methods that the community reentry center will employ to achieve performance objectives among the individuals served by the center1 including-- 7,a7 increased access to and participation in reentry services2 7,b7 reduction in recidivism rates2 7,c7 increased numbers of individuals obtaining and retaining employment2 7,d7 increased enrollment in and degrees earned from educational programs1 including high school1 ,,ged1 and institutions of higher education2 7,e7 increased numbers of individuals obtaining and maintaining housing2 and 7,f7 increased self-reports of successful community living1 including stability of living situation and positive family relationships4 7c7 ,preference ,the ,attorney ,general shall give preference to applicants that demonstrate that they seek to employ individuals who have been convicted of an offense1 or served a term of imprisonment or that1 to the extent allowable by law1 employ such formerly incarcerated individuals in positions of responsibility4 7d7 ,evaluation and report 7#a7 ,evaluation ,the ,attorney ,general shall enter into a contract with a nonprofit organization with expertise in analyzing data related to reentry services and recidivism to monitor and evaluate each recipient of a grant and each community reentry center receiving funds under this section on an ongoing basis4 7#b7 ,administrative burden ,the nonprofit organization described in paragraph 7#a7 shall provide administrative support to assist recipients of grants authorized by this ,act to comply with the conditions associated with the receipt of funding from the ,department of ,justice4 7#c7 ,report ,not later than one year after the date on which grants are initially made under this section1 and annually thereafter1 the ,attorney ,general shall submit to ,congress a report on the program1 which shall include-- 7,a7 the number of grants made1 the number of eligible entities receiving such grants1 and the amount of funding distributed to each eligible entity pursuant to this section2 7,b7 the location of each eligible entity receiving such a grant1 and the population served by the community reentry center2 7,c7 the number of persons who have participated in reentry services offered by a community reentry center1 disaggregated by type of services1 and success rates of participants in each service to the extent possible2 7,d7 the number of persons who have participated in reentry services for which they received a referral from a community reentry center1 disaggregated by type of services1 and success rates of participants in each service2 7,e7 recidivism rates within the population served by each community reentry center1 both before and after receiving a grant under this section2 7,f7 the number of individuals obtaining and retaining employment within the population served by each community reentry center1 both before and after receiving a grant under this section2 and 7,g7 the number of individuals obtaining and maintaining housing within the population served by each community reentry center1 both before and after receiving a grant under this section4 7e7 ,definitions ,in this section3 7#a7 ,the term eligible entity means a community-based nonprofit organization that-- 7,a7 has expertise in the provision of reentry services2 and 7,b7 is located in a geographic area that has disproportionately high numbers of residents who-- 7i7 have been arrested2 7ii7 have been convicted of a criminal offense2 and 7iii7 return to such geographic area after incarceration4 7#b7 ,the term community reentry center means a center that-- 7,a7 offers intake1 reentry needs assessments1 case management1 and case planning for reentry services for individuals returning to the community after conviction or incarceration2 7,b7 provides the reentry services identified under subsection 7b77#a77;,c7 at a single location2 and 7,c7 provides referrals to appropriate service providers based on the assessment of needs of the individual4 7#c7 ,the term reentry services means comprehensive and holistic services that improve outcomes for individuals returning to the community after conviction or incarceration1 and may include-- 7,a7 seeking and maintaining employment1 including through assistance with drafting resumes1 establishing emails accounts1 locating job solicitations1 submission of job applications1 and preparation for interviews2 7,b7 placement in job placement programs that partner with private employers2 7,c7 obtaining free and low-cost job skills classes1 including computer skills1 technical skills1 vocational skills1 and any other job-related skills2 7,d7 locating and maintaining housing1 which may include counseling on public housing opportunities1 assistance with applications for public housing benefits1 and locating and securing temporary or long-term shelter2 7,e7 obtaining identification cards and driver's licenses2 7,f7 registering to vote1 and applying for voting rights to be restored1 where permitted by law2 7,g7 applying for or accessing ,,ged courses2 7,h7 applying for loans for and admission to institutions of higher education2 7,i7 financial counseling2 7,j7 legal assistance or referrals for record expungement1 forfeiture of property or assets1 family law and custody matters1 legal aid services 7including other civil legal aid services71 and relevant civil matters including housing and other issues2 7,k7 retrieving property or funds retained by the arresting agency or facility of incarceration1 or retrieving property or funds obtained while incarcerated2 7,l7 transportation1 including through provision of transit fare2 7,m7 familial counseling2 7,n7 problem-solving1 in coordination with counsel where necessary1 any difficulties in compliance with court-ordered supervision requirements1 including restrictions on living with certain family members1 contact with certain friends1 bond requirements1 location and residency restrictions1 electronic monitoring compliance1 court-ordered substance abuse1 and other court-ordered requirements2 7,o7 communication needs1 including providing a mobile phone1 mobile phone service or access1 or internet access2 7,p7 applying for ,state or ,federal government benefits1 where eligible2 7,r7 life skills assistance2 7,s7 mentorship2 7,t7 medical and mental health services1 and cognitive-behavioral programming2 7,u7 substance abuse treatment2 and 7,v7 reactivation1 application for1 and maintaining professional or other licenses4 7#d7 ,the term community leader means an individual who serves the community in a leadership role1 including-- 7,a7 a school official2 7,b7 a faith leader2 7,c7 a social service provider2 7,d7 a member of a neighborhood association2 7,e7 a public safety representative2 7,f7 an employee of an organization that provides reentry services2 7,g7 a member of a civic or volunteer group related to the provision of reentry services2 7,h7 a health care professional2 and 7,i7 an employee of a ,state1 local1 or tribal government agency with expertise in the provision of reentry services4 7f7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated #aj1jjj1jjj for each of fiscal years #bjba through #bjbe to carry out this section4 7#b7 ,equitable distribution ,the ,attorney ,general shall ensure that grants awarded under this section are equitably distributed among the geographical regions and between urban and rural populations1 including ,indian ,tribes1 consistent with the objective of reducing recidivism4 #adcjc4 ,grants for reentry services assistance hotlines 7a7 ,grants authorized 7#a7 ,in general ,the ,attorney ,general is authorized to make grants to ,states and units of local government to operate reentry services assistance hotlines that are toll-free and operate #bd hours a day1 #g days a week4 7#b7 ,grant period ,a grant made under paragraph 7#a7 shall be for a period of not more than #e years4 7b7 ,hotline requirements ,a grant recipient shall ensure1 with respect to a hotline funded by a grant under subsection 7a71 that-- 7#a7 the hotline directs individuals to local reentry services 7as such term is defined in section #adcjb7;e772 7#b7 any personally identifiable information that an individual provides to an agency of the ,state through the hotline is not directly or indirectly disclosed1 without the consent of the individual1 to any other agency or entity1 or person2 7#c7 the staff members who operate the hotline are trained to be knowledgeable about-- 7,a7 applicable ,federal1 ,state1 and local reentry services2 and 7,b7 the unique barriers to successful reentry into the community after a person has been convicted or incarcerated2 7#d7 the hotline is accessible to-- 7,a7 individuals with limited ,english proficiency1 where appropriate2 and 7,b7 individuals with disabilities2 7#e7 the hotline has the capability to engage with individuals using text messages4 7c7 ,best practices ,the ,attorney ,general shall issue guidance to grant recipients on best practices for implementing the requirements of subsection 7b74 7d7 ,preference ,the ,attorney ,general shall give preference to applicants that demonstrate that they seek to employ individuals to operate the hotline who have been convicted of an offense1 or served a term of imprisonment4 7e7 ,authorization of appropriations ,there is authorized to be appropriated #a1ejj1jjj for each of fiscal years #bjba through #bjbe to carry out this section4 ,,rr ,put ,trafficking ,victims ,first ,act of #bjbj #addja4 ,short title ,this subtitle may be cited as the ,put ,trafficking ,victims ,first ,act of #bjbj4 #addjb4 ,training for prosecutions of traffickers and support for ,state services for victims of trafficking ,it is the sense of ,congress that a portion of the funds available for training and technical assistance under section #ajg7;b77#b77;,b77ii7 of the ,victims of ,trafficking and ,violence ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gaje7;b77#b77;,b77ii77 should be devoted to advancing the following goals3 7#a7 ,increasing the personal safety of victim service providers1 who may face intimidation or retaliation for their activities4 7#b7 ,promoting a trauma-informed1 evidence-based1 and victim-centered approach to the provision of services for victims of trafficking4 7#c7 ,ensuring that law enforcement officers and prosecutors make every attempt to determine whether an individual is a victim of human trafficking before arresting the individual for1 or charging the individual with1 an offense that is a direct result of the victimization of the individual4 7#d7 ,effectively prosecuting traffickers and individuals who patronize or solicit children for sex1 and facilitating access for child victims of commercial sex trafficking to the services and protections afforded to other victims of sexual violence4 7#e7 ,encouraging ,states to improve efforts to identify and meet the needs of human trafficking victims1 including through internet outreach and other methods that are responsive to the needs of victims in their communities4 7#f7 ,ensure victims of trafficking1 including ,united ,states citizens1 lawful permanent residents1 and foreign nationals are eligible for services4 #addjc4 ,working to develop methodologies to assess prevalence of human trafficking 7a7 ,working group 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,attorney ,general1 in consultation with other ,federal entities engaged in efforts to combat human trafficking1 shall establish an expert working group1 which shall include survivors of human trafficking1 experts on sex and labor trafficking1 representatives from organizations collecting data on human trafficking1 and law enforcement officers4 ,the working group shall1 utilizing1 to the extent practicable1 existing efforts of agencies1 task forces1 ,states1 localities1 tribes1 research institutions1 and organizations-- 7,a7 identify barriers to the collection of data on the incidence of sex and labor trafficking2 and 7,b7 recommend practices to promote better data collection and analysis4 7#b7 ,pilot testing ,not later than #c years after the date of enactment of this ,act1 the ,attorney ,general shall implement a pilot project to test promising methodologies studied under paragraph 7#a74 7b7 ,report 7#a7 ,in general ,not later than #c years after the date of enactment of this ,act1 the ,attorney ,general1 in consultation with the ,secretary of ,labor1 the ,secretary of ,health and ,human ,services1 the ,secretary of ,homeland ,security1 and the ,director of the ,human ,smuggling and ,trafficking ,center1 shall submit to ,congress a report on-- 7,a7 ,federal efforts to estimate the prevalence of human trafficking at the national and regional levels2 7,b7 the effectiveness of current policies and procedures to address the needs of victims of trafficking2 and 7,c7 an analysis of demographic characteristics of victims of trafficking in different regions of the ,united ,states and recommendations for how to address the unique vulnerabilities of different victims4 7#b7 ,input from relevant parties ,in developing the report under paragraph 7#a71 the ,attorney ,general shall seek input from the ,united ,states ,advisory ,council on ,human ,trafficking1 victims of trafficking1 human trafficking survivor advocates1 service providers for victims of sex and labor trafficking1 and the ,president's ,interagency ,task ,force on ,human ,trafficking4 7c7 ,survey ,not later than #b years after the date of enactment of this ,act1 the ,attorney ,general1 in coordination with ,federal1 ,state1 local1 and ,tribal governments1 and private organizations1 including victim service providers and expert researchers1 shall develop and execute a survey of survivors seeking and receiving victim assistance services for the purpose of improving the provision of services to human trafficking victims and victim identification in the ,united ,states4 ,survey results shall be made publicly available on the website of the ,department of ,justice4 7d7 ,no additional funds ,no additional funds are authorized to carry out this section4 #addjd4 ,report on prosecutors seeking restitution in trafficking cases ,not later than #a year after the date of enactment of this ,act1 the ,attorney ,general1 in consultation with the ,administrative ,office of the ,united ,states ,courts1 shall submit to ,congress a report on efforts to increase restitution to victims of human trafficking4 #addje4 ,sense of ,congress encouraging ,states to adopt protections for victims of trafficking ,congress recognizes and applauds the ,state legislative bodies that have taken tremendous steps to adopt protections and services for victims of trafficking4 ,congress encourages ,states to-- 7#a7 uphold the dignity of human trafficking survivors2 7#b7 ensure the safety1 confidentiality1 and well-being of victims of trafficking1 while recognizing symptoms of trauma and coping mechanisms that may impact victims' interactions with law enforcement1 the justice system1 and service providers2 7#c7 implement screening mechanisms to identify and extend appropriate services to children in the custody of child protective services agencies1 the juvenile justice system1 or the criminal justice system who are victims of trafficking2 7#d7 promote greater access to child welfare services for1 rather than criminalization of1 child victims of sex trafficking2 7#e7 develop a #bd-;hour emergency response plan by which victims of human trafficking may receive immediate protection1 shelter1 and support from a victim assistance coordinator when those victims are first identified2 7#f7 adopt protections for adult victims of trafficking1 such as protection if the victim's safety is at risk1 comprehensive trauma-informed1 long-term1 culturally competent care and healing services1 mental health services to relieve traumatic stress1 housing1 education 7including1 where appropriate1 vocational training and employment assistance71 mentoring1 language assistance1 drug and substance abuse services1 and legal services2 7#g7 ensure that child sex trafficking victims are treated as children in need of child protective services and receive appropriate care in the child welfare1 rather than juvenile justice1 system2 7#h7 encourage the adoption of procedures for human trafficking victims that are consistent with those afforded to victims of sexual assault1 rape1 child sexual abuse1 or incest to allow human trafficking victim to clear records1 expunge convictions1 and vacate adjudications related to prostitution and nonviolent offenses that arose as a direct result of being trafficked1 including protections for foreign nationals who are being removed and those who are losing or determined to be inadmissible for immigration benefits as a result of the aforementioned human trafficking victim related conviction or arrest2 and 7#i7 ensure victims of trafficking1 including ,united ,states citizens1 lawful permanent residents1 and foreign nationals are eligible for services4 ,,ss ,wakeshia's ,law #adeja4 ,short title ,this subtitle may be cited as the ,family ,notification of ,death in ,custody or ,life-,threatening ,emergency ,act of #bjbj or the ,wakiesha's ,law4 #adejb4 ,purpose ,to encourage ,state1 local and tribal jurisdictions to implement and enforce appropriate and time-sensitive procedures to notify the next-of-kin or designated person upon the death or life-threatening emergency of an individual who is in the custody of law enforcement4 #adejc4 ,compliance and ineligibility 7a7 ,compliance 7#a7 ,federal law enforcement agencies ,each ,federal law enforcement agency shall take such actions as may be necessary to ensure compliance with the requirements of sections #adejd and #adeje4 7#b7 ,states and localities ,for purposes of this section1 a ,state or unit of local government is a noncompliant jurisdiction if that ,state or unit of local government does not establish1 implement1 or enforce a law1 policy1 or procedure to ensure compliance with the requirements of sections #adejd and #adeje4 7b7 ,reduction of grant funds ,for each fiscal year beginning after the date of enactment of this ,act1 a ,state shall be subject to a #aj-percent reduction of the funds that would otherwise be allocated for the fiscal year to the ,state under subpart #a of part ,e of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgej et seq471 whether characterized as the ,edward ,byrne ,memorial ,state and ,local ,law ,enforcement ,assistance ,programs1 the ,local ,government ,law ,enforcement ,block ,grants ,program1 the ,edward ,byrne ,memorial ,justice ,assistance ,grant ,program1 or otherwise1 if during the prior fiscal year-- 7#a7 the ,state was a noncompliant jurisdiction2 or 7#b7 a unit of local government was a noncompliant jurisdiction4 7c7 ,reallocation of funds ,amounts not allocated accordingly to a ,state for failure to fully comply with this ,act shall be reallocated under that program to ,states that have complied with this ,act4 #adejd4 ,information required upon arrest or detention 7a7 ,in general ,in the case of an individual taken into the custody of a law enforcement agency1 the agency shall1 at the time of taking custody1 including during an arrest1 during or prior to booking or intake screening as a new commitment1 in transfer from another institution1 as a court return1 as a return from a writ1 or as a holdover1 obtain basic identification information for the individual1 including his or her name1 date of birth1 and last known address1 as well as ensuring that the information is accurate and complete4 ,the individual may not be placed into any correctional institution prior to the acquisition and confirmation of such information4 7b7 ,emergency notification information ,the receiving institution or agency shall also obtain the name1 relationship1 and contact information1 including mailing address and one or more phone numbers1 of at least one person or next-of-kin to be notified in case of death or emergency4 ,in all instances where counsel has entered appearance on the record as a representative for the individual1 the attorney listed shall by default be listed as the designated emergency contact4 ,the attorney contact shall be provided in addition to the contact or contacts provided by the individual4 7c7 ,no use in proceedings ,under no circumstances may any information obtained for the purpose of identifying a next-of-kin or designated emergency contact be used in any criminal1 civil or investigative proceeding against the individual4 #adeje4 ,notification by law enforcement of family with regard to death or life-threatening emergency occurring to individual in custody 7a7 ,death notification minimum standards ,in the case of an individual who dies while in the custody of a law enforcement agency3 7#a7 ,written notification plan ,a law enforcement agency shall have a written notification plan in place identifying all designated staff members who are authorized1 trained and prepared to deliver notification of death to the next-of-kin or designated contact in a professional and compassionate manner4 7#b7 ,timeframe for notification ,in the event an individual dies while in the custody of law enforcement1 such notification shall be delivered not later than #c hours after the declaration of death4 7#c7 ,manner of notification ,to minimize confusion and trauma suffered by the family or designated contact of the deceased1 reasonable efforts may be taken when practical to ensure that notification is provided in-person and in a private setting4 7#d7 ,information required ,such notification shall include the official time of death1 the cause of death 7if determined7 and all pertinent circumstances surrounding the death1 including whether the individual's death is under investigation and the reason for opening an investigation4 7#e7 ,documentation of attempts ,all notification attempts shall be documented and maintained within the custodial record1 including-- 7,a7 the staff name and corresponding agency or department contact information for all those responsible for carrying out the notification2 7,b7 the date and time of successful and unsuccessful contacts2 7,c7 the names and contacts to which attempts were made1 and any reason for failed or unsuccessful contact2 and 7,d7 any incidents of unclaimed or rejected claims for the body or property of the deceased1 including a detailed description of where any unclaimed bodies and property have been disposed of4 7b7 ,autopsy notifications ,in the case of an individual who dies while in the custody of a law enforcement agency1 if an autopsy of that individual is required3 7#a7 ,notification ,the next-of-kin or designated contacts shall be informed immediately upon any determination that an autopsy shall be performed1 and such notification shall include the reason that the autopsy is being performed4 7#b7 ,results reported ,a copy of the autopsy report and results shall be made available to the next-of-kin or designated contact immediately upon completion4 7#c7 ,independent autopsy ,the ,state and the next of kin shall have the opportunity to perform a separate autopsy4 7c7 ,life-,threatening emergency notification minimum standards ,in the case of any life-threatening event occurring to an individual in the custody of a law enforcement agency3 7#a7 ,written notification plan ,a law enforcement agency shall have a written notification plan in place identifying all designated staff members who are authorized1 trained and prepared to deliver notification of a life-threatening event to the next-of-kin or designated contact in a professional and compassionate manner4 7#b7 ,timeframe for notification ,notice to the designated emergency contact shall be made as soon as practicable after the life-threatening event occurs1 and1 where practicable without delaying treatment1 prior to any required medical procedure1 but in any event1 not later than any medical discharge or clearance4 7#c7 ,manner of notification ,to minimize confusion and trauma suffered by the family or designated contact of the individual who has suffered a life-threatening event1 reasonable efforts may be taken when practical to ensure that notification is made in-person and in a private setting4 7#d7 ,information required ,such notification shall include details of the life-threatening event1 including-- 7,a7 whether the individual is incapacitated1 unconscious1 or unable to speak2 7,b7 the cause and nature of the life-threatening event2 7,c7 whether any medical procedures or life-saving measures were performed in response to the life-threatening event2 and 7,d7 whether any medical followup is recommended and the nature of the recommended followup4 7#e7 ,documentation of attempts ,all notification attempts shall be documented and maintained within the custodial record1 including-- 7,a7 the staff name and corresponding agency or department contact information for all those responsible for carrying out the notification2 7,b7 the date and time of successful and unsuccessful contacts2 and 7,c7 the names and contacts to which attempts were made1 and any reason for failed or unsuccessful contact4 #adejf4 ,report to attorney general ,section #b7;b7 of the ,death in ,custody ,reporting ,act of #bjac 7#db ,u4,s4,c4 #acgbg7;b77 is amended-- 7#a7 in paragraph 7#c71 by striking and at the end2 7#b7 in paragraph 7#d71 by striking the period at the end and inserting a semicolon2 and 7#c7 by inserting after paragraph 7#d7 the following3 7#e7 the date and time notification of death was provided to the next of kin or designated contact2 7#f7 the date and time of each unsuccessful notification attempt was made2 and 7#g7 a detailed description of where any unclaimed bodies and property have been disposed of1 including the amount of time lapsed prior to taking such action4 4 #adejg4 ,definitions ,in this ,act3 7#a7 ,in custody of a law enforcement agency ,the term in the custody of a law enforcement agency means1 with regard to an individual1 that the individual is detained1 under arrest1 or is in the process of being arrested1 is en route to be incarcerated1 or is incarcerated at a municipal or county jail1 ,state prison1 ,state-run boot camp prison1 boot camp prison that is contracted out by the ,state1 any ,state or local contract facility1 or other local1 tribal or ,state correctional facility1 including a juvenile facility or a medical or mental health facility4 7#b7 ,custodial record ,the term custodial record means the central file of an individual in custody4 7#c7 ,juvenile facility ,the term juvenile facility includes juvenile or youth detention center1 placement facility1 group home or other ,state1 private or contracted unit maintaining the custody of a youth under court order or law enforcement action4 7#d7 ,life-threatening ,the term life-threatening event means a medical event1 episode1 condition1 or accident-- 7,a7 where1 without immediate treatment for the condition1 death is eminent2 7,b7 where hospitalization is required because of a serious1 life-threatening medical or surgical condition that requires immediate treatment2 or 7,c7 where an individual is unconscious or incapacitated such that they are incapable of providing consent for medical treatment4 ,,tt ,violence ,against ,women ,reauthorization ,act of #bjbj #adfja4 ,short title ,this subtitle may be cited as the ,violence ,against ,women ,reauthorization ,act of #bjbj4 #adfjb4 ,universal definitions and grant conditions ,section #djjjb of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abbia7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking ,in this title and inserting ,in this title1 including for the purpose of grants authorized under this ,act2 7,b7 by redesignating paragraphs 7#cd7 through 7#de7 as paragraphs 7#db7 through 7#ec72 7,c7 by inserting after paragraph 7#cc7 the following3 7#ci7 ,internet enabled device ,the term internet enabled device means devices that have a connection the ,internet1 send and receive information and data1 and maybe accessed via mobile device technology1 video technology1 or computer technology1 away from the location where the device is installed1 and may include home automation systems1 door locks1 and thermostats4 7#dj7 ,technological abuse ,the term technological abuse means behavior intended to harm1 threaten1 intimidate1 control1 stalk1 harass1 impersonate1 or monitor1 except as otherwise permitted by law1 another person1 that occurs using the ,internet1 internet enabled devices1 social networking sites1 computers1 mobile devices1 cellular telephones1 apps1 location tracking devices1 instant messages1 text messages1 or other forms of technology4 ,technological abuse may include-- 7,a7 unwanted1 repeated telephone calls1 text messages1 instant messages1 or social media posts2 7,b7 non-consensual accessing e-mail accounts1 texts or instant messaging accounts1 social networking accounts1 or cellular telephone logs2 7,c7 controlling or restricting a person's ability to access technology with the intent to isolate them from support and social connection2 7,d7 using tracking devices or location tracking software for the purpose of monitoring or stalking another person's location2 7,e7 impersonating a person 7including through the use of spoofing technology in photo or video or the creation of accounts under a false name7 with the intent to deceive or cause harm2 or 7,f7 sharing or urging or compelling the sharing of another person's private information1 photographs1 or videos without their consent4 7#da7 ,female genital mutilation ,the terms female genital mutilation1 female genital cutting1 ,,fgm_/,c1 or female circumcision mean the intentional removal or infibulation 7or both7 of either the whole or part of the external female genitalia for non-medical reasons4 ,external female genitalia includes the pubis1 labia minora1 labia majora1 clitoris1 and urethral and vaginal openings4 2 7,d7 in paragraph 7#ai77;,b71 by striking and probation and inserting probation1 and vacatur or expungement2 7,e7 by redesignating paragraphs 7#ac7 through 7#cc7 as paragraphs 7#ah7 through 7#ch72 7,f7 by striking paragraphs 7#aa7 and 7#ab7 and inserting the following3 7#ac7 ,digital services ,the term digital services means services1 resources1 information1 support or referrals provided through electronic communications platforms and media1 whether via mobile device technology1 video technology1 or computer technology1 including utilizing the internet1 as well as any other emerging communications technologies that are appropriate for the purposes of providing services1 resources1 information1 support1 or referrals for the benefit of victims of domestic violence1 dating violence1 sexual assault1 or stalking4 7#ad7 ,economic abuse ,the term economic abuse1 in the context of domestic violence1 dating violence1 and abuse in later life1 means behavior that is coercive1 deceptive1 or unreasonably controls or restrains a person's ability to acquire1 use1 or maintain economic resources to which they are entitled1 including using coercion1 fraud1 or manipulation to-- 7,a7 restrict a person's access to money1 assets1 credit1 or financial information2 7,b7 unfairly use a person's personal economic resources1 including money1 assets1 and credit1 for one's own advantage2 or 7,c7 exert undue influence over a person's financial and economic behavior or decisions1 including forcing default on joint or other financial obligations1 exploiting powers of attorney1 guardianship1 or conservatorship1 or failing or neglecting to act in the best interests of a person to whom one has a fiduciary duty4 7#ae7 ,elder abuse ,the term elder abuse has the meaning given that term in section #b of the ,elder ,abuse ,prevention and ,prosecution ,act4 ,the terms #8abuse1' #8elder1' and #8exploitation' have the meanings given those terms in section #bjaa of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;j74 7#af7 ,forced marriage ,the term forced marriage means a marriage to which one or both parties do not or cannot consent1 and in which one or more elements of force1 fraud1 or coercion is present4 ,forced marriage can be both a cause and a consequence of domestic violence1 dating violence1 sexual assault or stalking4 7#ag7 ,homeless ,the term homeless has the meaning given such term in section #dadjc7f74 2 7,g7 by redesignating paragraphs 7#i7 and 7#aj7 as paragraphs 7#aa7 and 7#ab71 respectively2 7,h7 by amending paragraph 7#h7 to read as follows3 7#aj7 ,domestic violence ,the term domestic violence means a pattern of behavior involving the use or attempted use of physical1 sexual1 verbal1 emotional1 economic1 or technological abuse or any other coercive behavior committed1 enabled1 or solicited to gain or maintain power and control over a victim1 by a person who-- 7,a7 is a current or former spouse or dating partner of the victim1 or other person similarly situated to a spouse of the victim under the family or domestic violence laws of the jurisdiction2 7,b7 is cohabitating with or has cohabitated with the victim as a spouse or dating partner1 or other person similarly situated to a spouse of the victim under the family or domestic violence laws of the jurisdiction2 7,c7 shares a child in common with the victim2 7,d7 is an adult family member of1 or paid or nonpaid caregiver for1 a victim aged #ej or older or an adult victim with disabilities2 or 7,e7 commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction4 2 7,i7 by redesignating paragraphs 7#f7 and 7#g7 as paragraphs 7#h7 and 7#i71 respectively2 7,j7 by amending paragraph 7#e7 to read as follows3 7#g7 ,court-based and court-related personnel ,the terms court-based personnel and court-related personnel mean persons working in the court1 whether paid or volunteer1 including-- 7,a7 clerks1 special masters1 domestic relations officers1 administrators1 mediators1 custody evaluators1 guardians ad litem1 lawyers1 negotiators1 probation1 parole1 interpreters1 victim assistants1 victim advocates1 and judicial1 administrative1 or any other professionals or personnel similarly involved in the legal process2 7,b7 court security personnel2 7,c7 personnel working in related1 supplementary offices or programs 7such as child support enforcement72 and 7,d7 any other court-based or community-based personnel having responsibilities or authority to address domestic violence1 dating violence1 sexual assault1 or stalking in the court system4 2 7,k7 by redesignating paragraphs 7#b7 through 7#d7 as paragraphs 7#d7 through 7#f7 respectively2 7,l7 by inserting after paragraph 7#a7 the following3 7#c7 ,alternative justice response ,the term alternative justice response means a process1 whether court-ordered or community-based1 that-- 7,a7 involves1 on a voluntary basis1 and to the extent possible1 those who have committed a specific offense and those who have been harmed as a result of the offense2 7,b7 has the goal of collectively seeking accountability from the accused1 and developing a process whereby the accused will take responsibility for his or her actions1 and a plan for providing relief to those harmed1 through allocution1 restitution1 community service1 or other processes upon which the victim1 the accused1 the community1 and the court 7if court-ordered7 can agree2 7,c7 is conducted in a framework that protects victim safety and supports victim autonomy2 and 7,d7 provides that information disclosed during such process may not be used for any other law enforcement purpose1 including impeachment or prosecution1 without the express permission of all participants4 2 7,m7 by redesignating paragraph 7#a7 as paragraph 7#b72 and 7,n7 by inserting before paragraph 7#b7 7as redesignated in subparagraph 7,m7 of this paragraph7 the following3 7#a7 ,abuse in later life ,the term abuse in later life means neglect1 abandonment1 domestic violence1 dating violence1 sexual assault1 or stalking of an adult over the age of #ej by any person1 or economic abuse of that adult by a person in an ongoing1 relationship of trust with the victim4 ,self-neglect is not included in this definition4 2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#b7-- 7i7 by redesignating subparagraphs 7,f7 and 7,g7 as subparagraphs 7,h7 and 7,i72 7ii7 by inserting after subparagraph 7,e7 the following3 7,g7 ,death of the party whose privacy had been protected ,in the event of the death of any victim whose confidentiality and privacy is required to be protected under this subsection1 such requirement shall continue to apply1 and the right to authorize release of any confidential or protected information be vested in the next of kin1 except that consent for release of the deceased victim's information may not be given by a person who had perpetrated abuse against the deceased victim4 2 7iii7 by redesignating subparagraphs 7,d7 through 7,e7 as subparagraphs 7,e7 through 7,f72 and 7iv7 by inserting after subparagraph 7,c7 the following3 7,d7 ,use of technology ,grantees and subgrantees may use telephone1 internet1 and other technologies to protect the privacy1 location and help-seeking activities of victims using services4 ,such technologies may include-- 7i7 software1 apps or hardware that block caller ,,id or conceal ,,ip addresses1 including instances in which victims use digital services2 or 7ii7 technologies or protocols that inhibit or prevent a perpetrator's attempts to use technology or social media to threaten1 harass or harm the victim1 the victim's family1 friends1 neighbors or co-workers1 or the program providing services to them4 2 7,b7 in paragraph 7#c71 by inserting after designed to reduce or eliminate domestic violence1 dating violence1 sexual assault1 and stalking the following3 provided that the confidentiality and privacy requirements of this title are maintained1 and that personally identifying information about adult1 youth1 and child victims of domestic violence1 dating violence1 sexual assault and stalking is not requested or included in any such collaboration or information-sharing2 7,c7 in paragraph 7#f71 by adding at the end the following3 ,however1 such disbursing agencies must ensure that the confidentiality and privacy requirements of this title are maintained in making such reports1 and that personally identifying information about adult1 youth and child victims of domestic violence1 dating violence1 sexual assault and stalking is not requested or included in any such reports42 7,d7 in paragraph 7#aa71 by adding at the end the following3 ,the ,office on ,violence ,against ,women shall make all technical assistance available as broadly as possible to any appropriate grantees1 subgrantees1 potential grantees1 or other entities without regard to whether the entity has received funding from the ,office on ,violence ,against ,women for a particular program or project42 7,e7 in paragraph 7#ac7-- 7i7 in subparagraph 7,a71 by inserting after the ,violence ,against ,women ,reauthorization ,act of #bjac the following3 7,public ,law #aac-d2 #abg ,stat4 #ed72 and 7ii7 in subparagraph 7,c71 by striking section #cghi;d of title #db1 ,united ,states ,code and inserting section #hji of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajbbh72 7,f7 in paragraph 7#ad71 by inserting after are also victims of the following3 forced marriage1 or2 and 7,g7 in paragraph 7#af7-- 7i7 in subparagraph 7,c77i71 by striking 8#bj1jjj in ,department funds1 unless the ,deputy ,attorney ,general0 and inserting 8#ajj1jjj in ,department funds1 unless the ,director or ,principal ,deputy ,director of the ,office on ,violence ,against ,women1 the ,deputy ,attorney ,general102 and 7ii7 by adding at the end the following3 7,e7 ,ineligibility ,if the ,attorney ,general finds that a recipient of grant funds under this ,act has fraudulently misused such grant funds1 after reasonable notice and opportunity for a hearing1 such recipient shall not be eligible to receive grant funds under this ,act for up to #e years4 ,a misuse of grant funds or an error that does not rise to the level of fraud is not grounds for ineligibility4 2 and 7#c7 by adding at the end the following3 7c7 ,rule of construction ,for purposes of this ,act1 nothing may be construed to preclude the term domestic violence from including economic abuse each place the term domestic violence occurs unless doing so would trigger an extension of effective date under section #gjc7;f77#a77;,b7 of the ,violence ,against ,women ,reauthorization ,act of #bjai4 4 #adfjc4 ,reporting on female genital mutilation1 female genital cutting1 or female circumcision 7a7 ,in general ,the ,director of the ,federal ,bureau of ,investigation shall1 pursuant to section #ecd of title #bh1 ,united ,states ,code1 classify the offense of female genital mutilation1 female genital cutting1 or female circumcision as a part ,,ii crime in the ,uniform ,crime ,reports4 7b7 ,definition ,in this section1 the terms female genital mutilation1 female genital cutting1 ,,fgm_/,c1 or female circumcision mean the intentional removal or infibulation 7or both7 of either the whole or part of the external female genitalia for non-medical reasons4 ,external female genitalia includes the pubis1 labia minora1 labia majora1 clitoris1 and urethral and vaginal openings4 #adfjd4 ,agency and ,department ,coordination ,the heads of ,executive ,departments responsible for carrying out this ,act are authorized to coordinate and collaborate on the prevention of domestic violence1 dating violence1 sexual assault1 and stalking1 including sharing best practices and efficient use of resources and technology for victims and those seeking assistance from the ,government4 #a ,enhancing legal tools to combat domestic violence1 dating violence1 sexual assault1 and stalking #adfaa4 ,stop grants 7a7 ,in general ,part ,t of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajdda et seq47 is amended-- 7#a7 in section #bjja7;b7-- 7,a7 in paragraph 7#c71 by inserting before the semicolon at the end the following3 including implementation of the non-discrimination requirements in section #djjjb7;b77#ac7 of the ,violence ,against ,women ,act of #aiid2 7,b7 in paragraph 7#i7-- 7i7 by striking older and disabled women and inserting people #ej years of age or over and people with disabilities2 and 7ii7 by striking older and disabled individuals and inserting people2 7,c7 in paragraph 7#ai71 by striking and at the end2 7,d7 in paragraph 7#bj71 by striking the period at the end and inserting a semicolon2 and 7,e7 by inserting after paragraph 7#bj71 the following3 7#ba7 developing and implementing laws1 policies1 procedures1 or training to ensure the lawful recovery and storage of any dangerous weapon by the appropriate law enforcement agency from an adjudicated perpetrator of any offense of domestic violence1 dating violence1 sexual assault1 or stalking1 and the return of such weapon when appropriate1 where any ,federal1 ,state1 tribal1 or local court has-- 7,a7 7i7 issued protective or other restraining orders against such a perpetrator2 or 7ii7 found such a perpetrator to be guilty of misdemeanor or felony crimes of domestic violence1 dating violence1 sexual assault1 or stalking2 and 7,b7 ordered the perpetrator to relinquish dangerous weapons that the perpetrator possesses or has used in the commission of at least one of the aforementioned crimes2 ,policies1 procedures1 protocols1 laws1 regulations1 or training under this section shall include the safest means of recovery of1 and best practices for storage of1 relinquished and recovered dangerous weapons and their return1 when applicable1 at such time as the individual is no longer prohibited from possessing such weapons under ,federal1 ,state1 or ,tribal law1 or posted local ordinances2 7#bb7 developing1 enlarging1 or strengthening culturally specific victim services programs to provide culturally specific victim services regarding1 responses to1 and prevention of female genital mutilation1 female genital cutting1 or female circumcision2 7#bc7 providing victim advocates in ,state or local law enforcement agencies1 prosecutors' offices1 and courts and providing supportive services and advocacy to urban ,american ,indian and ,alaska ,native victims of domestic violence1 dating violence1 sexual assault1 and stalking4 2 7#b7 in section #bjjg-- 7,a7 in subsection 7d7-- 7i7 by redesignating paragraphs 7#e7 and 7#f7 as paragraphs 7#g7 and 7#h71 respectively2 and 7ii7 by inserting after paragraph 7#d7 the following3 7#e7 proof of compliance with the requirements regarding protocols to strongly discourage compelling victim testimony1 described in section #bjag2 7#f7 proof of compliance with the requirements regarding civil rights under section #djjjb7;b77#ac7 of the ,violent ,crime ,control and ,law ,enforcement ,act of #aiid2 2 7,b7 in subsection 7i7-- 7i7 in paragraph 7#a71 by inserting before the semicolon at the end the following3 and the requirements under section #djjjb7;b7 of the ,violent ,crime ,control and ,law ,enforcement ,act of #aiid 7#cd ,u4,s4,c4 #abbia7;b772 and 7ii7 in paragraph 7#b77;,c77iv71 by inserting after ethnicity1 the following3 sexual orientation1 gender identity12 and 7,c7 by adding at the end the following3 7k7 ,reviews for compliance with nondiscrimination requirements 7#a7 ,in general ,if allegations of discrimination in violation of section #djjjb7;b77#ac77;,a7 of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abbia7;b77#ac77;,a77 by a potential grantee under this part have been made to the ,attorney ,general1 the ,attorney ,general shall1 prior to awarding a grant under this part to such potential grantee1 conduct a review of the compliance of the potential grantee with such section4 7#b7 ,establishment of rule ,not later than #a year after the date of enactment of the ,violence ,against ,women ,reauthorization ,act of #bjai1 the ,attorney ,general shall by rule establish procedures for such a review4 7#c7 ,annual report ,beginning on the date that is #a year after the date of enactment of the ,violence ,against ,women ,reauthorization ,act of #bjai1 the ,attorney ,general shall report to the ,committees on the ,judiciary of the ,senate and of the ,house of ,representatives regarding compliance with section #djjjb7;b77#ac77;,a7 of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abbia7;b77#ac77;,a77 by recipients of grants under this part4 2 and 7#c7 by adding at the end the following3 #bjag4 ,grant eligibility regarding compelling victim testimony ,in order to be eligible for a grant under this part1 a ,state1 ,indian tribal government1 territorial government1 or unit of local government shall certify that1 not later than #c years after the date of enactment of this section1 their laws1 policies1 or practices will include a detailed protocol to discourage the use of bench warrants1 material witness warrants1 perjury charges1 or other means of compelling victim-witness testimony in the investigation1 prosecution1 trial1 or sentencing of a crime related to the domestic violence1 sexual assault1 dating violence or stalking of the victim4 4 7b7 ,authorization of appropriations ,section #ajja7;a77#ah7 of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajbfa7;a77#ah77 is amended by striking #bjad through #bjah and inserting #bjbj through #bjbd4 #adfab4 ,grants to improve the criminal justice response 7a7 ,heading ,part ,u of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajdfa et seq47 is amended in the heading1 by striking ,grants to encourage arrest policies and inserting ,grants to improve the criminal justice response4 7b7 ,grants ,section #baja of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajdfa7 is amended-- 7#a7 by striking subsection 7a7 and inserting the following3 7a7 ,general program purpose ,the purpose of this part is to assist ,states1 ,state and local courts 7including juvenile courts71 ,indian tribal governments1 tribal courts1 and units of local government to develop and strengthen effective law enforcement and prosecution strategies to combat violent crimes against women1 and to develop and strengthen victim services in cases involving violent crimes against women4 2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by striking proarrest and inserting offender accountability and homicide reduction2 7,b7 in paragraph 7#h7-- 7i7 by striking older individuals 7as defined in section #ajb of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjjb77 and inserting people #ej years of age or over2 and 7ii7 by striking individuals with disabilities 7as defined in section #c7b7 of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb7b777 and inserting people with disabilities 7as defined in the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb772 7,c7 in paragraph 7#ai71 by inserting before the period at the end the following 1 including victims among underserved populations 7as defined in section #djjjb7;a77#df7 of the ,violence ,against ,women ,act of #aiid72 and 7,d7 by adding at the end the following3 7#bc7 ,to develop and implement an alternative justice response 7as such term is defined in section #djjjb7;a7 of the ,violence ,against ,women ,act of #aiid74 7#bd7 ,to develop and implement policies1 procedures1 protocols1 laws1 regulations1 or training to ensure the lawful recovery and storage of any dangerous weapon by the appropriate law enforcement agency from an adjudicated perpetrator of any offense of domestic violence1 dating violence1 sexual assault1 or stalking1 and the return of such weapon when appropriate1 where any ,federal1 ,state1 tribal1 or local court has-- 7,a7 7i7 issued protective or other restraining orders against such a perpetrator2 or 7ii7 found such a perpetrator to be guilty of misdemeanor or felony crimes of domestic violence1 dating violence1 sexual assault1 or stalking2 and 7,b7 ordered the perpetrator to relinquish dangerous weapons that the perpetrator possesses or has used in the commission of at least one of the aforementioned crimes4 ,policies1 procedures1 protocols1 laws1 regulations1 or training under this section shall include the safest means of recovery of and best practices for storage of relinquished and recovered dangerous weapons and their return1 when applicable1 at such time as the persons are no longer prohibited from possessing such weapons under ,federal1 ,state1 ,tribal or municipal law4 2 and 7#c7 in subsection 7c77#a7-- 7,a7 in subparagraph 7,a7-- 7i7 in clause 7i71 by striking encourage or mandate arrests of domestic violence offenders and inserting encourage arrests of offenders2 and 7ii7 in clause 7ii71 by striking encourage or mandate arrest of domestic violence offenders and inserting encourage arrest of offenders2 and 7,b7 by inserting after subparagraph 7,e7 the following3 7,f7 certify that1 not later than #c years after the date of the enactment of this subparagraph1 their laws1 policies1 or practices will include a detailed protocol to strongly discourage the use of bench warrants1 material witness warrants1 perjury charges1 or other means of compelling victim-witness testimony in the investigation1 prosecution1 trial1 or sentencing of a crime related to the domestic violence1 sexual assault1 dating violence or stalking of the victim2 and 4 7c7 ,authorization of appropriations ,section #ajja7;a77#ai7 of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajbfa7;a77#ai77 is amended by striking #bjad through #bjah and inserting #bjbj through #bjbd4 #adfac4 ,legal assistance for victims 7a7 ,in ,general ,section #abja of division ,b of the ,victims of ,trafficking and ,violence ,protection ,act of #bjjj 7#cd ,u4,s4,c4 #bjaba7 is amended-- 7#a7 in subsection 7a71 by inserting after no cost to the victims4 the following3 ,when legal assistance to a dependent is necessary for the safety of a victim1 such assistance may be provided42 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a71 by inserting after stalking1 and sexual assault the following3 1 or for dependents when necessary for the safety of a victim2 7,b7 in paragraph 7#b71 by inserting after stalking1 and sexual assault the following3 1 or for dependents when necessary for the safety of a victim12 and 7,c7 in paragraph 7#c71 by inserting after sexual assault1 or stalking the following3 1 or for dependents when necessary for the safety of a victim12 and 7#c7 in subsection 7f77#a71 by striking #bjad through #bjah and inserting #bjbj through #bjbd4 7b7 ,,gao report ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report on the return on investment for legal assistance grants awarded pursuant to section #abja of division ,b of the ,victims of ,trafficking and ,violence ,protection ,act of #bjjj 7#cd ,u4,s4,c4 #bjaba71 including an accounting of the amount saved1 if any1 on housing1 medical1 or employment social welfare programs4 #adfad4 ,grants to support families in the justice system ,section #acja of division ,b of the ,victims of ,trafficking and ,violence ,protection ,act of #bjjj 7#cd ,u4,s4,c4 #abdfd7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#g71 by striking and at the end2 7,b7 in paragraph 7#h7-- 7i7 by striking to improve and inserting improve2 and 7ii7 by striking the period at the end and inserting 2 and2 and 7,c7 by inserting after paragraph 7#h7 the following3 7#i7 develop and implement an alternative justice response 7as such term is defined in section #djjjb7;a7 of the ,violence ,against ,women ,act of #aiid74 2 and 7#b7 in subsection 7e71 by striking #bjad through #bjah and inserting #bjbj through #bjbd4 #adfae4 ,outreach and services to underserved populations grants ,section #abj of the ,violence ,against ,women and ,department of ,justice ,reauthorization ,act of #bjje 7#cd ,u4,s4,c4 #bjabc7 is amended-- 7#a7 in subsection 7d7-- 7,a7 in paragraph 7#d71 by striking or at the end2 7,b7 in paragraph 7#e71 by striking the period at the end and inserting 2 or2 and 7,c7 by adding at the end the following3 7#f7 developing1 enlarging1 or strengthening culturally specific programs and projects to provide culturally specific services regarding1 responses to1 and prevention of female genital mutilation1 female genital cutting1 or female circumcision4 2 and 7#b7 in subsection 7g71 by striking #bjad through #bjah and inserting #bjbj through #bjbd4 #adfaf4 ,criminal provisions ,section #bbfe of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7d77#c7-- 7,a7 by striking restraining order or injunction12 and 7,b7 by adding at the end the following3 ,the prohibition under this paragraph applies to all protection orders for the protection of a person residing within a ,state1 territorial1 or tribal jurisdiction1 whether or not the protection order was issued by that ,state1 territory1 or ,tribe42 and 7#b7 in subsection 7e71 by adding at the end the following3 ,this applies to all ,alaska tribes without respect to ,indian country or the population of the ,native village associated with the ,tribe44 #adfag4 ,rape survivor child custody ,section #dji of the ,justice for ,victims of ,trafficking ,act of #bjae 7#cd ,u4,s4,c4 #bacjh7 is amended by striking #bjae through #bjai and inserting #bjbj through #bjbd4 #adfah4 ,enhancing culturally specific services for victims of domestic violence1 dating violence1 sexual assault1 and stalking ,section #aba7;a7 of the ,violence ,against ,women and ,department of ,justice ,reauthorization ,act of #bjje 7#cd ,u4,s4,c4 #bjabd7;a77 is amended by adding at the end the following3 7#c7 ,additional authorization of appropriations ,in addition to the amounts made available under paragraph 7#a71 there are authorized to be appropriated to carry out this section #b1jjj1jjj for each of fiscal years #bjbj through #bjbd4 4 #adfai4 ,grants for lethality assessment programs 7a7 ,in general ,the ,attorney ,general may make grants to ,states1 units of local government1 ,indian tribes1 domestic violence victim service providers1 and ,state or ,tribal ,domestic ,violence ,coalitions for technical assistance and training in the operation or establishment of a lethality assessment program4 7b7 ,definition ,in this section1 the term lethality assessment program means a program that-- 7#a7 rapidly connects a victim of domestic violence to local community-based victim service providers2 7#b7 helps first responders and others in the justice system1 including courts1 law enforcement agencies1 and prosecutors of tribal government and units of local government1 identify and respond to possibly lethal circumstances2 and 7#c7 identifies victims of domestic violence who are at high risk of being seriously injured or killed by an intimate partner4 7c7 ,qualifications ,to be eligible for a grant under this section1 an applicant shall demonstrate experience in developing1 implementing1 evaluating1 and disseminating a lethality assessment program4 7d7 ,authorization of appropriations ,there are authorized to be appropriated #e1jjj1jjj to carry out this section for each of fiscal years #bjbj through #bjbd4 7e7 ,definitions ,terms used in this section have the meanings given such terms in section #djjjb of the ,violence ,against ,women ,act of #aiid4 #b ,improving ,services for ,victims #adfba4 ,sexual assault services program ,section #dafja of the ,violent ,crime ,control and ,law ,enforcement ,act of #aiid 7#cd ,u4,s4,c4 #abeaa7 is amended-- 7#a7 in subsection 7b77#d71 by striking #j4be percent and inserting #j4e percent2 and 7#b7 in subsection 7f77#a71 by striking #bjad through #bjah and inserting #bjbj through #bjbd4 #adfbb4 ,sexual ,assault ,services ,program ,section #dafja7;f77#a7 of the ,violent ,crime ,control and ,law ,enforcement ,act of #aiid 7#cd ,u4,s4,c4 #abeaa7;f77#a77 is amended by striking #dj1jjj1jjj to remain available until expended for each of fiscal years #bjad through #bjah and inserting #fj1jjj1jjj to remain available until expended for each of fiscal years #bjbj through #bjbd4 #adfbc4 ,rural domestic violence1 dating violence1 sexual assault1 stalking1 and child abuse enforcement assistance program ,section #djbie of the ,violent ,crime ,control and ,law ,enforcement ,act of #aiid 7#cd ,u4,s4,c4 #abcda7 is amended-- 7#a7 in subsection 7a77#c71 by striking women and inserting adults1 youth12 and 7#b7 in subsection 7e77#a71 by striking #bjad through #bjah and inserting #bjbj through #bjbd4 #adfbd4 ,training and services to end violence against people with disabilities ,section #adjb of division ,b of the ,victims of ,trafficking and ,violence ,protection ,act of #bjjj 7#cd ,u4,s4,c4 #bjabb7 is amended-- 7#a7 in the heading1 by striking women and inserting people2 7#b7 in subsection 7a71 by striking individuals each place it appears and inserting people2 7#c7 in subsection 7b7-- 7,a7 by striking disabled individuals each place it appears and inserting people with disabilities2 7,b7 in paragraph 7#c71 by inserting after law enforcement the following3 and other first responders2 and 7,c7 in paragraph 7#h71 by striking providing advocacy and intervention services within and inserting to enhance the capacity of2 7#d7 in subsection 7c71 by striking disabled individuals and inserting people with disabilities2 and 7#e7 in subsection 7e71 by striking #bjad through #bjah and inserting #bjbj through #bjbd4 #adfbe4 ,training and services to end abuse in later life ,section #djhja of the ,violent ,crime ,control and ,law ,enforcement ,act of #aiid 7#cd ,u4,s4,c4 #abdba7-- 7#a7 in the heading1 by striking ,enhanced training and inserting ,training2 7#b7 by striking subsection 7a7 ,definitions4--,in this section-- and all that follows through paragraph 7#a7 of subsection 7b7 and inserting the following3 ,the ,attorney ,general shall make grants to eligible entities in accordance with the following32 7#c7 by redesignating paragraphs 7#b7 through 7#e7 of subsection 7b7 as paragraphs 7#a7 through 7#d72 7#d7 in paragraph 7#a7 7as redesignated by paragraph 7#c7 of this subsection7-- 7,a7 by striking 1 including domestic violence1 dating violence1 sexual assault1 stalking1 exploitation1 and neglect each place it appears2 7,b7 in subparagraph 7,a7-- 7i7 in clause 7i71 by inserting after elder abuse the following3 and abuse in later life2 7ii7 in clauses 7ii7 and 7iii71 by inserting after victims of the following3 elder abuse and2 and 7iii7 in clause 7iv71 by striking advocates1 victim service providers1 and courts to better serve victims of abuse in later life and inserting leaders1 victim advocates1 victim service providers1 courts1 and first responders to better serve older victims2 7,c7 in subparagraph 7,b7-- 7i7 in clause 7i71 by striking or other community-based organizations in recognizing and addressing instances of abuse in later life and inserting community-based organizations1 or other professionals who may identify or respond to abuse in later life2 and 7ii7 in clause 7ii71 by inserting after victims of the following3 elder abuse and2 and 7,d7 in subparagraph 7,d71 by striking subparagraph 7,b77ii7 and inserting paragraph 7#b77;,b72 7#e7 in paragraph 7#b7 7as redesignated by paragraph 7#c77-- 7,a7 in subparagraph 7,a71 by striking over #ej years of age and inserting #ej years of age or over2 and 7,b7 in subparagraph 7,b71 by striking in later life and inserting #ej years of age or over2 and 7#f7 in paragraph 7#d7 7as redesignated by paragraph 7#c771 by striking #bjad through #bjah and inserting #bjbj through #bjbd4 #adfbf4 ,demonstration program on trauma-informed training for law enforcement ,title ,,iv of the ,violent ,crime ,control and ,law ,enforcement ,act of #aiid 7#cd ,u4,s4,c4 #ajaja note7 is amended by adding at the end the following3 ,q ,trauma-informed ,training for ,law ,enforcement #dagja4 ,demonstration program on trauma-informed training for law enforcement 7a7 ,definitions ,in this section-- 7#a7 the term ,attorney ,general means the ,attorney ,general1 acting through the ,director of the ,office on ,violence ,against ,women2 7#b7 the term covered individual means an individual who interfaces with victims of domestic violence1 dating violence1 sexual assault1 and stalking1 including-- 7,a7 an individual working for or on behalf of an eligible entity2 7,b7 a school or university administrator2 and 7,c7 an emergency services or medical employee2 7#c7 the term demonstration site1 with respect to an eligible entity that receives a grant under this section1 means-- 7,a7 if the eligible entity is a law enforcement agency described in paragraph 7#d77;,a71 the area over which the eligible entity has jurisdiction2 and 7,b7 if the eligible entity is an organization or agency described in paragraph 7#d77;,b71 the area over which a law enforcement agency described in paragraph 7#d77;,a7 that is working in collaboration with the eligible entity has jurisdiction2 and 7#d7 the term eligible entity means-- 7,a7 a ,state1 local1 territorial1 or ,tribal law enforcement agency2 or 7,b7 a national1 regional1 or local victim services organization or agency working in collaboration with a law enforcement agency described in subparagraph 7,a74 7b7 ,grants authorized 7#a7 ,in general ,the ,attorney ,general shall award grants on a competitive basis to eligible entities to carry out the demonstration program under this section by implementing evidence-based or promising policies and practices to incorporate trauma-informed techniques designed to-- 7,a7 prevent re-traumatization of the victim2 7,b7 ensure that covered individuals use evidence-based practices to respond to and investigate cases of domestic violence1 dating violence1 sexual assault1 and stalking2 7,c7 improve communication between victims and law enforcement officers in an effort to increase the likelihood of the successful investigation and prosecution of the reported crime in a manner that protects the victim to the greatest extent possible2 7,d7 increase collaboration among stakeholders who are part of the coordinated community response to domestic violence1 dating violence1 sexual assault1 and stalking2 and 7,e7 evaluate the effectiveness of the training process and content by measuring-- 7i7 investigative and prosecutorial practices and outcomes2 and 7ii7 the well-being of victims and their satisfaction with the criminal justice process4 7#b7 ,term ,the ,attorney ,general shall make grants under this section for each of the first #b fiscal years beginning after the date of enactment of this ,act4 7#c7 ,award basis ,the ,attorney ,general shall award grants under this section to multiple eligible entities for use in a variety of settings and communities1 including-- 7,a7 urban1 suburban1 ,tribal1 remote1 and rural areas2 7,b7 college campuses2 or 7,c7 traditionally underserved communities4 7c7 ,use of funds ,an eligible entity that receives a grant under this section shall use the grant to-- 7#a7 train covered individuals within the demonstration site of the eligible entity to use evidence-based1 trauma-informed techniques and knowledge of crime victims' rights throughout an investigation into domestic violence1 dating violence1 sexual assault1 or stalking1 including by-- 7,a7 conducting victim interviews in a manner that-- 7i7 elicits valuable information about the domestic violence1 dating violence1 sexual assault1 or stalking2 and 7ii7 avoids re-traumatization of the victim2 7,b7 conducting field investigations that mirror best and promising practices available at the time of the investigation2 7,c7 customizing investigative approaches to ensure a culturally and linguistically appropriate approach to the community being served2 7,d7 becoming proficient in understanding and responding to complex cases1 including cases of domestic violence1 dating violence1 sexual assault1 or stalking-- 7i7 facilitated by alcohol or drugs2 7ii7 involving strangulation2 7iii7 committed by a non-stranger2 7iv7 committed by an individual of the same sex as the victim2 7v7 involving a victim with a disability2 7vi7 involving a male victim2 or 7vii7 involving a lesbian1 gay1 bisexual1 or transgender 7commonly referred to as ,,lgbt7 victim2 7,e7 developing collaborative relationships between-- 7i7 law enforcement officers and other members of the response team2 and 7ii7 the community being served2 and 7,f7 developing an understanding of how to define1 identify1 and correctly classify a report of domestic violence1 dating violence1 sexual assault1 or stalking2 and 7#b7 promote the efforts of the eligible entity to improve the response of covered individuals to domestic violence1 dating violence1 sexual assault1 and stalking through various communication channels1 such as the website of the eligible entity1 social media1 print materials1 and community meetings1 in order to ensure that all covered individuals within the demonstration site of the eligible entity are aware of those efforts and included in trainings1 to the extent practicable4 7d7 ,demonstration program trainings on trauma-,informed approaches 7#a7 ,identification of existing trainings 7,a7 ,in general ,the ,attorney ,general shall identify trainings for law enforcement officers1 in existence as of the date on which the ,attorney ,general begins to solicit applications for grants under this section1 that-- 7i7 employ a trauma-informed approach to domestic violence1 dating violence1 sexual assault1 and stalking2 and 7ii7 focus on the fundamentals of-- 7,i7 trauma responses2 and 7,,ii7 the impact of trauma on victims of domestic violence1 dating violence1 sexual assault1 and stalking4 7,b7 ,selection ,an eligible entity that receives a grant under this section shall select one or more of the approaches employed by a training identified under subparagraph 7,a7 to test within the demonstration site of the eligible entity4 7#b7 ,consultation ,in carrying out paragraph 7#a71 the ,attorney ,general shall consult with the ,director of the ,office for ,victims of ,crime in order to seek input from and cultivate consensus among outside practitioners and other stakeholders through facilitated discussions and focus groups on best practices in the field of trauma-informed care for victims of domestic violence1 dating violence1 sexual assault1 and stalking4 7e7 ,evaluation ,the ,attorney ,general1 in consultation with the ,director of the ,national ,institute of ,justice1 shall require each eligible entity that receives a grant under this section to identify a research partner1 preferably a local research partner1 to-- 7#a7 design a system for generating and collecting the appropriate data to facilitate an independent process or impact evaluation of the use of the grant funds2 7#b7 periodically conduct an evaluation described in paragraph 7#a72 and 7#c7 periodically make publicly available1 during the grant period-- 7,a7 preliminary results of the evaluations conducted under paragraph 7#b72 and 7,b7 recommendations for improving the use of the grant funds4 7f7 ,authorization of appropriations ,the ,attorney ,general shall carry out this section using amounts otherwise available to the ,attorney ,general4 7g7 ,rule of construction ,nothing in this section shall be construed to interfere with the due process rights of any individual4 4 #c ,services1 ,protection1 and ,justice for ,young ,victims #adfca4 ,rape prevention and education grant ,section #cic;,a of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bhj;b-#a;b7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b71 by inserting before the semicolon at the end the following or digital services 7as such term is defined in section #djjjb7;a7 of the ,violence ,against ,women ,act of #aiid72 and 7,b7 in paragraph 7#g71 by striking sexual assault and inserting sexual violence1 sexual assault1 and sexual harassment2 7#b7 in subsection 7b71 by striking ,indian tribal and inserting ,indian ,tribal2 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#a71 by striking #ej1jjj1jjj for each of fiscal years #bjad through #bjah and inserting #aej1jjj1jjj for each of fiscal years #bjbj through #bjbd2 and 7,b7 in paragraph 7#c71 by adding at the end the following3 ,not less than #hj percent of the total amount made available under this subsection in each fiscal year shall be awarded in accordance with this paragraph42 and 7#d7 by adding at the end the following3 7e7 ,report ,not later than #a year after the date of the enactment of the ,violence ,against ,women ,reauthorization ,act of #bjai1 the ,secretary1 acting through the ,director of the ,centers for ,disease ,control and ,prevention1 shall submit to ,congress1 the ,committee on ,appropriations and the ,committee on ,energy and ,commerce of the ,house of ,representatives1 and the ,committee on ,appropriations and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate a report on the activities funded by grants awarded under this section and best practices relating to rape prevention and education4 4 #adfcb4 ,creating hope through outreach1 options1 services1 and education 7,,choose7 for children and youth ,section #dabja of the ,violent ,crime ,control and ,law ,enforcement ,act of #aiid 7#cd ,u4,s4,c4 #abdea7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking stalking1 or sex trafficking and inserting or stalking2 and 7,b7 by adding at the end the following3 ,grants awarded under this section may be used to address sex trafficking or bullying as part of a comprehensive program focused primarily on domestic violence1 dating violence1 sexual assault1 or stalking42 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 in the matter preceding subparagraph 7,a71 by striking target youth who are victims of domestic violence1 dating violence1 sexual assault1 stalking1 and sex trafficking and inserting target youth1 including youth in underserved populations who are victims of domestic violence1 dating violence1 sexual assault1 stalking1 and sex trafficking2 7ii7 in subparagraph 7,b71 by striking #8#8or'' at the end2 7iii7 in subparagraph 7,c71 by striking the period at the end and inserting a semicolon2 and 7iv7 by inserting after subparagraph 7,c7 the following3 7,d7 clarify ,state or local mandatory reporting policies and practices regarding peer-to-peer dating violence1 sexual assault1 stalking1 and sex trafficking2 or 7,e7 develop1 enlarge1 or strengthen culturally specific programs and projects to provide culturally specific services regarding1 responses to1 and prevention of female genital mutilation1 female genital cutting1 or female circumcision4 2 and 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a71 by striking stalking1 or sex trafficking and inserting stalking1 sex trafficking1 or female genital mutilation1 female genital cutting1 or female circumcision2 7ii7 in subparagraph 7,c71 by inserting confidential before support services2 and 7iii7 in subparagraph 7,e71 by inserting after programming for youth the following3 1 including youth in underserved populations12 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#a71 by striking stalking1 or sex trafficking and inserting or stalking2 and 7,b7 in paragraph 7#b77;,a71 by striking paragraph 7#a7 and inserting subparagraph 7,a7 or 7,b7 of paragraph 7#a72 7#d7 in subsection 7d77#c71 by striking stalking1 and sex trafficking and inserting and stalking1 including training on working with youth in underserved populations 7and1 where intervention or programming will include a focus on female genital mutilation1 female genital cutting1 or female circumcision1 or on sex trafficking1 sufficient training on those topics72 and 7#e7 in subsection 7f71 by striking #ae1jjj1jjj for each of fiscal years #bjad through #bjah and inserting #be1jjj1jjj for each of fiscal years #bjbj through #bjbd4 #adfcc4 ,grants to combat violent crimes on campuses 7a7 ,in ,general ,section #cjd of the ,violence ,against ,women and ,department of ,justice ,reauthorization ,act of #bjje 7#cd ,u4,s4,c4 #bjabe7 is amended-- 7#a7 in subsection 7b7-- 7,a7 by amending paragraph 7#b7 to read as follows3 7#b7 ,to develop1 strengthen1 and implement campus policies1 protocols1 and services that more effectively identify and respond to the crimes of domestic violence1 dating violence1 sexual assault and stalking1 including the use of technology to commit these crimes1 and to train campus administrators1 campus security personnel1 and all participants in the resolution process1 including the ,title ,,ix coordinator's office and student conduct office on campus disciplinary or judicial boards on such policies1 protocols1 and services4 2 7,b7 by amending paragraph 7#c7 to read as follows3 7#c7 ,to provide prevention and education programming about domestic violence1 dating violence1 sexual assault1 and stalking1 including technological abuse and reproductive and sexual coercion1 that is age-appropriate1 culturally relevant1 ongoing1 delivered in multiple venues on campus1 accessible1 promotes respectful nonviolent behavior as a social norm1 and engages men and boys4 ,such programming should be developed in partnership or collaboratively with experts in intimate partner and sexual violence prevention and intervention4 2 7,c7 in paragraph 7#d71 by inserting after improve delivery of the following3 primary prevention training and2 7,d7 in paragraph 7#i71 by striking and provide and inserting 1 provide1 and disseminate2 7,e7 in paragraph 7#aj71 by inserting after or adapt the following and disseminate2 and 7,f7 by inserting after paragraph 7#aj7 the following3 7#aa7 ,to train campus health centers and appropriate campus faculty1 such as academic advisors or professionals who deal with students on a daily basis1 on how to recognize and respond to domestic violence1 dating violence1 sexual assault1 and stalking1 including training health providers on how to provide universal education to all members of the campus community on the impacts of violence on health and unhealthy relationships and how providers can support ongoing outreach efforts4 7#ab7 ,to train campus personnel in how to use a victim-centered1 trauma-informed interview technique1 which means asking questions of a student or a campus employee who is reported to be a victim of sexual harassment1 sexual assault1 domestic violence1 dating violence1 or stalking1 in a manner that is focused on the experience of the reported victim1 that does not judge or blame the reported victim for the alleged crime1 and that is informed by evidence-based research on the neurobiology of trauma4 ,to the extent practicable1 campus personnel shall allow the reported victim to participate in a recorded interview and to receive a copy of the recorded interview4 7#ac7 ,to develop and implement an alternative justice response 7as such term is defined in section #djjjb7;a7 of the ,violence ,against ,women ,act of #aiid74 2 7#b7 in subsection 7c77#c71 by striking #bjad through #bjah and inserting #bjbj through #bjbd2 7#c7 in subsection 7d7-- 7,a7 in paragraph 7#c77;,b71 by striking for all incoming students and inserting for all students2 7,b7 by amending paragraph 7#c77;,d7 to read as follows3 7,d7 ,the grantee shall train all participants in the resolution process1 including the ,title ,,ix coordinator's office and student conduct office1 to respond effectively to situations involving domestic violence1 dating violence1 sexual assault1 or stalking4 2 and 7,c7 in paragraph 7#d77;,c71 by inserting after sex1 the following3 sexual orientation1 gender identity12 and 7#d7 in subsection 7e71 by striking #ab1jjj1jjj for each of fiscal years #bjad through #bjah and inserting #af1jjj1jjj for each of fiscal years #bjbj through #bjbd4 7b7 ,report on best practices regarding domestic violence1 dating violence1 sexual assault1 and stalking on campuses ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,education shall submit to ,congress a report1 which includes-- 7#a7 an evaluation of programs1 events1 and educational materials related to domestic violence1 dating violence1 sexual assault1 and stalking2 and 7#b7 an assessment of best practices and guidance from the evaluation described in paragraph 7#a71 which shall be made publicly available online to universities and college campuses to use as a resource4 #adfcd4 ,combat online predators 7a7 ,in general ,chapter #aaj;,a of title #ah1 ,united ,states ,code1 is amended by inserting after section #bbfa;,a the following3 #bbfa;,b4 ,enhanced penalty for stalkers of children 7a7 ,in general ,except as provided in subsection 7b71 if the victim of an offense under section #bbfa;,a is under the age of #ah years1 the maximum term of imprisonment for the offense is #e years greater than the maximum term of imprisonment otherwise provided for that offense in section #bbfa4 7b7 ,limitation ,subsection 7a7 shall not apply to a person who violates section #bbfa;,a if-- 7#a7 the person is subject to a sentence under section #bbfa7;b77#e72 and 7#b7 7,a7 the person is under the age of #ah at the time the offense occurred2 or 7,b7 the victim of the offense is not less than #ae nor more than #ag years of age and not more than #c years younger than the person who committed the offense at the time the offense occurred4 4 7b7 ,clerical amendment ,the table of sections at the beginning of chapter #aaj;,a of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #bbfa;,a the following new item3 #bbfa;,b4 ,enhanced penalty for stalkers of children4 4 7c7 ,conforming amendment ,section #bbfa;,a of title #ah1 ,united ,states ,code1 is amended in the matter following paragraph 7#b77;,b71 by striking section #bbfa7;b7 of this title and inserting section #bbfa7;b7 or section #bbfa;,b1 as the case may be4 7d7 ,report on best practices regarding enforcement of anti-,stalking laws ,not later than #a year after the date of the enactment of this ,act1 the ,attorney ,general shall submit a report to ,congress1 which shall-- 7#a7 include an evaluation of ,federal1 tribal1 ,state1 and local efforts to enforce laws relating to stalking2 and 7#b7 identify and describe those elements of such efforts that constitute the best practices for the enforcement of such laws4 #d ,violence ,reduction ,practices #adfda4 ,study conducted by the ,centers for ,disease ,control and ,prevention ,section #djb of the ,violence ,against ,women and ,department of ,justice ,reauthorization ,act of #bjje 7#db ,u4,s4,c4 #bhj;b-#d7 is amended-- 7#a7 in subsection 7b71 by striking violence against women and inserting violence against adults1 youth12 and 7#b7 in subsection 7c71 by striking #bjad through #bjah and inserting #bjbj through #bjbd4 #adfdb4 ,saving ,money and ,reducing ,tragedies 7,,smart7 through ,prevention grants ,section #dacjc of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abdfc7 is amended-- 7#a7 in subsection 7b77#a7-- 7,a7 in subparagraph 7,c71 by striking and at the end2 7,b7 in subparagraph 7,d71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,e7 strategies within each of these areas addressing the unmet needs of underserved populations4 2 7#b7 in subsection 7d77#c7-- 7,a7 in subparagraph 7,a71 by striking and at the end2 7,b7 in subparagraph 7,b71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,c7 include a focus on the unmet needs of underserved populations4 2 7#c7 in subsection 7f71 by striking #ae1jjj1jjj for each of fiscal years #bjad through #bjah and inserting #de1jjj1jjj for each of fiscal years #bjbj through #bjbd2 and 7#d7 in subsection 7g71 by adding at the end the following3 7#c7 ,remaining amounts ,any amounts not made available under paragraphs 7#a7 and 7#b7 may be used for any set of purposes described in paragraphs 7#a71 7#b71 or 7#c7 of subsection 7b71 or for a project that fulfills two or more of such sets of purposes4 4 #e ,strengthening the ,healthcare ,systems ,response #adfea4 ,grants to strengthen the healthcare systems response to domestic violence1 dating violence1 sexual assault1 and stalking ,section #cii,p of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bhj;g-#d7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b71 by striking and at the end2 7,b7 in paragraph 7#c71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#d7 the development or enhancement and implementation of training programs to improve the capacity of early childhood programs to address domestic violence1 dating violence1 sexual assault1 and stalking among families they serve4 2 7#b7 in subsection 7b77#a7-- 7,a7 in subparagraph 7,a77ii71 by inserting 1 including labor and sex trafficking after other forms of violence and abuse2 7,b7 in subparagraph 7,b77ii7-- 7i7 by striking on-site access to2 and 7ii7 by striking patients by increasing and all that follows through the semicolon and inserting the following3 patients by-- 7,i7 increasing the capacity of existing health care professionals1 including specialists in trauma and in behavioral health care1 and public health staff to address domestic violence1 dating violence1 sexual assault1 stalking1 and children exposed to violence2 7,,ii7 contracting with or hiring advocates for victims of domestic violence or sexual assault to provide such services2 or 7,,iii7 providing funding to ,state domestic and sexual violence coalitions to improve the capacity of such coalitions to coordinate and support health advocates and other health system partnerships2 2 7,c7 in subparagraph 7,b77iii71 by striking and at the end2 7,d7 in subparagraph 7,b77iv7 by striking the period at the end and inserting the following3 1 with priority given to programs administered through the ,health ,resources and ,services ,administration1 ,office of ,women's ,health2 and2 and 7,e7 in subparagraph 7,b71 by adding at the end the following3 7v7 the development1 implementation1 dissemination1 and evaluation of best practices1 tools1 and training materials for behavioral health professionals to identify and respond to domestic violence1 sexual violence1 stalking1 and dating violence4 2 7#c7 in subsection 7b77#b77;,a7-- 7,a7 in the heading1 by striking ,child and elder abuse and inserting the following3 ,child abuse and abuse in later life2 and 7,b7 by striking child or elder abuse and inserting the following3 child abuse or abuse in later life2 7#d7 in subsection 7b77#b77;,c77i71 by striking elder abuse and inserting abuse in later life2 7#e7 in subsection 7b77#b77;,c77iii71 by striking or at the end2 7#f7 in subsection 7b77#b77;,c77iv7-- 7,a7 by inserting mental health1 after dental12 and 7,b7 by striking exams4 and inserting exams and certifications22 7#g7 in subsection 7b77#b77;,c71 by inserting after clause 7iv7 the following3 7v7 development of a ,state-level pilot program to-- 7,i7 improve the response of substance use disorder treatment programs and systems to domestic violence1 dating violence1 sexual assault1 and stalking2 and 7,,ii7 improve the capacity of substance use disorder treatment programs and systems to serve survivors of domestic violence1 dating violence1 sexual assault1 and stalking dealing with substance use disorder2 or 7vi7 development and utilization of existing technical assistance and training resources to improve the capacity of substance use disorder treatment programs to address domestic violence1 dating violence1 sexual assault1 and stalking among patients the programs serve4 2 7#h7 in subsection 7d77#b77;,a7-- 7,a7 by inserting or behavioral health after of health2 7,b7 by inserting behavioral after physical or2 and 7,c7 by striking mental before health care2 7#i7 in subsection 7d77#b77;,b7-- 7,a7 by striking or health system and inserting behavioral health treatment system2 and 7,b7 by striking mental and inserting behavioral2 7#aj7 in subsection 7f7 in the heading1 by striking ,research and evaluation and inserting ,research1 evaluation1 and data collection2 7#aa7 in subsection 7f77#a71 by striking research and evaluation and inserting research1 evaluation1 or data collection2 7#ab7 in subsection 7f77#a77;,b71 by inserting after health care the following3 or behavioral health2 7#ac7 in subsection 7f77#b7-- 7,a7 in the heading1 by inserting after ,research the following3 and data collection2 7,b7 in the matter preceding subparagraph 7,a71 by inserting or data collection before authorized in paragraph 7#a72 7,c7 in subparagraph 7,c71 by striking and at the end2 7,d7 in subparagraph 7,d71 by striking the period at the end and inserting a semicolon2 and 7,e7 by inserting after subparagraph 7,d7 the following3 7,e7 research on the intersection of substance use disorder and domestic violence1 dating violence1 sexual assault1 and stalking1 including the effect of coerced use and efforts by an abusive partner or other to interfere with substance use disorder treatment and recovery2 and 7,f7 improvement of data collection using existing ,federal surveys by including questions about domestic violence1 dating violence1 sexual assault1 or stalking and substance use disorder1 coerced use1 and mental or behavioral health4 2 7#ad7 in subsection 7g71 by striking #bjad through #bjah and inserting #bjbj through #bjbd2 and 7#ae7 in subsection 7h71 by striking herein and provided for4 #f ,safe ,homes for ,victims #adffa4 ,housing protections for victims of domestic violence1 dating violence1 sexual assault1 and stalking ,section #dadaa of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abdia7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a77;,a71 by striking brother1 sister1 and inserting sibling12 7,b7 in paragraph 7#c7-- 7i7 in subparagraph 7,a71 by inserting before the semicolon at the end the following3 including the direct loan program under such section2 7ii7 in subparagraph 7,d71 by striking the program under subtitle ,a and inserting the programs under subtitles ,a through ,d2 7iii7 in subparagraph 7,i7-- 7,i7 by striking sections #ead1 #eae1 #eaf1 #ecc1 and #ech of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adhd1 #adhe1 #adhf1 #adijm1 and #adijp-#b7 and inserting sections #ead1 #eae1 #eaf1 #ecc1 #ech1 and #edb of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adhd1 #adhe1 #adhf1 #adijm1 #adijp-#b1 and #adijr72 and 7,,ii7 by striking and at the end2 7iv7 in subparagraph 7,j71 by striking the period at the end and inserting a semicolon2 and 7v7 by adding at the end the following3 7,k7 the provision of assistance from the ,housing ,trust ,fund as established under section #acch of the ,federal ,housing ,enterprises ,financial ,safety and ,soundness ,act of #aiib 7#ab ,u4,s4,c4 #deja72 7,l7 the provision of assistance for housing under the ,comprehensive ,service ,programs for ,homeless ,veterans program under subchapter ,,ii of chapter #bj of title #ch1 ,united ,states ,code 7#ch ,u4,s4,c4 #bjaa et seq472 7,m7 the provision of assistance for housing and facilities under the grant program for homeless veterans with special needs under section #bjfa of title #ch1 ,united ,states ,code2 7,n7 the provision of assistance for permanent housing under the program for financial assistance for supportive services for very low-income veteran families in permanent housing under section #bjdd of title #ch1 ,united ,states ,code2 and 7,o7 any other ,federal housing programs providing affordable housing to low-income persons by means of restricted rents or rental assistance as identified by the appropriate agency4 2 and 7,c7 by adding at the end the following3 7#d7 ,covered housing provider ,the term covered housing provider refers to the individual or entity under a covered housing program that has responsibility for the administration or oversight of housing assisted under a covered housing program and includes public housing agencies1 sponsors1 owners1 mortgagors1 managers1 grantee under the ,continuum of ,care1 ,state and local governments or agencies thereof1 and nonprofit or for-profit organizations or entities4 7#e7 ,continuum of ,care ,the term ,continuum of ,care means the ,federal program authorized under subtitle ,c of title ,,iv of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacha et seq474 7#f7 ,internal transfer ,the term internal transfer means an emergency transfer under subsection 7e7 from a unit of a covered housing provider to a unit of the same covered housing provider and under the same covered housing program except for programs under the ,mc,kinney-,vento ,homeless ,assistance ,act that can transfer to any unit of the same covered housing provider4 7#g7 ,external transfer ,the term external transfer means an emergency transfer under subsection 7e7 from a unit of a covered housing provider to a unit of a different covered housing provider under the same covered housing program4 2 7#b7 in subsection 7b77#c7-- 7,a7 in the heading1 by inserting after criminal activity the following3 and family break-up2 7,b7 by amending subparagraph 7,a7 to read as follows3 7,a7 ,denial of assistance1 tenancy1 and occupancy rights prohibited 7i7 ,in general ,a tenant shall not be denied assistance1 tenancy1 or occupancy rights to housing assisted under a covered housing program solely on the basis of criminal activity directly relating to domestic violence1 dating violence1 sexual assault1 or stalking that is engaged in by a member of the household of the tenant or any guest or other person under the control of the tenant1 if the tenant or an affiliated individual of the tenant is the victim or threatened victim of such domestic violence1 dating violence1 sexual assault1 or stalking4 7ii7 ,criminal activity engaged in by perpetrator of abuse ,a tenant shall not be denied assistance1 tenancy1 or occupancy rights to housing assisted under a covered housing program solely on the basis of criminal activity1 including drug-related criminal activity 7as such term is defined section #c7;b77#i7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;a7b77#i771 engaged in by the perpetrator of the domestic violence1 dating violence1 sexual assault1 or stalking4 7iii7 ,review prior to denial of assistance ,prior to denying assistance1 tenancy1 or occupancy rights to housing assisted under a covered housing program to a tenant on the basis of criminal activity of the tenant1 including drug-related criminal activity1 the covered housing provider must conduct an individualized review of the totality of the circumstances regarding the criminal activity at issue if the tenant is a victim of domestic violence1 dating violence1 sexual assault1 or stalking4 ,such review shall include consideration of-- 7,i7 the nature and severity of the criminal activity2 7,,ii7 the amount of time that has elapsed since the occurrence of the criminal activity2 7,,iii7 if the tenant engaged in more than one instance of criminal activity1 the frequency and duration of the criminal activity2 7,,iv7 whether the criminal activity was related to a symptom of a disability1 including a substance use disorder2 7,v7 whether the victim was coerced by the perpetrator of domestic violence1 dating violence1 sexual assault1 or stalking2 7,,vi7 whether the victim has taken affirmative steps to reduce the likelihood that the criminal activity will recur2 and 7,,vii7 any mitigating factors4 ,the covered housing program must provide the tenant with a written summary of its review and the tenant shall have the opportunity to invoke the covered housing program's grievance policy to dispute the findings4 2 7,c7 in subparagraph 7,b7-- 7i7 in the heading1 by striking ,bifurcation and inserting ,family break-up2 7ii7 by redesignating clauses 7i7 and 7ii7 as clauses 7ii7 and 7iii7 respectively2 7iii7 by inserting before clause 7ii7 7as redesignated by clause 7ii7 of this subparagraph7 the following3 7i7 ,in general ,if a family break-up results from an occurrence of domestic violence1 dating violence1 sexual assault1 or stalking1 and the perpetrator no longer resides in the unit and was the sole tenant eligible to receive assistance under a covered housing program1 the covered housing provider shall-- 7,i7 provide any other tenant or resident the opportunity to establish eligibility for the covered housing program2 or 7,,ii7 provide that tenant or resident with at least #ahj days to remain in the unit under the same terms and conditions as the perpetrator and find new housing or establish eligibility for another covered housing program4 2 7iv7 in clause 7ii7 7as redesignated by clause 7ii7 of this subparagraph7-- 7,i7 in the heading1 by striking ,in general and inserting ,eviction2 and 7,,ii7 by inserting after a public housing agency the following3 1 participating jurisdictions1 grantees under the ,continuum of ,care1 grantees12 and 7v7 by striking clause 7iii7 7as redesignated by clause 7ii7 of this subparagraph72 7,d7 in subparagraph 7,c7-- 7i7 in clause 7iii71 by striking or at the end2 7ii7 in clause 7iv71 by striking the period at the end and inserting 2 or2 and 7iii7 by adding at the end the following3 7v7 to limit any right1 remedy1 or procedure otherwise available under the ,violence ,against ,women ,reauthorization ,act of #bjje 7,public ,law #aji-afb1 #aai ,stat4 #bifj7 prior to the date of enactment of the ,violence ,against ,women ,reauthorization ,act of #bjai4 2 and 7,e7 by inserting after subparagraph 7,c7 the following3 7,d7 ,early termination ,a covered housing provider shall permit a tenant assisted under the covered housing program to terminate the lease at any time prior to the end date of the lease1 without penalty1 if the tenant has been a victim of domestic violence1 dating violence1 sexual assault1 or stalking and the tenant-- 7i7 sends notice of the early lease termination to the landlord in writing prior to or within #c days of vacating the premises unless a shorter notice period is provided for under ,state law2 7ii7 7,i7 reasonably believes that the tenant is threatened with imminent harm if the tenant remains within the same dwelling unit subject to the lease2 or 7,,ii7 is a victim of sexual assault1 the sexual assault occurred on the premises during the #ahj-;day period preceding the request for lease termination2 and 7iii7 provides a form of documentation consistent with the requirements outlined in subsection 7c77#c74 ,nothing in this subparagraph may be construed to preclude any automatic termination of a lease by operation of law4 2 7#c7 in subsection 7c77#d71 in the matter preceding subparagraph 7,a7-- 7,a7 by striking ,any information submitted to a public housing agency or owner or manager and inserting ,covered housing providers shall ensure any information submitted2 and 7,b7 by inserting after owner or manager the following3 of housing assisted under a covered housing program2 7#d7 by amending subsection 7e7 to read as follows3 7e7 ,emergency transfers 7#a7 ,in general ,a tenant who is a victim of domestic violence1 dating violence1 sexual assault1 or stalking may apply for an emergency transfer to another available and safe dwelling unit assisted under a covered housing program1 and the covered housing provider shall grant such application if-- 7,a7 the tenant expressly requests the transfer from the covered housing provider2 and 7,b7 7i7 the tenant reasonably believes that the tenant is threatened with imminent harm from further violence if the tenant remains within the same dwelling unit assisted under a covered housing program2 or 7ii7 in the case of a tenant who is a victim of sexual assault1 the sexual assault occurred on the premises during the #ahj day period preceding the request for transfer4 ,a tenant who is not in good standing retains the right to an emergency transfer if they meet the eligibility requirements in this section and the eligibility requirements of the program to which the tenant intends to transfer4 7#b7 ,policies ,each appropriate agency shall adopt an emergency transfer policy for use by covered housing programs4 ,such emergency transfer policies shall reflect the variations in program operation and administration by covered housing program type4 ,the policies must1 at a minimum-- 7,a7 describe a process that-- 7i7 permits tenants who are victims of domestic violence1 dating violence1 sexual assault1 or stalking to move to another available and safe dwelling quickly through an internal transfer and by receiving a tenant protection voucher1 if eligible1 pursuant to subsection 7f72 7ii7 provides that the victim can choose between completing an internal transfer or receiving a tenant protection voucher1 whichever is the safest option for the victim2 and 7iii7 requires that an internal transfer must occur within #aj days after a covered housing provider's approval of a request for an emergency transfer2 7,b7 describe a process to permit tenants who are victims of domestic violence1 dating violence1 sexual assault1 or stalking to complete an external transfer2 7,c7 describe a process that allows a victim of domestic violence1 dating violence1 sexual assault1 or stalking to temporarily relocate1 while maintaining eligibility for the covered housing program without the loss of their housing status1 if there are no alternative comparable housing program units available1 until a safe housing unit under the covered housing program or a tenant protection voucher is available2 7,d7 prioritize completing internal transfers and receiving tenant protection vouchers over external transfers1 except for ,continua of ,care1 which shall prioritize completing an internal transfer or external transfer prior to receiving a tenant protection voucher2 7,e7 mandate that internal and external transfers take priority over non-emergency transfers2 7,f7 mandate that internal and external transfers are not considered new applicants and take priority over existing waiting lists for a covered housing program2 7,g7 incorporate confidentiality measures to ensure that the appropriate agency and the covered housing provider do not disclose any information regarding a tenant who is victim of domestic violence1 dating violence1 sexual assault1 or stalking1 including the location of a new dwelling unit to any person or entity without the written authorization of the tenant2 7,h7 mandate that if a victim cannot receive an internal transfer1 external transfer1 and a tenant protection voucher1 then the covered housing provider must assist the victim in identifying other housing providers who may have safe and available units to which the victim can move and that the covered housing provider also assist tenants in contacting local organizations offering assistance to victims2 and 7,i7 mandate a uniform policy for how a victim of domestic violence1 dating violence1 sexual assault1 or stalking requests an internal or external transfer4 7#c7 ,local systems funded by ,continuum of ,care ,in addition to adopting the policies as defined in paragraph 7#b7 in an emergency transfer policy1 each grantee under the ,continuum of ,care shall designate the entity within its geographic area that will coordinate and facilitate emergency transfers1 and that entity shall also-- 7,a7 coordinate external transfers among all covered housing providers participating in the ,continuum of ,care2 7,b7 identify an external transfer1 if available1 within #cj days of an approved request2 7,c7 coordinate emergency transfers with ,continua of ,care in other jurisdictions in cases where the victim requests an out-of-jurisdiction transfer2 and 7,d7 ensure a victim is not required to be reassessed through the local ,continuum of ,care intake process when seeking an emergency transfer placement4 7#d7 ,regional offices ,each regional office of the ,department of ,housing and ,urban ,development 7hereinafter in this section referred to as a ,,hud regional office7 shall develop and implement a regional emergency transfer plan in collaboration with public housing agencies and the entities designated under paragraph 7#c74 ,such a plan shall set forth how public housing agencies will coordinate emergency transfers with other public housing agencies regionally4 ,the plans must be submitted to the ,violence ,against ,women ,director and be made publicly available4 ,,hud regional offices shall defer to any additional emergency transfer policies1 priorities and strategies set by entities designated under paragraph 7#c74 7#e7 ,covered housing providers ,each covered housing provider shall develop and implement an emergency transfer policy consistent with the requirements in paragraph 7#b7 or 7#c74 2 7#e7 in subsection 7f71 by adding at the end the following3 ,the ,secretary shall establish these policies and procedures within #fj days after the date of enactment of the ,violence ,against ,women ,reauthorization ,act of #bjai42 7#f7 by redesignating subsection 7g7 as subsection 7k72 and 7#g7 by inserting after subsection 7f7 the following3 7g7 ,emergency transfer policies and procedures ,the head of each appropriate agency shall establish the policy required under subsection 7e7 with respect to emergency transfers and emergency transfer vouchers within #ahj days after the date of enactment of the ,violence ,against ,women ,reauthorization ,act of #bjai4 7h7 ,emergency transfer vouchers ,provision of emergency transfer vouchers to victims of domestic violence1 dating violence1 sexual assault1 or stalking under subsection 7e71 shall be considered an eligible use of any funding for tenant protection voucher assistance available under section #h7o7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7o77 subject to the availability of appropriated funds4 7i7 ,authorization of appropriations ,there are authorized to be appropriated to carry out emergency transfers under this section1 #bj1jjj1jjj under section #h7o7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7o77 for each of fiscal years #bjbj through #bjbd4 7j7 ,training and referrals 7#a7 ,training for staff of covered housing programs ,the ,secretary of ,housing and ,urban ,development1 in partnership with domestic violence experts1 shall develop mandatory training for staff of covered housing providers to provide a basic understanding of domestic violence1 dating violence1 sexual assault1 and stalking1 and to facilitate implementation of this section4 ,all staff of covered housing providers shall attend the basic understanding training once annually2 and all staff and managers engaged in tenant services shall attend both the basic understanding training and the implementation training once annually4 7#b7 ,referrals ,the appropriate agency with respect to each covered housing program shall supply all appropriate staff of the covered housing providers with a referral listing of public contact information for all domestic violence1 dating violence1 sexual assault1 and stalking service providers offering services in its coverage area4 4 #adffb4 ,ensuring compliance and implementation2 prohibiting retaliation against victims ,chapter #b of subtitle ,n of title ,,iv of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abdia et seq47 is amended by inserting after section #dadaa the following3 #dadab4 ,compliance reviews 7a7 ,annual compliance reviews ,each appropriate agency administering a covered housing program shall establish a process by which to review compliance with the requirements of this subtitle1 on an annual basis1 of the covered housing providers administered by that agency4 ,such a review shall examine the following topics3 7#a7 ,covered housing provider compliance with requirements prohibiting the denial of assistance1 tenancy1 or occupancy rights on the basis of domestic violence1 dating violence1 sexual assault1 or stalking4 7#b7 ,covered housing provider compliance with confidentiality provisions set forth in section #dadaa7;c77#d74 7#c7 ,covered housing provider compliance with the notification requirements set forth in section #dadaa7;d77#b74 7#d7 ,covered housing provider compliance with accepting documentation set forth in section #dadaa7;c74 7#e7 ,covered housing provider compliance with emergency transfer requirements set forth in section #dadaa7;e74 7#f7 ,covered housing provider compliance with the prohibition on retaliation set forth in section #dadad4 7b7 ,regulations ,each appropriate agency shall issue regulations to implement subsection 7a7 not later than #a year after the effective date of the ,violence ,against ,women ,reauthorization ,act of #bjai4 ,these regulations shall-- 7#a7 define standards of compliance for covered housing providers2 7#b7 include detailed reporting requirements1 including the number of emergency transfers requested and granted1 as well as the length of time needed to process emergency transfers1 disaggregated by external and internal transfers2 and 7#c7 include standards for corrective action plans where a covered housing provider has failed to meet compliance standards4 7c7 ,public ,disclosure ,each appropriate agency shall ensure that an agency-level assessment of the information collected during the compliance review process completed pursuant to this subsection is made publicly available4 ,this agency-level assessment shall include an evaluation of each topic identified in subsection 7a74 7d7 ,rules of ,construction ,nothing in this section shall be construed-- 7#a7 to limit any claim filed or other proceeding commenced1 by the date of enactment of the ,violence ,against ,women ,reauthorization ,act of #bjai1 with regard to any right1 remedy1 or procedure otherwise available under the ,violence ,against ,women ,reauthorization ,act of #bjje 7,public ,law #aji-afb1 #aai ,stat4 #bifj71 as in effect on the day prior to such date of enactment2 or 7#b7 to supersede any provision of any ,federal1 ,state1 or local law that provides greater protection than this section for victims of domestic violence1 dating violence1 sexual assault1 or stalking4 #dadac4 ,department of ,housing and ,urban ,development ,violence ,against ,women ,director 7a7 ,establishment ,there shall be1 within the ,office of the ,secretary of the ,department of ,housing and ,urban ,development1 a ,violence ,against ,women ,director 7in this section referred to as the ,director74 7b7 ,duties ,the ,director shall-- 7#a7 support implementation of the provisions of this subtitle2 7#b7 coordinate development of ,federal regulations1 policy1 protocols1 and guidelines on matters relating to the implementation of this subtitle1 at each agency administering a covered housing program2 7#c7 advise and coordinate with designated officials within the ,united ,states ,interagency ,council on ,homelessness1 the ,department of ,housing and ,urban ,development1 the ,department of the ,treasury1 the ,department of ,agriculture1 the ,department of ,health and ,human ,services1 the ,department of ,veterans ,affairs1 and the ,department of ,justice concerning legislation1 implementation1 and other issues relating to or affecting the housing provisions under this subtitle2 7#d7 provide technical assistance1 coordination1 and support to each appropriate agency regarding advancing housing protections and access to housing for victims of domestic violence1 dating violence1 sexual assault1 and stalking1 including compliance with this subtitle2 7#e7 ensure that adequate technical assistance is made available to covered housing providers regarding implementation of this subtitle1 as well as other issues related to advancing housing protections for victims of domestic violence1 dating violence1 sexual assault1 and stalking1 including compliance with this subtitle2 7#f7 act as a liaison with the judicial branches of ,federal1 ,state1 and local governments on matters relating to the housing needs of victims of domestic violence1 dating violence1 sexual assault1 and stalking2 7#g7 implement a quality control system and a corrective action plan system for those covered housing providers that fail to comply with this subtitle1 wherein-- 7,a7 such corrective action plans shall be developed in partnership with national1 ,state1 or local programs focused on child or adult victims of domestic violence1 dating violence1 sexual assault1 or stalking2 and 7,b7 such corrective action plans shall include provisions requiring covered housing providers to review and develop appropriate notices1 procedures1 and staff training to improve compliance with this subtitle1 in partnership with national1 state1 or local programs focused on child or adult victims2 7#h7 establish a formal reporting process to receive individual complaints concerning noncompliance with this subtitle2 7#i7 coordinate the development of interagency guidelines to ensure that information concerning available dwelling units is forwarded to the ,director by all covered housing providers for use by the ,secretary in facilitating the emergency transfer process2 7#aj7 coordinate with ,,hud regional offices and officials at each appropriate agency the development of ,federal regulations1 policy1 protocols1 and guidelines regarding uniform timeframes for the completion of emergency transfers2 and 7#aa7 ensure that the guidance and notices to victims are distributed in commonly encountered languages4 7c7 ,rules of ,construction ,nothing in this section shall be construed-- 7#a7 to limit any claim filed or other proceeding commenced1 by the date of enactment of the ,violence ,against ,women ,reauthorization ,act of #bjai1 with regard to any right1 remedy1 or procedure otherwise available under the ,violence ,against ,women ,reauthorization ,act of #bjje 7,public ,law #aji-afb1 #aai ,stat4 #bifj71 as in effect on the day prior to such date of enactment2 or 7#b7 to supersede any provision of any ,federal1 ,state1 or local law that provides greater protection than this section for victims of domestic violence1 dating violence1 sexual assault1 or stalking4 #dadad4 ,prohibition on retaliation 7a7 ,nondiscrimination requirement ,no covered housing provider shall discriminate against any person because that person has opposed any act or practice made unlawful by this subtitle1 or because that individual testified1 assisted1 or participated in any matter related to this subtitle4 7b7 ,prohibition on coercion ,no covered housing provider shall coerce1 intimidate1 threaten1 or interfere with1 or retaliate against1 any person in the exercise or enjoyment of1 or on account of the person having exercised or enjoyed1 or on account of the person having aided or encouraged any other individual in the exercise or enjoyment of1 any rights or protections under this subtitle1 including-- 7#a7 intimidating or threatening any person because that person is assisting or encouraging an individual entitled to claim the rights or protections under this subtitle2 and 7#b7 retaliating against any person because that person has participated in any investigation or action to enforce this subtitle4 7c7 ,enforcement authority of the ,secretary ,the authority of the ,secretary of ,housing and ,urban ,development and the ,office for ,fair ,housing and ,equal ,opportunity to enforce this section shall be the same as the ,fair ,housing ,act 7#db ,u4,s4,c4 #cfaj et seq474 4 #adffc4 ,protecting the right to report crime from one's home 7a7 ,in general ,chapter #b of subtitle ,n of title ,,iv of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abdia et seq471 as amended by this ,act1 is further amended by inserting after section #dadad the following3 #dadae4 ,right to ,report ,crime and ,emergencies from ,one's ,home 7a7 ,in general ,landlords1 homeowners1 residents1 occupants1 and guests of1 and applicants for1 housing assisted under a covered housing program shall have the right to seek law enforcement or emergency assistance on their own behalf or on behalf of another person in need of assistance1 and shall not be penalized based on their requests for assistance or based on criminal activity of which they are a victim or otherwise not at fault under statutes1 ordinances1 regulations1 or policies adopted or enforced by covered governmental entities as defined in subsection 7d74 ,penalties that are prohibited include-- 7#a7 actual or threatened assessment of penalties1 fees1 or fines2 7#b7 actual or threatened eviction2 7#c7 actual or threatened refusal to rent or renew tenancy2 7#d7 actual or threatened refusal to issue an occupancy permit or landlord permit2 and 7#e7 actual or threatened closure of the property1 or designation of the property as a nuisance or a similarly negative designation4 7b7 ,reporting ,consistent with the process provided for in section #ajd7;b7 of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecjd7;b771 covered governmental entities shall-- 7#a7 report any of their laws or policies1 or1 as applicable1 the laws or policies adopted by subgrantees1 that impose penalties on landlords1 homeowners1 residents1 occupants1 guests1 or housing applicants based on requests for law enforcement or emergency assistance or based on criminal activity that occurred at a property2 and 7#b7 certify that they are in compliance with the protections under this subtitle or describe the steps they will take within #ahj days to come into compliance1 or to ensure compliance among subgrantees4 7c7 ,oversight ,oversight and accountability mechanisms provided for under title ,,viii of the ,civil ,rights ,act of #aifh 7#db ,u4,s4,c4 #cfja et seq47 shall be available to address violations of this section4 7d7 ,definition ,for purposes of this section1 covered governmental entity shall mean any municipal1 county1 or state government that receives funding pursuant to section #ajf of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecjf74 7e7 ,subgrantees ,for those covered governmental entities that distribute funds to subgrantees1 compliance with subsection 7b77#a7 includes inquiring about the existence of laws and policies adopted by subgrantees that impose penalties on landlords1 homeowners1 residents1 occupants1 guests1 or housing applicants based on requests for law enforcement or emergency assistance or based on criminal activity that occurred at a property4 4 7b7 ,supporting effective1 alternative crime reduction methods 7#a7 ,additional authorized use of ,byrne-,,jag funds ,section #eja7;a77#a7 of subpart #a of part ,e of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaeb7;a77#a77 is amended by adding after subparagraph 7,h7 the following3 7,i7 ,programs for the development and implementation of alternative methods of reducing crime in communities1 to supplant punitive programs or policies4 ,for purposes of this subparagraph1 a punitive program or policy is a program or policy that 7i7 imposes a penalty on a victim of domestic violence1 dating violence1 sexual assault1 or stalking1 on the basis of a request by the victim for law enforcement or emergency assistance2 or 7ii7 imposes a penalty on such a victim because of criminal activity at the property in which the victim resides4 4 7#b7 ,additional authorized use of ,,cops funds ,section #agja7;b7 of part ,q of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajcha7;b77 is amended-- 7,a7 in paragraph 7#bb71 by striking and after the semicolon2 7,b7 in paragraph 7#bc71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#bd7 to develop and implement alternative methods of reducing crime in communities1 to supplant punitive programs or policies 7as such term is defined in section #eja7;a77#a77;,i774 4 7#c7 ,additional authorized use of grants to encourage arrest policies ,section #baja7;b7 of part ,u of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajdfa7;b771 as amended by this ,act1 is further amended by adding at the end the following3 7#be7 ,to develop and implement alternative methods of reducing crime in communities1 to supplant punitive programs or policies4 ,for purposes of this paragraph1 a punitive program or policy is a program or policy that 7,a7 imposes a penalty on a victim of domestic violence1 dating violence1 sexual assault1 or stalking1 on the basis of a request by the victim for law enforcement or emergency assistance2 or 7,b7 imposes a penalty on such a victim because of criminal activity at the property in which the victim resides4 4 #adffd4 ,transitional housing assistance grants for victims of domestic violence1 dating violence1 sexual assault1 or stalking ,section #djbii of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abcea7 is amended-- 7#a7 in subsection 7a71 in the matter preceding paragraph 7#a7-- 7,a7 by striking the ,director of the ,violence ,against ,women ,office and inserting the ,director of the ,office on ,violence ,against ,women2 and 7,b7 by inserting after 1 other nonprofit1 nongovernmental organizations the following3 1 population-specific organizations2 and 7#b7 in subsection 7g7-- 7,a7 in paragraph 7#a71 by striking #bjad through #bjah and inserting #bjbj through #bjbd2 7,b7 in paragraph 7#b71 by striking #e percent and inserting #h percent2 and 7,c7 in paragraph 7#c77;,b71 by striking #j4be percent and inserting #j4e percent4 #adffe4 ,addressing the housing needs of victims of domestic violence1 dating violence1 sexual assault1 and stalking 7a7 ,mc,kinney-,vento ,homeless ,assistance ,grants ,section #dbc7;a7 of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aachc7;a77 is amended by adding at the end the following3 7#ac7 ,facilitating and coordinating activities to ensure compliance with section #dadaa7;e7 of the ,violence ,against ,women ,act of #aiid1 including1 in consultation with the regional office 7if applicable7 of the appropriate agency 7as such term is defined in section #dadaa of the ,violence ,against ,women ,act of #aiid71 development of external transfer memoranda of understanding between covered housing providers1 participating in the local ,continua of ,care1 facilitation of external transfers between those covered housing providers participating in the local ,continua of ,care1 and monitoring compliance with the confidentiality protections of section #dadaa7;c77#d7 of the ,violence ,against ,women ,act of #aiid for reporting to that regional office4 4 7b7 ,definition of domestic violence and other dangerous or life-,threatening conditions amended ,section #ajc7;b7 of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacjb7;b77 is amended to read as follows3 7b7 ,domestic violence and other dangerous or life-,threatening conditions ,notwithstanding any other provision of this section1 the ,secretary shall consider to be homeless any individual or family who-- 7#a7 is fleeing1 or attempting to flee1 domestic violence1 dating violence1 sexual assault1 stalking1 and who have no other residence and lack resources to obtain other permanent housing2 or 7#b7 is fleeing or attempting to flee a dangerous or life-threatening condition in the individual's or family's current housing situation1 including where the health and safety of children are jeopardized and who have no other residence and lack the resources or support networks to obtain other permanent housing4 4 7c7 ,collaborative grants ,to increase the long-,term stability of victims ,section #dadjd7;i7 of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abdgd7;i77 is amended by striking #bjad through #bjah and inserting #bjbj through #bjbd4 7d7 ,grants ,to combat violence against women in public and assisted housing ,section #dadje of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abdge7 is amended-- 7#a7 in subsection 7b71 by striking the ,director of the ,violence ,against ,women ,office and inserting the ,director of the ,office on ,violence ,against ,women2 7#b7 in subsection 7c77#b77;,d71 by inserting after linguistically and culturally specific service providers1 the following3 population-specific organizations12 and 7#c7 in subsection 7g71 by striking #bjad through #bjah and inserting the following3 #bjbj through #bjbd4 #adfff4 ,united ,states ,housing ,act of #aicg amendments ,section #e;,a7d7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;c-#a7;d77 is amended-- 7#a7 by amending paragraph 7#ac7 to read as follows3 7#ac7 ,domestic violence1 dating violence1 sexual assault1 or stalking programs 7,a7 ,copies ,a copy of-- 7i7 all standardized notices issued pursuant to the housing protections under subtitle ,n of the ,violence ,against ,women ,act of #aiid1 including the notice required under section #dadaa7;d7 of the ,violence ,against ,women ,act of #aiid2 7ii7 the emergency transfer plan issued pursuant to section #dadaa of the ,violence ,against ,women ,act of #aiid2 and 7iii7 any and all memoranda of understanding with other covered housing providers developed to facilitate emergency transfers under section #dadaa7;e7 of the ,violence ,against ,women ,act of #aiid4 7,b7 ,descriptions ,a description of-- 7i7 any activities1 services1 or programs provided or offered by an agency1 either directly or in partnership with other service providers1 to child or adult victims of domestic violence1 dating violence1 sexual assault1 or stalking2 7ii7 any activities1 services1 or programs provided or offered by a public housing agency that helps child and adult victims of domestic violence1 dating violence1 sexual assault1 or stalking1 to obtain or maintain housing2 7iii7 any activities1 services1 or programs provided or offered by a public housing agency to prevent domestic violence1 dating violence1 sexual assault1 and stalking1 or to enhance victim safety in assisted families2 and 7iv7 all training and support services offered to staff of the public housing agency to provide a basic understanding of domestic violence1 dating violence1 sexual assault1 and stalking1 and to facilitate implementation of the housing protections of section #dadaa of the ,violence ,against ,women ,act of #aiid4 2 and 7#b7 in paragraph 7#af71 by inserting the ,violence ,against ,women ,act of #aiid1 before the ,fair ,housing ,act4 #g ,economic ,security for ,victims #adfga4 ,findings ,congress finds the following3 7#a7 ,over #a in #c women experience sexual violence1 and #a in #e women have survived completed or attempted rape4 ,such violence has a devastating impact on women's physical and emotional health1 financial security1 and ability to maintain their jobs1 and thus impacts interstate commerce and economic security4 7#b7 ,the ,office on ,violence ,against ,women of the ,department of ,justice defines domestic violence as a pattern of abusive behavior in any relationship that is used by one intimate partner to gain or maintain power and control over another intimate partner4 ,domestic violence can include physical1 sexual1 emotional1 economic1 or psychological actions or threats of actions that influence another person4 ,domestic violence includes any behaviors that intimidate1 manipulate1 humiliate1 isolate1 frighten1 terrorize1 coerce1 threaten1 blame1 hurt1 injure1 or wound an individual4 7#c7 ,the ,centers for ,disease ,control and ,prevention report that domestic violence or intimate partner violence is a serious public health issue for millions of individuals in the ,united ,states4 ,nearly #a in #d women and #a in #i men in the ,united ,states have suffered sexual violence1 physical violence1 or stalking by an intimate partner4 7#d7 ,transgender and gender non-conforming people face extraordinary levels of physical and sexual violence4 7#e7 ,more than #a in #d transgender people have faced bias-driven assault1 and this rate is higher for trans women and trans people of color4 7#f7 ,the ,american ,foundation for ,suicide ,prevention has found that transgender and gender non-conforming people had an elevated prevalence of suicide attempts1 especially when they have suffered physical or sexual violence4 7#g7 ,homicide is one of the leading causes of death for women on the job4 ,domestic partners or relatives commit #dc percent of workplace homicides against women4 ,one study found that intimate partner violence resulted in #adb homicides among women at work in the ,united ,states from #bjjc to #bjjh1 a figure which represents #bb percent of the #fdh workplace homicides among women during the period4 ,in fact1 in #bjaj1 homicides against women at work increased by #ac percent despite continuous declines in overall workplace homicides in recent years4 7#h7 ,women in the ,united ,states are #aa times more likely to be murdered with guns than women in other high-income countries4 ,female intimate partners are more likely to be murdered with a firearm than all other means combined4 ,the presence of a gun in domestic violence situations increases the risk of homicide for women by #ejj percent4 7#i7 ,violence can have a dramatic impact on the survivor of such violence4 ,studies indicate that #dd percent of surveyed employed adults experienced the effect of domestic violence in the workplace1 and #fd percent indicated their workplace performance was affected by such violence4 ,another recent survey found that #gh percent of offenders used workplace resources to express anger1 check up on1 pressure1 or threaten a survivor4 ,sexual assault1 whether occurring in or out of the workplace1 can impair an employee's work performance1 require time away from work1 and undermine the employee's ability to maintain a job4 ,nearly #ej percent of sexual assault survivors lose their jobs or are forced to quit in the aftermath of the assaults4 7#aj7 ,studies find that #fj percent of single women lack economic security and #ha percent of households with single mothers live in economic insecurity4 ,significant barriers that survivors confront include access to housing1 transportation1 and child care4 ,ninety-two percent of homeless women have experienced domestic violence1 and more than #ej percent of such women cite domestic violence as the direct cause for homelessness4 ,survivors are deprived of their autonomy1 liberty1 and security1 and face tremendous threats to their health and safety4 7#aa7 ,the ,centers for ,disease ,control and ,prevention report that survivors of severe intimate partner violence lose nearly #h million days of paid work1 which is the equivalent of more than #cb1jjj full-time jobs and almost #e1fjj1jjj days of household productivity each year4 ,therefore1 women disproportionately need time off to care for their health or to find safety solutions1 such as obtaining a restraining order or finding housing1 to avoid or prevent further violence4 7#ab7 ,annual costs of intimate partner violence are estimated to be more than #h1cjj1jjj1jjj4 ,according to the ,centers for ,disease ,control and ,prevention1 the costs of intimate partner violence against women in #aiie exceeded an estimated #e1hjj1jjj1jjj4 ,these costs included nearly #d1ajj1jjj1jjj in the direct costs of medical and mental health care and nearly #a1hjj1jjj1jjj in the indirect costs of lost productivity4 ,these statistics are generally considered to be underestimated because the costs associated with the criminal justice system are not included4 7#ac7 ,fifty-five percent of senior executives recently surveyed said domestic violence has a harmful effect on their company's productivity1 and more than #gj percent said domestic violence negatively affects attendance4 ,seventy-eight percent of human resources professionals consider partner violence a workplace issue4 ,however1 more than #gj percent of ,united ,states workplaces have no formal program or policy that addresses workplace violence1 let alone domestic violence4 ,in fact1 only four percent of employers provided training on domestic violence4 7#ad7 ,studies indicate that one of the best predictors of whether a survivor will be able to stay away from his or her abuser is the degree of his or her economic independence4 ,however1 domestic violence1 dating violence1 sexual assault1 and stalking often negatively impact a survivor's ability to maintain employment4 7#ae7 ,abusers frequently seek to exert financial control over their partners by actively interfering with their ability to work1 including preventing their partners from going to work1 harassing their partners at work1 limiting their partners' access to cash or transportation1 and sabotaging their partners' child care arrangements4 7#af7 ,economic abuse refers to behaviors that control an intimate partner's ability to acquire1 use1 and maintain access to1 money1 credit1 ownership of assets1 or access to governmental or private financial benefits1 including defaulting on joint obligations 7such as school loans1 credit card debt1 mortgages1 or rent74 ,other forms of such abuse may include preventing someone from attending school1 threatening to or actually terminating employment1 controlling or withholding access to cash1 checking1 or credit accounts1 and attempting to damage or sabotage the creditworthiness of an intimate partner1 including forcing an intimate partner to write bad checks1 forcing an intimate partner to default on payments related to household needs1 such as housing1 or forcing an intimate partner into bankruptcy4 7#ag7 ,the ,patient ,protection and ,affordable ,care ,act 7,public ,law #aaa-adh71 and the amendments made by such ,act1 ensures that most health plans must cover preventive services1 including screening and counseling for domestic violence1 at no additional cost4 ,in addition1 it prohibits insurance companies from discriminating against patients for preexisting conditions1 like domestic violence4 7#ah7 ,yet1 more can be done to help survivors4 ,federal law in effect on the day before the date of enactment of this ,act does not explicitly-- 7,a7 authorize survivors of domestic violence1 dating violence1 sexual assault1 or stalking to take leave from work to seek legal assistance and redress1 counseling1 or assistance with safety planning activities2 7,b7 address the eligibility of survivors of domestic violence1 dating violence1 sexual assault1 or stalking for unemployment compensation2 7,c7 provide job protection to survivors of domestic violence1 dating violence1 sexual assault1 or stalking2 7,d7 prohibit insurers and employers who self-insure employee benefits from discriminating against survivors of domestic violence1 dating violence1 sexual assault1 or stalking and those who help them in determining eligibility1 rates charged1 and standards for payment of claims2 or 7,e7 prohibit insurers from disclosing information about abuse and the location of the survivors through insurance databases and other means4 7#ai7 ,this ,act aims to empower survivors of domestic violence1 dating violence1 sexual assault1 or stalking to be free from violence1 hardship1 and control1 which restrains basic human rights to freedom and safety in the ,united ,states4 #adfgb4 ,national ,resource ,center on workplace responses to assist victims of domestic and sexual violence ,section #daeja of the ,violent ,crime ,control and ,law ,enforcement ,act of #aiid 7#cd ,u4,s4,c4 #abeja7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by inserting and sexual harassment after domestic and sexual violence2 and 7,b7 by striking employers and labor organizations and inserting employers1 labor organizations1 and victim service providers2 7#b7 in subsection 7b77#c71 by striking and stalking and inserting stalking1 and sexual harassment2 7#c7 in subsection 7c77#a71 by inserting before the period at the end or sexual harassment2 7#d7 in subsection 7c77#b77;,a71 by inserting or sexual harassment after sexual violence2 and 7#e7 in subsection 7e71 by striking #a1jjj1jjj for each of fiscal years #bjad through #bjah and inserting #b1jjj1jjj for each of fiscal years #bjbj through #bjbd4 #adfgc4 ,entitlement to unemployment compensation for victims of sexual and other harassment and survivors of domestic violence1 sexual assault1 or stalking 7a7 ,unemployment compensation 7#a7 ,section #ccjd7;a7 of the ,internal ,revenue ,code of #aihf is amended by striking and at the end of paragraph 7#ah71 by redesignating paragraph 7#ai7 as paragraph 7#bj71 and by inserting after paragraph 7#ah7 the following new paragraph3 7#ai7 no person may be denied compensation under such ,state law solely on the basis of the individual having a voluntary separation from work if such separation is attributable to such individual being a victim of sexual or other harassment or a survivor of domestic violence1 sexual assault1 or stalking2 and 4 7#b7 ,section #ccjd of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new subsection3 7g7 ,sexual or other harassment2 etc 7#a7 ,documentation ,for purposes of subsection 7a77#ai71 a voluntary separation of an individual shall be considered to be attributable to such individual being a survivor or victim of sexual or other harassment or a survivor of domestic violence1 sexual assault1 or stalking if such individual submits such evidence as the ,state deems sufficient4 7#b7 ,sufficient documentation ,for purposes of paragraph 7#a71 a ,state shall deem sufficient1 at a minimum-- 7,a7 evidence of such harassment1 violence1 assault1 or stalking in the form of-- 7i7 a sworn statement and a form of identification2 7ii7 a police or court record2 or 7iii7 documentation from a victim service provider1 an attorney1 a police officer1 a medical professional1 a social worker1 an antiviolence counselor1 a member of the clergy1 or another professional2 and 7,b7 an attestation that such voluntary separation is attributable to such harassment1 violence1 assault1 or stalking4 7#c7 ,definitions ,for purposes of this section-- 7,a7 ,the terms domestic violence1 sexual assault1 stalking1 victim of sexual or other harassment1 and survivor of domestic violence1 sexual assault1 or stalking have the meanings given such terms under ,state law1 regulation1 or policy4 7,b7 ,the term victim service provider has the meaning given such term in section #djjjb of the ,violence ,against ,women ,act of #aiid4 4 7b7 ,unemployment compensation personnel training ,section #cjc7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #ejc7;a77 is amended-- 7#a7 by redesignating paragraphs 7#d7 through 7#ab7 as paragraphs 7#e7 through 7#ac71 respectively2 and 7#b7 by inserting after paragraph 7#c7 the following new paragraph3 7#d7 7,a7 ,such methods of administration as will ensure that-- 7i7 applicants for unemployment compensation and individuals inquiring about such compensation are notified of the provisions of section #ccjd7;a77#ai7 of the ,internal ,revenue ,code of #aihf2 and 7ii7 claims reviewers and hearing personnel are trained in-- 7,i7 the nature and dynamics of sexual and other harassment1 domestic violence1 sexual assault1 or stalking2 and 7,,ii7 methods of ascertaining and keeping confidential information about possible experiences of sexual and other harassment1 domestic violence1 sexual assault1 or stalking to ensure that-- 7aa7 requests for unemployment compensation based on separations stemming from sexual and other harassment1 domestic violence1 sexual assault1 or stalking are identified and adjudicated2 and 7bb7 confidentiality is provided for the individual's claim and submitted evidence4 7,b7 ,for purposes of this paragraph-- 7i7 the terms domestic violence1 sexual assault1 and stalking have the meanings given such terms in section #djjjb of the ,violence ,against ,women ,act of #aiid2 7ii7 the term sexual and other harassment has the meaning given such term under ,state law1 regulation1 or policy2 and 7iii7 the term survivor of domestic violence1 sexual assault1 or stalking means-- 7,i7 a person who has experienced or is experiencing domestic violence1 sexual assault1 or stalking2 and 7,,ii7 a person whose family or household member has experienced or is experiencing domestic violence1 sexual assault1 or stalking4 4 7c7 ,,tanf personnel training ,section #djb7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fjb7;a77 is amended by adding at the end the following new paragraph3 7#h7 ,certification that the ,state will provide information to survivors of sexual and other harassment1 domestic violence1 sexual assault1 or stalking 7,a7 ,in general ,a certification by the chief executive officer of the ,state that the ,state has established and is enforcing standards and procedures to-- 7i7 ensure that applicants for assistance under the ,state program funded under this part and individuals inquiring about such assistance are adequately notified of-- 7,i7 the provisions of section #ccjd7;a77#ai7 of the ,internal ,revenue ,code of #aihf2 and 7,,ii7 assistance made available by the ,state to survivors of sexual and other harassment1 domestic violence1 sexual assault1 or stalking2 7ii7 ensure that case workers and other agency personnel responsible for administering the ,state program funded under this part are adequately trained in-- 7,i7 the nature and dynamics of sexual and other harassment1 domestic violence1 sexual assault1 or stalking2 7,,ii7 ,state standards and procedures relating to the prevention of1 and assistance for individuals who are survivors of sexual and other harassment1 domestic violence1 sexual assault1 or stalking2 and 7,,iii7 methods of ascertaining and keeping confidential information about possible experiences of sexual and other harassment1 domestic violence1 sexual assault1 or stalking2 7iii7 ensure that1 if a ,state has elected to establish and enforce standards and procedures regarding the screening for1 and identification of1 domestic violence pursuant to paragraph 7#g7-- 7,i7 applicants for assistance under the ,state program funded under this part and individuals inquiring about such assistance are adequately notified of options available under such standards and procedures2 and 7,,ii7 case workers and other agency personnel responsible for administering the ,state program funded under this part are provided with adequate training regarding such standards and procedures and options available under such standards and procedures2 and 7iv7 ensure that the training required under subparagraphs 7,b7 and1 if applicable1 7,c77ii7 is provided through a training program operated by an eligible entity4 7,b7 ,definitions ,for purposes of this paragraph-- 7i7 the terms domestic violence1 sexual assault1 and stalking have the meanings given such terms in section #djjjb of the ,violence ,against ,women ,act of #aiid2 7ii7 the term sexual and other harassment has the meaning given such term under ,state law1 regulation1 or policy2 and 7iii7 the term survivor of domestic violence1 sexual assault1 or stalking means-- 7,i7 a person who has experienced or is experiencing domestic violence1 sexual assault1 or stalking2 and 7,,ii7 a person whose family or household member has experienced or is experiencing domestic violence1 sexual assault1 or stalking4 4 7d7 ,sexual and other harassment1 domestic violence1 sexual assault1 or stalking training grant program 7#a7 ,grants authorized ,the ,secretary of ,labor 7in this subsection referred to as the ,secretary7 is authorized to award-- 7,a7 a grant to a national victim service provider in order for such organization to-- 7i7 develop and disseminate a model training program 7and related materials7 for the training required under section #cjc7;a77#d77;,b7 of the ,social ,security ,act1 as added by subsection 7b71 and under subparagraph 7,b7 and1 if applicable1 subparagraph 7,c77ii7 of section #djb7;a77#h7 of such ,act1 as added by subsection 7c72 and 7ii7 provide technical assistance with respect to such model training program1 including technical assistance to the temporary assistance for needy families program and unemployment compensation personnel2 and 7,b7 grants to ,state1 tribal1 or local agencies in order for such agencies to contract with eligible entities to provide ,state1 tribal1 or local caseworkers and other ,state1 tribal1 or local agency personnel responsible for administering the temporary assistance for needy families program established under part ,a of title ,,iv of the ,social ,security ,act in a ,state or ,indian reservation with the training required under subparagraph 7,b7 and1 if applicable1 subparagraph 7,c77ii7 of such section #djb7;a77#h74 7#b7 ,eligible entity defined ,for purposes of paragraph 7#a77;,b71 the term eligible entity means an entity-- 7,a7 that is-- 7i7 a ,state or tribal domestic violence coalition or sexual assault coalition2 7ii7 a ,state or local victim service provider with recognized expertise in the dynamics of domestic violence1 sexual assault1 or stalking whose primary mission is to provide services to survivors of domestic violence1 sexual assault1 or stalking1 including a rape crisis center or domestic violence program2 or 7iii7 an organization with demonstrated expertise in ,state or county welfare laws and implementation of such laws and experience with disseminating information on such laws and implementation1 but only if such organization will provide the required training in partnership with an entity described in clause 7i7 or 7ii72 and 7,b7 that-- 7i7 has demonstrated expertise in the dynamics of both domestic violence and sexual assault1 such as a joint domestic violence and sexual assault coalition2 or 7ii7 will provide the required training in partnership with an entity described in clause 7i7 or 7ii7 of subparagraph 7,a7 in order to comply with the dual domestic violence and sexual assault expertise requirement under clause 7i74 7#c7 ,application ,an entity seeking a grant under this subsection shall submit an application to the ,secretary at such time1 in such form and manner1 and containing such information as the ,secretary specifies4 7#d7 ,reports 7,a7 ,reports to congress ,not later than a year after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary shall submit to ,congress a report on the grant program established under this subsection4 7,b7 ,reports available to public ,the ,secretary shall establish procedures for the dissemination to the public of each report submitted under subparagraph 7,a74 ,such procedures shall include the use of the internet to disseminate such reports4 7#e7 ,authorization of appropriations 7,a7 ,in general ,there are authorized to be appropriated-- 7i7 #a1jjj1jjj for fiscal year #bjbj to carry out the provisions of paragraph 7#a77;,a72 and 7ii7 #ab1jjj1jjj for each of fiscal years #bjbj through #bjbd to carry out the provisions of paragraph 7#a77;,b74 7,b7 ,three-year availability of grant funds ,each recipient of a grant under this subsection shall return to the ,secretary any unused portion of such grant not later than #c years after the date the grant was awarded1 together with any earnings on such unused portion4 7,c7 ,amounts returned ,any amounts returned pursuant to subparagraph 7,b7 shall be available without further appropriation to the ,secretary for the purpose of carrying out the provisions of paragraph 7#a77;,b74 7e7 ,effect on existing laws1 etc 7#a7 ,more protective laws1 agreements1 programs1 and plans ,nothing in this title shall be construed to supersede any provision of any ,federal1 ,state1 or local law1 collective bargaining agreement1 or employment benefits program or plan that provides greater unemployment insurance benefits for survivors of sexual and other harassment1 domestic violence1 sexual assault1 or stalking than the rights established under this title4 7#b7 ,less protective laws1 agreements1 programs1 and plans ,any law1 collective bargaining agreement1 or employment benefits program or plan of a ,state or unit of local government is preempted to the extent that such law1 agreement1 or program or plan would impair the exercise of any right established under this title or the amendments made by this title4 7f7 ,effective date 7#a7 ,unemployment amendments 7,a7 ,in general ,except as provided in subparagraph 7,b7 and paragraph 7#b71 the amendments made by this section shall apply in the case of compensation paid for weeks beginning on or after the expiration of the #ahj-;day period beginning on the date of enactment of this ,act4 7,b7 ,extension of effective date for ,state law amendment 7i7 ,in general ,except as provided in paragraph 7#b71 in a case in which the ,secretary of ,labor identifies a ,state as requiring a change to its statutes1 regulations1 or policies in order to comply with the amendments made by this section1 such amendments shall apply in the case of compensation paid for weeks beginning after the earlier of-- 7,i7 the date the ,state changes its statutes1 regulations1 or policies in order to comply with such amendments2 or 7,,ii7 the end of the first session of the ,state legislature which begins after the date of enactment of this ,act or which began prior to such date and remained in session for at least #be calendar days after such date1 except that in no case shall such amendments apply before the date that is #ahj days after the date of enactment of this ,act4 7ii7 ,session defined ,in this subparagraph1 the term session means a regular1 special1 budget1 or other session of a ,state legislature4 7#b7 ,,tanf amendment 7,a7 ,in general ,except as provided in subparagraph 7,b71 the amendment made by subsection 7c7 shall take effect on the date of enactment of this ,act4 7,b7 ,extension of effective date for ,state law amendment ,in the case of a ,state plan under part ,a of title ,,iv of the ,social ,security ,act which the ,secretary of ,health and ,human ,services determines requires ,state action 7including legislation1 regulation1 or other administrative action7 in order for the plan to meet the additional requirements imposed by the amendment made by subsection 7c71 the ,state plan shall not be regarded as failing to comply with the requirements of such amendment on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the ,state legislature that begins after the date of enactment of this ,act4 ,for purposes of the previous sentence1 in the case of a ,state that has a #b-year legislative session1 each year of the session is considered to be a separate regular session of the ,state legislature4 7g7 ,definitions ,in this section1 the terms domestic violence1 sexual assault1 stalking1 survivor of domestic violence1 sexual assault1 or stalking1 and victim service provider have the meanings given such terms in section #ccjd7;g7 of the ,internal ,revenue ,code of #aihf4 #adfgd4 ,study and reports on barriers to survivors' economic security access 7a7 ,study ,the ,secretary of ,health and ,human ,services1 in consultation with the ,secretary of ,labor1 shall conduct a study on the barriers that survivors of domestic violence1 dating violence1 sexual assault1 or stalking throughout the ,united ,states experience in maintaining economic security as a result of issues related to domestic violence1 dating violence1 sexual assault1 or stalking4 7b7 ,reports ,not later than #a year after the date of enactment of this title1 and every #e years thereafter1 the ,secretary of ,health and ,human ,services1 in consultation with the ,secretary of ,labor1 shall submit a report to ,congress on the study conducted under subsection 7a74 7c7 ,contents ,the study and reports under this section shall include-- 7#a7 identification of geographic areas in which ,state laws1 regulations1 and practices have a strong impact on the ability of survivors of domestic violence1 dating violence1 sexual assault1 or stalking to exercise-- 7,a7 any rights under this ,act without compromising personal safety or the safety of others1 including family members and excluding the abuser2 and 7,b7 other components of economic security1 including financial empowerment1 affordable housing1 transportation1 healthcare access1 and quality education and training opportunities2 7#b7 identification of geographic areas with shortages in resources for such survivors1 with an accompanying analysis of the extent and impact of such shortage2 7#c7 analysis of factors related to industries1 workplace settings1 employer practices1 trends1 and other elements that impact the ability of such survivors to exercise any rights under this ,act without compromising personal safety or the safety of others1 including family members2 7#d7 the recommendations of the ,secretary of ,health and ,human ,services and the ,secretary of ,labor with respect to resources1 oversight1 and enforcement tools to ensure successful implementation of the provisions of this ,act in order to support the economic security and safety of survivors of domestic violence1 dating violence1 sexual assault1 or stalking2 and 7#e7 best practices for ,states1 employers1 health carriers1 insurers1 and other private entities in addressing issues related to domestic violence1 dating violence1 sexual assault1 or stalking4 #adfge4 ,,gao ,study ,not later than #ah months after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate a report that examines1 with respect to survivors of domestic violence1 dating violence1 sexual assault1 or stalking who are1 or were1 enrolled at institutions of higher education and borrowed a loan made1 insured1 or guaranteed under title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj et seq47 for which the survivors have not repaid the total interest and principal due1 each of the following3 7#a7 ,the implications of domestic violence1 dating violence1 sexual assault1 or stalking on a borrower's ability to repay their ,federal student loans4 7#b7 ,the adequacy of policies and procedures regarding ,federal student loan deferment1 forbearance1 and grace periods when a survivor has to suspend or terminate the survivor's enrollment at an institution of higher education due to domestic violence1 dating violence1 sexual assault1 or stalking4 7#c7 ,the adequacy of institutional policies and practices regarding retention or transfer of credits when a survivor has to suspend or terminate the survivor's enrollment at an institution of higher education due to domestic violence1 dating violence1 sexual assault1 or stalking4 7#d7 ,the availability or any options for a survivor of domestic violence1 dating violence1 sexual assault1 or stalking who attended an institution of higher education that committed unfair1 deceptive1 or abusive acts or practices1 or otherwise substantially misrepresented information to students1 to be able to seek a defense to repayment of the survivor's ,federal student loan4 7#e7 ,the limitations faced by a survivor of domestic violence1 dating violence1 sexual assault1 or stalking to obtain any relief or restitution on the survivor's ,federal student loan debt due to the use of forced arbitration1 gag orders1 or bans on class actions4 #adfgf4 ,education and information programs for survivors 7a7 ,public education campaign 7#a7 ,in general ,the ,secretary of ,labor1 in conjunction with the ,secretary of ,health and ,human ,services 7through the ,director of the ,centers for ,disease ,control and ,prevention and the grant recipient under section #daeja of the ,violence ,against ,women ,act of #aiid that establishes the national resource center on workplace responses to assist victims of domestic and sexual violence7 and the ,attorney ,general 7through the ,principal ,deputy ,director of the ,office on ,violence ,against ,women71 shall coordinate and provide for a national public outreach and education campaign to raise public awareness of the workplace impact of domestic violence1 dating violence1 sexual assault1 and stalking1 including outreach and education for employers1 service providers1 teachers1 and other key partners4 ,this campaign shall pay special attention to ensure that survivors are made aware of the existence of the following types of workplace laws 7federal and_/or ,state73 anti-discrimination laws that bar treating survivors differently2 leave laws1 both paid and unpaid that are available for use by survivors2 unemployment insurance laws and policies that address survivor eligibility4 7#b7 ,dissemination ,the ,secretary of ,labor1 in conjunction with the ,secretary of ,health and ,human ,services and the ,attorney ,general1 as described in paragraph 7#a71 may disseminate information through the public outreach and education campaign on the resources and rights referred to in this subsection directly or through arrangements with health agencies1 professional and nonprofit organizations1 consumer groups1 labor organizations1 institutions of higher education1 clinics1 the media1 and ,federal1 ,state1 and local agencies4 7#c7 ,information ,the information disseminated under paragraph 7#b7 shall include1 at a minimum1 a description of-- 7,a7 the resources and rights that are-- 7i7 available to survivors of domestic violence1 dating violence1 sexual assault1 or stalking2 and 7ii7 established in this ,act and the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abbia et seq472 7,b7 guidelines and best practices on prevention of domestic violence1 dating violence1 stalking1 and sexual assault2 7,c7 resources that promote healthy relationships and communication skills2 7,d7 resources that encourage bystander intervention in a situation involving domestic violence1 dating violence1 stalking1 or sexual assault2 7,e7 resources that promote workplace policies that support and help maintain the economic security of survivors of domestic violence1 dating violence1 sexual assault1 or stalking1 including guidelines and best practices to promote the creation of effective employee assistance programs2 and 7,f7 resources and rights that the heads of ,federal agencies described in paragraph 7#b7 determine are appropriate to include4 7#d7 ,common languages ,the ,secretary of ,labor shall ensure that the information disseminated to survivors under paragraph 7#b7 is made available in commonly encountered languages4 7b7 ,definitions ,in this section3 7#a7 ,employee 7,a7 ,in general ,the term employee means any individual employed by an employer4 ,in the case of an individual employed by a public agency1 such term means an individual employed as described in section #c7;e77#b7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7;e77#b774 7,b7 ,basis ,the term includes a person employed as described in subparagraph 7,a7 on a full- or part-time basis1 for a fixed time period1 on a temporary basis1 pursuant to a detail1 or as a participant in a work assignment as a condition of receipt of ,federal or ,state income-based public assistance4 7#b7 ,employer ,the term employer-- 7,a7 means any person engaged in commerce or in any industry or activity affecting commerce who employs #ae or more individuals2 and 7,b7 includes any person acting directly or indirectly in the interest of an employer in relation to an employee1 and includes a public agency that employs individuals as described in section #c7;e77#b7 of the ,fair ,labor ,standards ,act of #aich1 but does not include any labor organization 7other than when acting as an employer7 or anyone acting in the capacity of officer or agent of such labor organization4 7#c7 ,,flsa terms ,the terms employ and ,state have the meanings given the terms in section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc74 7c7 ,study on workplace responses ,the ,secretary of ,labor1 in conjunction with the ,secretary of ,health and ,human ,services1 shall conduct a study on the status of workplace responses to employees who experience domestic violence1 dating violence1 sexual assault1 or stalking while employed1 in each ,state and nationally1 to improve the access of survivors of domestic violence1 dating violence1 sexual assault1 or stalking to supportive resources and economic security4 7d7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section1 such sums as may be necessary for each of fiscal years #bjbj through #bjbd4 #adfgg4 ,severability ,if any provision of this ,act1 any amendment made by this ,act1 or the application of such provision or amendment to any person or circumstance is held to be unconstitutional1 the remainder of the provisions of this ,act1 the amendments made by this ,act1 and the application of such provisions or amendments to any person or circumstance shall not be affected4 #h ,homicide reduction initiatives #adfha4 ,prohibiting persons convicted of misdemeanor crimes against dating partners and persons subject to protection orders ,section #iba7;a7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#cb71 by striking all that follows after ,the term intimate partner and inserting the following3 -- 7,a7 means1 with respect to a person1 the spouse of the person1 a former spouse of the person1 an individual who is a parent of a child of the person1 and an individual who cohabitates or has cohabited with the person2 and 7,b7 includes-- 7i7 a dating partner or former dating partner 7as defined in section #bbff72 and 7ii7 any other person similarly situated to a spouse who is protected by the domestic or family violence laws of the ,state or tribal jurisdiction in which the injury occurred or where the victim resides4 2 7#b7 in paragraph 7#cc77;,a7-- 7,a7 in clause 7i71 by inserting after ,federal1 ,state1 the following3 municipal12 and 7,b7 in clause 7ii71 by inserting intimate partner1 after spouse1 each place it appears2 7#c7 by redesignating paragraphs 7#cd7 and 7#ce7 as paragraphs 7#ce7 and 7#cf7 respectively2 and 7#d7 by inserting after paragraph 7#cc7 the following3 7#cd7 7,a7 ,the term misdemeanor crime of stalking means an offense that-- 7i7 is a misdemeanor crime of stalking under ,federal1 ,state1 ,tribal1 or municipal law2 and 7ii7 is a course of harassment1 intimidation1 or surveillance of another person that-- 7,i7 places that person in reasonable fear of material harm to the health or safety of-- 7aa7 that person2 7bb7 an immediate family member 7as defined in section #aae7 of that person2 7cc7 a household member of that person2 or 7dd7 a spouse or intimate partner of that person2 or 7,,ii7 causes1 attempts to cause1 or would reasonably be expected to cause emotional distress to a person described in item 7aa71 7bb71 7cc71 or 7dd7 of subclause 7,i74 7,b7 ,a person shall not be considered to have been convicted of such an offense for purposes of this chapter1 unless-- 7i7 the person was represented by counsel in the case1 or knowingly and intelligently waived the right to counsel in the case2 and 7ii7 in the case of a prosecution for an offense described in this paragraph for which a person was entitled to a jury trial in the jurisdiction in which the case was tried1 either-- 7,i7 the case was tried by a jury2 or 7,,ii7 the person knowingly and intelligently waived the right to have the case tried by a jury1 by guilty plea or otherwise4 7,c7 ,a person shall not be considered to have been convicted of such an offense for purposes of this chapter if the conviction has been expunged or set aside1 or is an offense for which the person has been pardoned or has had civil rights restored 7if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense7 unless the pardon1 expungement1 or restoration of civil rights expressly provides that the person may not ship1 transport1 possess1 or receive firearms4 4 #adfhb4 ,prohibiting stalkers and individuals subject to court order from possessing a firearm ,section #ibb of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7d7-- 7,a7 in paragraph 7#h71 by striking that restrains such person and all that follows1 and inserting described in subsection 7g77#h722 7,b7 in paragraph 7#i71 by striking the period at the end and inserting 2 or2 and 7,c7 by inserting after paragraph 7#i7 the following3 7#aj7 who has been convicted in any court of a misdemeanor crime of stalking4 2 and 7#b7 in subsection 7g7-- 7,a7 by amending paragraph 7#h7 to read as follows3 7#h7 who is subject to a court order-- 7,a7 that was issued-- 7i7 after a hearing of which such person received actual notice1 and at which such person had an opportunity to participate2 or 7ii7 in the case of an ex parte order1 relative to which notice and opportunity to be heard are provided-- 7,i7 within the time required by ,state1 tribal1 or territorial law2 and 7,,ii7 in any event within a reasonable time after the order is issued1 sufficient to protect the due process rights of the person2 7,b7 that restrains such person from-- 7i7 harassing1 stalking1 or threatening an intimate partner of such person or child of such intimate partner or person1 or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child2 or 7ii7 intimidating or dissuading a witness from testifying in court2 and 7,c7 that-- 7i7 includes a finding that such person represents a credible threat to the physical safety of such individual described in subparagraph 7,b72 or 7ii7 by its terms explicitly prohibits the use1 attempted use1 or threatened use of physical force against such individual described in subparagraph 7,b7 that would reasonably be expected to cause bodily injury2 2 7,b7 in paragraph 7#i71 by striking the comma at the end and inserting 2 or2 and 7,c7 by inserting after paragraph 7#i7 the following3 7#aj7 who has been convicted in any court of a misdemeanor crime of stalking1 4 #i ,safety for ,indian ,women #adfia4 ,findings and purposes 7a7 ,findings ,congress finds the following3 7#a7 ,american ,indians and ,alaska ,natives are #b4e times as likely to experience violent crimes--and at least #b times more likely to experience rape or sexual assault crimes--compared to all other races4 7#b7 ,more than #d in #e ,american ,indian and ,alaska ,native women1 or #hd4c percent1 have experienced violence in their lifetime4 7#c7 ,the vast majority of ,native victims--#if percent of women and #hi percent of male victims--report being victimized by a non-,indian4 7#d7 ,native victims of sexual violence are three times as likely to have experienced sexual violence by an interracial perpetrator as non-,hispanic ,white victims and ,native stalking victims are nearly #d times as likely to be stalked by someone of a different race4 7#e7 ,while tribes exercising jurisdiction over non-,indians have reported significant successes1 the inability to prosecute crimes related to the ,special ,domestic ,violence ,criminal ,jurisdiction crimes continues to leave ,tribes unable to fully hold domestic violence offenders accountable4 7#f7 ,tribal prosecutors report that the majority of domestic violence cases involve children either as witnesses or victims1 and ,department of ,justice reports that ,american ,indian and ,alaska ,native children suffer exposure to violence at rates higher than any other race in the ,united ,states4 7#g7 ,childhood exposure to violence has immediate and long-term effects1 including3 increased rates of altered neurological development1 poor physical and mental health1 poor school performance1 substance abuse1 and overrepresentation in the juvenile justice system4 7#h7 ,according to the ,centers for ,disease ,control and ,prevention1 homicide is the third leading cause of death among ,american ,indian and ,alaska ,native women between #aj and #bd years of age and the fifth leading cause of death for ,american ,indian and ,alaska ,native women between #be and #cd years of age4 7#i7 ,on some reservations1 ,indian women are murdered at more than #aj times the national average4 7#aj7 ,according to a #bjaj ,government ,accountability ,office report1 ,united ,states ,attorneys declined to prosecute nearly #eb percent of violent crimes that occur in ,indian country4 7#aa7 ,investigation into cases of missing and murdered ,indian women is made difficult for tribal law enforcement agencies due to a lack of resources1 such as-- 7,a7 necessary training1 equipment1 or funding2 7,b7 a lack of interagency cooperation2 and 7,c7 a lack of appropriate laws in place4 7#ab7 ,domestic violence calls are among the most dangerous calls that law enforcement receives4 7#ac7 ,the complicated jurisdictional scheme that exists in ,indian country-- 7,a7 has a significant negative impact on the ability to provide public safety to ,indian communities2 7,b7 has been increasingly exploited by criminals2 and 7,c7 requires a high degree of commitment and cooperation among tribal1 ,federal1 and ,state law enforcement officials4 7#ad7 ,restoring and enhancing local1 tribal capacity to address violence against women provides for greater local control1 safety1 accountability1 and transparency4 7#ae7 ,in ,states with restrictive land settlement acts such as ,alaska1 ,indian country is limited1 resources for local tribal responses either nonexistent or insufficient to meet the needs1 jurisdiction unnecessarily complicated and increases the already high levels of victimization of ,american ,indian and ,alaska ,native women4 ,according to the ,tribal ,law and ,order ,act ,commission ,report1 ,alaska ,native women are over-represented in the domestic violence victim population by #bej percent2 they comprise #ai percent of the ,state population1 but are #dg percent of reported rape victims4 ,and among other ,indian ,tribes1 ,alaska ,native women suffer the highest rates of domestic and sexual violence in the country4 7b7 ,purposes ,the purposes of this title are-- 7#a7 to clarify the responsibilities of ,federal1 ,state1 tribal1 and local governments with respect to responding to cases of domestic violence1 dating violence1 stalking1 trafficking1 sexual violence1 crimes against children1 and assault against tribal law enforcement officers and murdered ,indians2 7#b7 to increase coordination and communication among ,federal1 ,state1 tribal1 and local law enforcement agencies2 7#c7 to empower tribal governments with the resources and information necessary to effectively respond to cases of domestic violence1 dating violence1 stalking1 sex trafficking1 sexual violence1 and missing and murdered ,indians2 and 7#d7 to increase the collection of data related to missing and murdered ,indians and the sharing of information among ,federal1 ,state1 and tribal officials responsible for responding to and investigating cases of missing and murdered ,indians4 #adfib4 ,authorizing funding for the tribal access program 7a7 ,in ,general ,section #ecd of title #bh1 ,united ,states ,code1 is amended by adding at the end the following3 7g7 ,authorization of appropriations ,there is authorized to be appropriated #c1jjj1jjj for each of fiscal years #bjbj through #bjbd1 to remain available until expended1 for the purposes of enhancing the ability of tribal government entities to access1 enter information into1 and obtain information from1 ,federal criminal information databases1 as authorized by this section4 4 7b7 ,indian tribe and ,indian law enforcement information sharing ,section #ecd of title #bh1 ,united ,states ,code1 is further amended by amending subsection 7d7 to read as follows3 7d7 ,indian tribe and ,indian law enforcement information sharing ,the ,attorney ,general shall permit tribal law enforcement entities 7including entities designated by a tribe as maintaining public safety within a tribe's territorial jurisdiction that has no federal or state arrest authority7 and ,bureau of ,indian ,affairs law enforcement agencies-- 7#a7 to access and enter information into ,federal criminal information databases2 and 7#b7 to obtain information from the databases4 4 #adfic4 ,tribal jurisdiction over crimes of domestic violence1 dating violence1 obstruction of justice1 sexual violence1 sex trafficking1 stalking1 and assault of a law enforcement officer or corrections officer ,section #bjd of ,public ,law #ij-bhd 7#be ,u4,s4,c4 #acjd7 7commonly known as the ,indian ,civil ,rights ,act of #aifh7 is amended-- 7#a7 in the heading1 by striking crimes of domestic violence and inserting crimes of domestic violence1 dating violence1 obstruction of justice1 sexual violence1 sex trafficking1 stalking1 and assault of a law enforcement or corrections officer2 7#b7 in subsection 7a77#f71 in the heading1 by striking ,special domestic violence criminal jurisdiction and inserting ,special tribal criminal jurisdiction2 7#c7 by striking special domestic violence criminal jurisdiction each place such term appears and inserting special tribal criminal jurisdiction2 7#d7 in subsection 7a7-- 7,a7 by adding at the end the following3 7#ab7 ,stalking ,the term stalking means engaging in a course of conduct directed at a specific person proscribed by the criminal law of the ,indian tribe that has jurisdiction over the ,indian country where the violation occurs that would cause a reasonable person to-- 7,a7 fear for the person's safety or the safety of others2 or 7,b7 suffer substantial emotional distress4 2 7,b7 by redesignating paragraphs 7#f7 and 7#g7 as paragraphs 7#aj7 and 7#aa72 7,c7 by inserting before paragraph 7#aj7 7as redesignated7 the following3 7#h7 ,sex trafficking 7,a7 ,in general ,the term sex trafficking means conduct-- 7i7 consisting of-- 7,i7 recruiting1 enticing1 harboring1 transporting1 providing1 obtaining1 advertising1 maintaining1 patronizing1 or soliciting by any means a person2 or 7,,ii7 benefitting1 financially or by receiving anything of value1 from participation in a venture that has engaged in an act described in subclause 7,i72 and 7ii7 carried out with the knowledge1 or1 except where the act constituting the violation of clause 7i7 is advertising1 in reckless disregard of the fact1 that-- 7,i7 means of force1 threats of force1 fraud1 coercion1 or any combination of such means will be used to cause the person to engage in a commercial sex act2 or 7,,ii7 the person has not attained the age of #ah years and will be caused to engage in a commercial sex act4 7,b7 ,definitions ,in this paragraph1 the terms coercion and commercial sex act have the meanings given the terms in section #aeia7;e7 of title #ah1 ,united ,states ,code4 7#i7 ,sexual violence ,the term sexual violence means any nonconsensual sexual act or contact proscribed by the criminal law of the ,indian tribe that has jurisdiction over the ,indian country where the violation occurs1 including in any case in which the victim lacks the capacity to consent to the act4 2 7,d7 by redesignating paragraphs 7#d7 and 7#e7 as paragraphs 7#f7 and 7#g72 7,e7 by redesignating paragraphs 7#a7 through 7#c7 as paragraphs 7#b7 through 7#d72 7,f7 in paragraph 7#c7 7as redesignated71 to read as follows3 7#c7 ,domestic violence ,the term domestic violence means violence-- 7,a7 committed by a current or former spouse or intimate partner of the victim1 by a person with whom the victim shares a child in common1 by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner1 or by a person similarly situated to a spouse of the victim under the domestic- or family- violence laws of an ,indian tribe that has jurisdiction over the ,indian country where the violence occurs2 or 7,b7 7i7 committed against a victim who is a child under the age of #ah1 or an elder 7as such term is defined by tribal law71 including when an offender recklessly engages in conduct that creates a substantial risk of death or serious bodily injury to the victim1 or committed as described in subparagraph 7,a7 while the child or elder is present2 and 7ii7 the child or elder-- 7,i7 resides or has resided in the same household as the offender2 7,,ii7 is related to the offender by blood or marriage2 7,,iii7 is related to another victim of the offender by blood or marriage2 7,,iv7 is under the care of a victim of the offender who is an intimate partner or former spouse2 or 7,v7 is under the care of a victim of the offender who is similarly situated to a spouse of the victim under the domestic- or family- violence laws of an ,indian tribe that has jurisdiction over the ,indian country where the violence occurs4 2 7,g7 by inserting before paragraph 7#b7 7as redesignated71 the following3 7#a7 ,assault of a law enforcement or correctional officer ,the term assault of a law enforcement or correctional officer means any criminal violation of the law of the ,indian tribe that has jurisdiction over the ,indian country where the violation occurs that involves the threatened1 attempted1 or actual harmful or offensive touching of a law enforcement or correctional officer4 2 and 7,h7 by inserting after paragraph 7#d7 7as redesignated71 the following3 7#e7 ,obstruction of justice ,the term obstruction of justice means any violation of the criminal law of the ,indian tribe that has jurisdiction over the ,indian country where the violation occurs1 and the violation involves interfering with the administration or due process of the tribe's laws including any tribal criminal proceeding or investigation of a crime4 2 7#e7 in subsection 7b77#a71 by inserting after the powers of self-government of a participating tribe the following3 1 including any participating tribes in the ,state of ,maine12 7#f7 in subsection 7b77#d7-- 7,a7 in subparagraph 7,a77i71 by inserting after over an alleged offense the following3 1 other than obstruction of justice or an act of assault of a law enforcement or corrections officer12 and 7,b7 in subparagraph 7,b7-- 7i7 in clause 7ii71 by striking or at the end2 7ii7 in clause 7iii77,,ii71 by striking the period at the end and inserting the following3 2 or2 and 7iii7 by adding at the end the following3 7iv7 is being prosecuted for a crime of sexual violence1 stalking1 sex trafficking1 obstructing justice1 or assaulting a police or corrections officer under the laws of the prosecuting tribe4 2 7#g7 in subsection 7c7-- 7,a7 in the matter preceding paragraph 7#a71 by striking domestic violence and inserting tribal2 and 7,b7 in paragraph 7#a7-- 7i7 in the paragraph heading1 by striking and dating violence and inserting 1 dating violence1 obstruction of justice1 sexual violence1 stalking1 sex trafficking1 or assault of a law enforcement or corrections officer2 and 7ii7 by striking or dating violence and inserting 1 dating violence1 obstruction of justice1 sexual violence1 stalking1 sex trafficking1 or assault of a law enforcement or corrections officer2 7#h7 in subsection 7d71 by striking domestic violence each place it appears and inserting tribal2 7#i7 by striking subsections 7f71 7g71 and 7h7 and inserting the following3 7f7 ,grants and reimbursement to tribal governments 7#a7 ,reimbursement 7,a7 ,in general ,the ,attorney ,general is authorized to reimburse tribal government authorities for expenses incurred in exercising special tribal criminal jurisdiction4 7,b7 ,eligible expenses ,eligible expenses for reimbursement shall include-- 7i7 expenses incurred to arrest or prosecute offenders and to detain inmates 7including costs associated with providing health care72 7ii7 expenses related to indigent defense services2 and 7iii7 costs associated with probation and rehabilitation services4 7,c7 ,procedure ,reimbursements authorized pursuant to this section shall be in accordance with rules promulgated by the ,attorney ,general after consultation with ,indian tribes and within #a year after the date of enactment of this ,act4 ,the rules promulgated by the ,department shall set a maximum allowable reimbursement to any tribal government in a #a-year period4 7#b7 ,grants ,the ,attorney ,general may award grants to the governments of ,indian tribes 7or to authorized designees of those governments7-- 7,a7 to strengthen tribal criminal justice systems to assist ,indian tribes in exercising special tribal criminal jurisdiction1 including-- 7i7 law enforcement 7including the capacity of law enforcement1 court personnel1 or other non-law enforcement entities that have no ,federal or ,state arrest authority agencies but have been designated by a tribe as responsible for maintaining public safety within its territorial jurisdiction1 to enter information into and obtain information from national crime information databases72 7ii7 prosecution2 7iii7 trial and appellate courts 7including facilities construction72 7iv7 probation systems2 7v7 detention and correctional facilities 7including facilities construction72 7vi7 alternative rehabilitation centers2 7vii7 culturally appropriate services and assistance for victims and their families2 and 7viii7 criminal codes and rules of criminal procedure1 appellate procedure1 and evidence2 7,b7 to provide indigent criminal defendants with the effective assistance of licensed defense counsel1 at no cost to the defendant1 in criminal proceedings in which a participating tribe prosecutes-- 7i7 a crime of domestic violence2 7ii7 a crime of dating violence2 7iii7 a criminal violation of a protection order2 7iv7 a crime of sexual violence2 7v7 a crime of stalking2 7vi7 a crime of sex trafficking2 7vii7 a crime of obstruction of justice2 or 7viii7 a crime of assault of a law enforcement or correctional officer2 7,c7 to ensure that1 in criminal proceedings in which a participating tribe exercises special tribal criminal jurisdiction1 jurors are summoned1 selected1 and instructed in a manner consistent with all applicable requirements2 7,d7 to accord victims of domestic violence1 dating violence1 sexual violence1 stalking1 sex trafficking1 obstruction of justice1 assault of a law enforcement or correctional officer1 and violations of protection orders rights that are similar to the rights of a crime victim described in section #cgga7;a7 of title #ah1 consistent with tribal law and custom2 and 7,e7 to create a pilot project to allow up to five ,indian tribes in ,alaska to implement special tribal criminal jurisdiction4 7g7 ,supplement1 not supplant ,amounts made available under this section shall supplement and not supplant any other ,federal1 ,state1 tribal1 or local government amounts made available to carry out activities described in this section4 7h7 ,authorization of appropriations ,there are authorized to be appropriated #g1jjj1jjj for each of fiscal years #bjbj through #bjbd to carry out subsection 7f7 and to provide training1 technical assistance1 data collection1 and evaluation of the criminal justice systems of participating tribes4 7i7 ,use of funds ,not less than #be percent of the total amount of funds appropriated under this section in a given year shall be used for each of the purposes described in paragraphs 7#a7 and 7#b7 of subsection 7f71 with remaining funds available to be distributed for either of the purposes described in paragraph 7#a7 or 7#b7 of subsection 7f71 or any combination of such purposes1 depending on need and in consultation with ,indian tribes4 2 7#aj7 by inserting after subsection 7i7 the following3 7j7 ,indian country defined ,for purposes of the pilot project described in subsection 7f77#e71 the definition of ,indian country shall include-- 7#a7 ,alaska ,native-owned ,townsites1 ,allotments1 and former reservation lands acquired in fee by ,alaska ,native ,village ,corporations pursuant to the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #cc7 and other lands transferred in fee to ,native villages2 and 7#b7 all lands within any ,alaska ,native village with a population that is at least #ge percent ,alaska ,native4 4 #adfid4 ,annual reporting requirements ,beginning in the first fiscal year after the date of enactment of this title1 and annually thereafter1 the ,attorney ,general and the ,secretary of the ,interior shall jointly prepare and submit a report1 to the ,committee on ,indian ,affairs and the ,committee on the ,judiciary of the ,senate and the ,committee on ,natural ,resources and the ,committee on the ,judiciary of the ,house of ,representatives1 that-- 7#a7 includes known statistics on missing and murdered ,indian women in the ,united ,states1 including statistics relating to incidents of sexual abuse or sexual assault suffered by the victims2 and 7#b7 provides recommendations regarding how to improve data collection on missing and murdered ,indian women4 #adfie4 ,report on the response of law enforcement agencies to reports of missing or murdered ,indians 7a7 ,definitions ,in this section3 7#a7 ,covered database ,the term covered database means-- 7,a7 the database of the ,national ,crime ,information ,center2 7,b7 the ,combined ,,dna ,index ,system2 7,c7 the ,next ,generation ,identification ,system2 and 7,d7 any other database or system of a law enforcement agency under which a report of a missing or murdered ,indian may be submitted1 including-- 7i7 the ,violent ,criminal ,apprehension ,program2 or 7ii7 the ,national ,missing and ,unidentified ,persons ,system4 7#b7 ,indian ,the term ,indian has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#c7 ,indian country ,the term ,indian country has the meaning given the term in section #aaea of title #ah1 ,united ,states ,code4 7#d7 ,law enforcement agency ,the term law enforcement agency means a ,federal1 ,state1 local1 or ,tribal law enforcement agency4 7#e7 ,missing or murdered ,indian ,the term missing or murdered ,indian means any ,indian who is-- 7,a7 reported missing in ,indian country or any other location2 or 7,b7 murdered in ,indian country or any other location4 7#f7 ,notification ,system ,the term notification system means-- 7,a7 the ,criminal ,justice ,information ,network2 7,b7 the ,,amber ,alert communications network established under subtitle ,a of title ,,iii of the ,,protect ,act 7#cd ,u4,s4,c4 #bjeja et seq472 and 7,c7 any other system or public notification system that relates to a report of a missing or murdered ,indian1 including any ,state1 local1 or ,tribal notification system4 7b7 ,report ,not later than #a year after the date of enactment of this section1 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,indian ,affairs of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives a comprehensive report that includes-- 7#a7 a review of-- 7,a7 each law enforcement agency that has jurisdiction over missing or murdered ,indians and the basis for that jurisdiction2 7,b7 the response procedures1 with respect to a report of a missing or murdered ,indian1 of-- 7i7 the ,federal ,bureau of ,investigation2 7ii7 the ,bureau of ,indian ,affairs2 and 7iii7 any other ,federal law enforcement agency responsible for responding to or investigating a report of a missing or murdered ,indian2 7,c7 each covered database and notification system2 7,d7 ,federal interagency cooperation and notification policies and procedures related to missing or murdered ,indians2 7,e7 the requirements of each ,federal law enforcement agency relating to notifying ,state1 local1 or ,tribal law enforcement agencies after the ,federal law enforcement agency receives a report of a missing or murdered ,indian2 and 7,f7 the public notification requirements of law enforcement agencies relating to missing or murdered ,indians2 7#b7 recommendations and best practices relating to improving cooperation between and response policies of law enforcement agencies relating to missing and murdered ,indians2 and 7#c7 recommendations relating to-- 7,a7 improving how-- 7i7 covered databases address instances of missing or murdered ,indians1 including by improving access to1 integrating1 and improving the sharing of information between covered databases2 and 7ii7 notification systems address instances of missing or murdered ,indians1 including by improving access to1 integrating1 and improving the sharing of information between notification systems2 7,b7 social1 educational1 economic1 and any other factor that may contribute to an ,indian becoming a missing or murdered ,indian2 and 7,c7 legislation to reduce the likelihood that an ,indian may become a missing or murdered ,indian4 #aj ,office on ,violence ,against ,women #adgja4 ,establishment of ,office on ,violence ,against ,women 7a7 ,establishment of ,office on ,violence ,against ,women ,section #bjjb of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajddb7 is amended-- 7#a7 in subsection 7a71 by striking a ,violence ,against ,women ,office and inserting an ,office on ,violence ,against ,women2 7#b7 in subsection 7b71 by inserting after within the ,department of ,justice the following3 1 not subsumed by any other office2 7#c7 in subsection 7c77#b71 by striking ,violence ,against ,women ,act of #aiid 7title ,,vi of ,public ,law #ajc-cbb7 and the ,violence ,against ,women ,act of #bjjj 7division ,b of ,public ,law #ajf-chf7 and inserting ,violence ,against ,women ,act of #aiid 7title ,,vii of ,public ,law #ajc-cbb71 the ,violence ,against ,women ,act of #bjjj 7division ,b of ,public ,law #ajf-chf71 the ,violence ,against ,women and ,department of ,justice ,reauthorization ,act of #bjje 7title ,,ix of ,public ,law #aji-afb2 #aai ,stat4 #cjhj71 the ,violence ,against ,women ,reauthorization ,act of #bjac 7,public ,law #aac-d2 #abg ,stat4 #ed71 and the ,violence ,against ,women ,reauthorization ,act of #bjai4 7b7 ,director of the ,office on ,violence ,against ,women ,section #bjjc of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajddc7 is amended to read as follows3 #bjjc4 ,director of the ,office on ,violence ,against ,women 7a7 ,appointment ,the ,president1 by and with the advice and consent of the ,senate1 shall appoint a ,director for the ,office on ,violence ,against ,women 7in this title referred to as the ,director7 to be responsible1 under the general authority of the ,attorney ,general1 for the administration1 coordination1 and implementation of the programs and activities of the ,office4 7b7 ,other employment ,the ,director shall not-- 7#a7 engage in any employment other than that of serving as ,director2 or 7#b7 hold any office in1 or act in any capacity for1 any organization1 agency1 or institution with which the ,office makes any contract or other agreement under the ,violence ,against ,women ,act of #aiid 7title ,,iv of ,public ,law #ajc-cbb71 the ,violence ,against ,women ,act of #bjjj 7division ,b of ,public ,law #ajf-chf71 the ,violence ,against ,women and ,department of ,justice ,reauthorization ,act of #bjje 7title ,,ix of ,public ,law #aji-afb2 #aai ,stat4 #cjhj71 the ,violence ,against ,women ,reauthorization ,act of #bjac 7,public ,law #aac-d2 #abg ,stat4 #ed71 or the ,violence ,against ,women ,reauthorization ,act of #bjai4 7c7 ,vacancy ,in the case of a vacancy1 the ,president may designate an officer or employee who shall act as ,director during the vacancy4 7d7 ,compensation ,the ,director shall be compensated at a rate of pay not to exceed the rate payable for level ,v of the ,executive ,schedule under section #ecaf of title #e1 ,united ,states ,code4 4 7c7 ,duties and functions of ,director of the ,office on ,violence ,against ,women ,section #bjjd of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajddd7 is amended to read as follows3 #bjjd4 ,duties and functions of ,director of the ,office on ,violence ,against ,women ,the ,director shall have the following duties3 7#a7 ,maintaining liaison with the judicial branches of the ,federal and ,state ,governments on matters relating to violence against women4 7#b7 ,providing information to the ,president1 the ,congress1 the judiciary1 ,state1 local1 and tribal governments1 and the general public on matters relating to violence against women4 7#c7 ,serving1 at the request of the ,attorney ,general1 as the representative of the ,department of ,justice on domestic task forces1 committees1 or commissions addressing policy or issues relating to violence against women4 7#d7 ,serving1 at the request of the ,president1 acting through the ,attorney ,general1 as the representative of the ,united ,states ,government on human rights and economic justice matters related to violence against women in international fora1 including1 but not limited to1 the ,united ,nations4 7#e7 ,carrying out the functions of the ,department of ,justice under the ,violence ,against ,women ,act of #aiid 7title ,,iv of ,public ,law #ajc-cbb71 the ,violence ,against ,women ,act of #bjjj 7division ,b of ,public ,law #ajf-chf71 the ,violence ,against ,women and ,department of ,justice ,reauthorization ,act of #bjje 7title ,,ix of ,public ,law #aji-afb2 #aai ,stat4 #cjhj71 the ,violence ,against ,women ,reauthorization ,act of #bjac 7,public ,law #aac-d2 #abg ,stat4 #ed71 and the ,violence ,against ,women ,reauthorization ,act of #bjai1 including with respect to those functions-- 7,a7 the development of policy1 protocols1 and guidelines2 7,b7 the development and management of grant programs and other programs1 and the provision of technical assistance under such programs2 and 7,c7 the awarding and termination of grants1 cooperative agreements1 and contracts4 7#f7 ,providing technical assistance1 coordination1 and support to-- 7,a7 other components of the ,department of ,justice1 in efforts to develop policy and to enforce ,federal laws relating to violence against women1 including the litigation of civil and criminal actions relating to enforcing such laws2 7,b7 other ,federal1 ,state1 local1 and tribal agencies1 in efforts to develop policy1 provide technical assistance1 synchronize federal definitions and protocols1 and improve coordination among agencies carrying out efforts to eliminate violence against women1 including ,indian or indigenous women2 and 7,c7 grantees1 in efforts to combat violence against women and to provide support and assistance to victims of such violence4 7#g7 ,exercising such other powers and functions as may be vested in the ,director pursuant to this subchapter or by delegation of the ,attorney ,general4 7#h7 ,establishing such rules1 regulations1 guidelines1 and procedures as are necessary to carry out any function of the ,office4 4 7d7 ,staff of ,office on ,violence ,against ,women ,section #bjje of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajdde7 is amended in the heading1 by striking ,violence ,against ,women ,office and inserting ,office on ,violence ,against ,women4 7e7 ,clerical amendment ,section #aba7;a77#a7 of the ,violence ,against ,women and ,department of ,justice ,reauthorization ,act of #bjje 7#cd ,u4,s4,c4 #bjabd7;a77#a77 is amended by striking the ,violence ,against ,women ,office and inserting the ,office on ,violence ,against ,women4 #adgjb4 ,report of the ,attorney ,general on the effects of the shutdown ,not later than #ahj days after the date of enactment of this title1 the ,attorney ,general shall submit a report to ,congress on the effects of the ,federal ,government shutdown that lasted from ,december #bb1 #bjah to ,january #be1 #bjai1 evaluating and detailing the extent of the effect of the shutdown on the ability of the ,department of ,justice to disperse funding and services under the ,violence ,against ,women ,act of #aiid1 the ,violence ,against ,women and ,department of ,justice ,reauthorization ,act of #bjje1 and the ,victims of ,crime ,act of #aihd1 to victims of domestic violence1 dating violence1 sexual assault1 and stalking4 #aa ,improving ,conditions for ,women in ,federal ,custody #adgaa4 ,improving the treatment of primary caretaker parents and other individuals in federal prisons 7a7 ,short title ,this section may be cited as the ,ramona ,brant ,improvement of ,conditions for ,women in ,federal ,custody ,act4 7b7 ,in general ,chapter #cjc of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #djea4 ,treatment of primary caretaker parents and other individuals 7a7 ,definitions ,in this section-- 7#a7 the term correctional officer means a correctional officer of the ,bureau of ,prisons2 7#b7 the term covered institution means a ,federal penal or correctional institution2 7#c7 the term ,director means the ,director of the ,bureau of ,prisons2 7#d7 the term post-partum recovery means the first #h-week period of post-partum recovery after giving birth2 7#e7 the term primary caretaker parent has the meaning given the term in section #caijc of the ,family ,unity ,demonstration ,project ,act 7#cd ,u4,s4,c4 #abbdb72 7#f7 the term prisoner means an individual who is incarcerated in a ,federal penal or correctional institution1 including a vulnerable person2 and 7#g7 the term vulnerable person means an individual who-- 7,a7 is under #ba years of age or over #fj years of age2 7,b7 is pregnant2 7,c7 identifies as lesbian1 gay1 bisexual1 transgender1 or intersex2 7,d7 is victim or witness of a crime2 7,e7 has filed a nonfrivolous civil rights claim in ,federal or ,state court2 7,f7 has a serious mental or physical illness or disability2 or 7,g7 during the period of incarceration1 has been determined to have experienced or to be experiencing severe trauma or to be the victim of gender-based violence-- 7i7 by any court or administrative judicial proceeding2 7ii7 by any corrections official2 7iii7 by the individual's attorney or legal service provider2 or 7iv7 by the individual4 7b7 ,geographic placement 7#a7 ,establishment of office ,the ,director shall establish within the ,bureau of ,prisons an office that determines the placement of prisoners4 7#b7 ,placement of prisoners ,in determining the placement of a prisoner1 the office established under paragraph 7#a7 shall-- 7,a7 if the prisoner has children1 place the prisoner as close to the children as possible2 7,b7 in deciding whether to assign a transgender or intersex prisoner to a facility for male or female prisoners1 and in making other housing and programming assignments1 consider on a case-by-case basis whether a placement would ensure the prisoner's health and safety1 including serious consideration of the prisoner's own views with respect to their safety1 and whether the placement would present management or security problems2 and 7,c7 consider any other factor that the office determines to be appropriate4 7c7 ,prohibition on placement of pregnant prisoners or prisoners in post-,partum recovery in segregated housing units 7#a7 ,placement in segregated housing units ,a covered institution may not place a prisoner who is pregnant or in post-partum recovery in a segregated housing unit unless the prisoner presents an immediate risk of harm to the prisoner or others4 7#b7 ,restrictions ,any placement of a prisoner described in subparagraph 7,a7 in a segregated housing unit shall be limited and temporary4 7d7 ,parenting classes ,the ,director shall provide parenting classes to each prisoner who is a primary caretaker parent1 and such classes shall be made available to prisoners with limited ,english proficiency in compliance with title ,,vi of the ,civil ,rights ,act of #aifd4 7e7 ,trauma screening ,the ,director shall provide training1 including cultural competency training1 to each correctional officer and each employee of the ,bureau of ,prisons who regularly interacts with prisoners1 including each instructor and health care professional1 to enable those correctional officers and employees to-- 7#a7 identify a prisoner who has a mental or physical health need relating to trauma the prisoner has experienced2 and 7#b7 refer a prisoner described in paragraph 7#a7 to the proper healthcare professional for treatment4 7f7 ,inmate health 7#a7 ,health care access ,the ,director shall ensure that all prisoners receive adequate health care4 7#b7 ,hygienic products ,the ,director shall make essential hygienic products1 including shampoo1 toothpaste1 toothbrushes1 and any other hygienic product that the ,director determines appropriate1 available without charge to prisoners4 7#c7 ,gynecologist access ,the ,director shall ensure that all prisoners have access to a gynecologist as appropriate4 7g7 ,use of sex-,appropriate correctional officers 7#a7 ,regulations ,the ,director shall make rules under which-- 7,a7 a correctional officer may not conduct a strip search of a prisoner of the opposite sex unless-- 7i7 the prisoner presents a risk of immediate harm to the prisoner or others1 and no other correctional officer of the same sex as the prisoner1 or medical staff is available to assist2 or 7ii7 the prisoner has previously requested that an officer of a different sex conduct searches2 7,b7 a correctional officer may not enter a restroom reserved for prisoners of the opposite sex unless-- 7i7 a prisoner in the restroom presents a risk of immediate harm to themselves or others2 or 7ii7 there is a medical emergency in the restroom and no other correctional officer of the appropriate sex is available to assist2 7,c7 a transgender prisoner's sex is determined according to the sex with which they identify2 and 7,d7 a correctional officer may not search or physically examine a prisoner for the sole purpose of determining the prisoner's genital status or sex4 7#b7 ,relation to other laws ,nothing in paragraph 7#a7 shall be construed to affect the requirements under the ,prison ,rape ,elimination ,act of #bjjc 7#db ,u4,s4,c4 #aefja et seq474 4 7c7 ,substance abuse treatment ,section #cfba7;e7 of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7#g7 ,eligibility of primary caretaker parents and pregnant women ,the ,director of the ,bureau of ,prisons may not prohibit an eligible prisoner who is a primary caretaker parent 7as defined in section #djea7 or pregnant from participating in a program of residential substance abuse treatment provided under paragraph 7#a7 on the basis of a failure by the eligible prisoner1 before being committed to the custody of the ,bureau of ,prisons1 to disclose to any official of the ,bureau of ,prisons that the prisoner had a substance abuse problem on or before the date on which the eligible prisoner was committed to the custody of the ,bureau of ,prisons4 4 7d7 ,implementation date 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,director of the ,bureau of ,prisons shall implement this section and the amendments made by this section4 7#b7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,director of the ,bureau of ,prisons shall submit to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives a report on the implementation of this section and the amendments made by this section4 7e7 ,technical and conforming amendment ,the table of sections for chapter #cjc of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #djea4 ,treatment of primary caretaker parents and other individuals4 4 #adgab4 ,public health and safety of women 7a7 ,short title ,this section may be cited as the ,stop ,infant ,mortality ,and ,recidivism ,reduction ,act or the ,,simarra ,act4 7b7 ,establishment ,not later than #bgj days after the date of the enactment of this section1 the ,director of the ,federal ,bureau of ,prisons 7in this section referred to as the ,director7 shall establish a pilot program 7in this section referred to as the ,program7 in accordance with this section to permit women incarcerated in ,federal prisons and the children born to such women during incarceration to reside together while the inmate serves a term of imprisonment in a separate housing wing of the prison4 7c7 ,purposes ,the purposes of this section are to-- 7#a7 prevent infant mortality among infants born to incarcerated mothers and greatly reduce the trauma and stress experienced by the unborn fetuses of pregnant inmates2 7#b7 reduce the recidivism rates of federally incarcerated women and mothers1 and enhance public safety by improving the effectiveness of the ,federal prison system for women as a population with special needs2 7#c7 establish female offender risk and needs assessment as the cornerstones of a more effective and efficient ,federal prison system2 7#d7 implement a validated post-sentencing risk and needs assessment system that relies on dynamic risk factors to provide ,federal prison officials with a roadmap to address the pre- and post-natal needs of ,federal pregnant offenders1 manage limited resources1 and enhance public safety2 7#e7 perform regular outcome evaluations of the effectiveness of programs and interventions for federally incarcerated pregnant women and mothers to assure that such programs and interventions are evidence-based and to suggest changes1 deletions1 and expansions based on the results of such evaluations2 and 7#f7 assist the ,department of ,justice to address the underlying cost structure of the ,federal prison system and ensure that the ,department can continue to run prison nurseries safely and securely without compromising the scope or quality of the ,department's critical health1 safety and law enforcement missions4 7d7 ,duties of the ,director of ,bureau of ,prisons 7#a7 ,in general ,the ,director shall carry out this section in consultation with-- 7,a7 a licensed and board-certified gynecologist or obstetrician2 7,b7 the ,director of the ,administrative ,office of the ,united ,states ,courts2 7,c7 the ,director of the ,office of ,probation and ,pretrial ,services2 7,d7 the ,director of the ,national ,institute of ,justice2 and 7,e7 the ,secretary of ,health and ,human ,services4 7#b7 ,duties ,the ,director shall1 in accordance with paragraph 7#c7-- 7,a7 develop an offender risk and needs assessment system particular to the health and sensitivities of ,federally incarcerated pregnant women and mothers in accordance with this subsection2 7,b7 develop recommendations regarding recidivism reduction programs and productive activities in accordance with subsection 7c72 7,c7 conduct ongoing research and data analysis on-- 7i7 the best practices relating to the use of offender risk and needs assessment tools particular to the health and sensitivities of federally incarcerated pregnant women and mothers2 7ii7 the best available risk and needs assessment tools particular to the health and sensitivities of ,federally incarcerated pregnant women and mothers and the level to which they rely on dynamic risk factors that could be addressed and changed over time1 and on measures of risk of recidivism1 individual needs1 and responsiveness to recidivism reduction programs2 7iii7 the most effective and efficient uses of such tools in conjunction with recidivism reduction programs1 productive activities1 incentives1 and rewards2 and 7iv7 which recidivism reduction programs are the most effective-- 7,i7 for ,federally incarcerated pregnant women and mothers classified at different recidivism risk levels2 and 7,,ii7 for addressing the specific needs of ,federally incarcerated pregnant women and mothers2 7,d7 on a biennial basis1 review the system developed under subparagraph 7,a7 and the recommendations developed under subparagraph 7,b71 using the research conducted under subparagraph 7,c71 to determine whether any revisions or updates should be made1 and if so1 make such revisions or updates2 7,e7 hold periodic meetings with the individuals listed in paragraph 7#a7 at intervals to be determined by the ,director2 7,f7 develop tools to communicate parenting program availability and eligibility criteria to each employee of the ,bureau of ,prisons and each pregnant inmate to ensure that each pregnant inmate in the custody of a ,bureau of ,prisons facility understands the resources available to such inmate2 and 7,g7 report to ,congress in accordance with subsection 7i74 7#c7 ,methods ,in carrying out the duties under paragraph 7#b71 the ,director shall-- 7,a7 consult relevant stakeholders2 and 7,b7 make decisions using data that is based on the best available statistical and empirical evidence4 7e7 ,eligibility ,an inmate may apply to participate in the ,program if the inmate-- 7#a7 is pregnant at the beginning of or during the term of imprisonment2 and 7#b7 is in the custody or control of the ,federal ,bureau of ,prisons4 7f7 ,program terms 7#a7 ,term of participation ,to correspond with the purposes and goals of the ,program to promote bonding during the critical stages of child development1 an eligible inmate selected for the ,program may participate in the ,program1 subject to subsection 7g71 until the earliest of-- 7,a7 the date that the inmate's term of imprisonment terminates2 7,b7 the date the infant fails to meet any medical criteria established by the ,director or the ,director's designee along with a collective determination of the persons listed in subsection 7d77#a72 or 7,c7 #cj months4 7#b7 ,inmate requirements ,for the duration of an inmate's participation in the ,program1 the inmate shall agree to-- 7,a7 take substantive steps towards acting in the role of a parent or guardian to any child of that inmate2 7,b7 participate in any educational or counseling opportunities established by the ,director1 including topics such as child development1 parenting skills1 domestic violence1 vocational training1 or substance abuse1 as appropriate2 7,c7 abide by any court decision regarding the legal or physical custody of the child2 7,d7 transfer to the ,federal ,bureau of ,prisons any child support payments for the infant of the participating inmate from any person or governmental entity2 and 7,e7 specify a person who has agreed to take at least temporary custody of the child if the inmate's participation in the ,program terminates before the inmate's release4 7g7 ,continuity of care ,the ,director shall take appropriate actions to prevent detachment or disruption of either an inmate's or infant's health and bonding-based well-being due to termination of the ,program4 7h7 ,reporting 7#a7 ,in general ,not later than #f months after the date of the enactment of this section and once each year thereafter for #e years1 the ,director shall submit a report to the ,congress with regards to progress in implementing the ,program4 7#b7 ,final report ,not later than #f months after the termination of the ,program1 the ,director shall issue a final report to the ,congress that contains a detailed statement of the ,director's findings and conclusions1 including recommendations for legislation1 administrative actions1 and regulations the ,director considers appropriate4 7i7 ,authorization of appropriations ,to carry out this section1 there is authorized to be appropriated #aj1jjj1jjj for each of fiscal years #bjbj through #bjbd4 #adgac4 ,research and report on women in federal incarceration ,not later than #ah months after the date of enactment of this ,act1 and thereafter1 every other year1 the ,national ,institutes of ,justice1 in consultation with the ,bureau of ,justice ,statistics and the ,bureau of ,prisons 7including the ,women and ,special ,population ,branch7 shall prepare a report on the status of women in federal incarceration4 ,depending on the topic to be addressed1 and the facility1 data shall be collected from ,bureau of ,prisons personnel and a sample that is representative of the population of incarcerated women4 ,the report shall include3 7#a7 ,with regard to federal facilities wherein women are incarcerated-- 7,a7 responses by such women to questions from the ,adverse ,childhood ,experience 7,,aces7 questionnaire2 7,b7 demographic data of such women1 including sexual orientation and gender identity2 7,c7 responses by such women to questions about the extent of exposure to sexual victimization1 sexual violence and domestic violence 7both inside and outside of incarceration72 7,d7 the number of such women were pregnant at the time that they entered incarceration2 7,e7 the number of such women who have children age #ah or under1 and if so1 how many2 and 7,f7 the crimes for which such women are incarcerated and the length of their sentence4 7#b7 ,with regard to all federal facilities where persons are incarcerated-- 7,a7 a list of best practices with respect to women's incarceration and transition1 including staff led programs1 services and management practices 7including making sanitary products readily available and easily accessible1 and access to and provision of healthcare72 7,b7 the availability of trauma treatment at each facility 7including number of beds1 and number of trained staff72 7,c7 rates of serious mental illness broken down by gender and security level and a list of residential programs available by site2 and 7,d7 the availability of vocational education and a list of vocational programs provided by each facility4 #adgad4 ,reentry planning and services for incarcerated women ,the ,attorney ,general1 in coordination with the ,chief of ,u4,s4 ,probation and ,pretrial ,services and the ,director of the ,bureau of ,prisons 7including ,women and ,special ,population ,branch71 shall collaborate on a model of gender responsive transition for incarcerated women1 including the development of a national standard on prevention with respect to domestic and sexual violence4 ,in developing the model1 the ,chief and the ,director shall consult with such experts within the federal government 7including the ,office on ,violence ,against ,women of the ,department of ,justice7 and in the victim service provider community 7including sexual and domestic violence and homelessness1 job training and job placement service providers7 as are necessary to the completion of a comprehensive plan4 ,issues addressed should include-- 7#a7 the development by the ,bureau of ,prisons of a contract for gender collaborative services2 and 7#b7 identification by re-entry affairs coordinators and responsive planning for the needs of re-entering women with respect to-- 7,a7 housing1 including risk of homelessness2 7,b7 previous exposure to and risk for domestic and sexual violence2 and 7,c7 the need for parenting classes1 assistance securing childcare1 or assistance in seeking or securing jobs that afford flexibility 7as might be necessary in the re-entry1 parenting or other contexts74 #ab ,law ,enforcement ,tools to ,enhance ,public ,safety #adgba4 ,notification to law enforcement agencies of prohibited purchase or attempted purchase of a firearm 7a7 ,in general ,title ,i of the ,,nics ,improvement ,amendments ,act of #bjjg 7#ah ,u4,s4,c4 #ibb note7 is amended by adding at the end the following3 #ajh4 ,notification to law enforcement agencies of prohibited purchase of a firearm 7a7 ,in general ,in the case of a background check conducted by the ,national ,instant ,criminal ,background ,check ,system pursuant to the request of a licensed importer1 licensed manufacturer1 or licensed dealer of firearms 7as such terms are defined in section #iba of title #ah1 ,united ,states ,code71 which background check determines that the receipt of a firearm by a person would violate subsection 7g77#h71 7g77#i71 or 7g77#aj7 of section #ibb of title #ah1 ,united ,states ,code1 and such determination is made after #c business days have elapsed since the licensee contacted the ,system and a firearm has been transferred to that person1 the ,system shall notify the law enforcement agencies described in subsection 7b74 7b7 ,law enforcement agencies described ,the law enforcement agencies described in this subsection are the law enforcement agencies that have jurisdiction over the location from which the licensee contacted the system and the law enforcement agencies that have jurisdiction over the location of the residence of the person for which the background check was conducted1 as follows3 7#a7 ,the field office of the ,federal ,bureau of ,investigation4 7#b7 ,the local law enforcement agency4 7#c7 ,the ,state law enforcement agency4 7#d7 ,the ,tribal law enforcement agency4 4 7b7 ,clerical amendment ,the table of contents of the ,,nics ,improvement ,amendments ,act of #bjjg 7#ah #aj ,u4,s4,c4 #ibb note7 is amended by inserting after the item relating to section #ajg the following3 ,sec4 #ajh4 ,notification to law enforcement agencies of prohibited purchase of a firearm4 4 #adgbb4 ,reporting of background check denials to state1 local1 and tribal authorities 7a7 ,in general ,chapter #dd of title #ah1 ,united ,states ,code1 is amended by inserting after section #ibe;,a the following3 #ibe;,b4 ,reporting of background check denials to ,state1 local1 and tribal authorities 7a7 ,in general ,if the national instant criminal background check system established under section #ajc of the ,brady ,handgun ,violence ,prevention ,act 7#ah ,u4,s4,c4 #ibb note7 provides a notice pursuant to section #ibb7t7 of this title that the receipt of a firearm by a person would violate subsection 7g77#h71 7g77#i71 or 7g77#aj7 of section #ibb of this title or ,state law1 the ,attorney ,general shall1 in accordance with subsection 7b7 of this section-- 7#a7 report to the law enforcement authorities of the ,state where the person sought to acquire the firearm and1 if different1 the law enforcement authorities of the ,state of residence of the person-- 7,a7 that the notice was provided2 7,b7 of the specific provision of law that would have been violated2 7,c7 of the date and time the notice was provided2 7,d7 of the location where the firearm was sought to be acquired2 and 7,e7 of the identity of the person2 and 7#b7 report the incident to local or tribal law enforcement authorities and1 where practicable1 ,state1 tribal1 or local prosecutors1 in the jurisdiction where the firearm was sought and in the jurisdiction where the person resides4 7b7 ,requirements for report ,a report is made in accordance with this subsection if the report is made within #bd hours after the provision of the notice described in subsection 7a71 except that the making of the report may be delayed for so long as is necessary to avoid compromising an ongoing investigation4 7c7 ,rule of construction ,nothing in subsection 7a7 shall be construed to require a report with respect to a person to be made to the same ,state authorities that originally issued the notice with respect to the person4 4 7b7 ,clerical amendment ,the table of sections for such chapter is amended by inserting after the item relating to section #ibe;,a the following3 #ibe;,b4 ,reporting of background check denials to ,state1 local1 and tribal authorities4 4 #adgbc4 ,special assistant ,u4,s4 attorneys and cross-deputized attorneys 7a7 ,in general ,chapter #dd of title #ah1 ,united ,states ,code1 as amended by this ,act1 is further amended by inserting after section #ibe;,b the following3 #ibe;,c4 ,special assistant ,u4,s4 attorneys and cross-deputized attorneys 7a7 ,in general ,in order to improve the enforcement of paragraphs 7#h71 7#i71 and 7#aj7 of section #ibb7;g71 the ,attorney ,general may-- 7#a7 appoint1 in accordance with section #edc of title #bh1 qualified ,state1 tribal1 territorial and local prosecutors and qualified attorneys working for the ,united ,states government to serve as special assistant ,united ,states attorneys for the purpose of prosecuting violations of such paragraphs2 7#b7 deputize ,state1 tribal1 territorial and local law enforcement officers for the purpose of enhancing the capacity of the agents of the ,bureau of ,alcohol1 ,tobacco1 ,firearms1 and ,explosives in responding to and investigating violations of such paragraphs2 and 7#c7 establish1 in order to receive and expedite requests for assistance from ,state1 tribal1 territorial and local law enforcement agencies responding to intimate partner violence cases where such agencies have probable cause to believe that the offenders may be in violation of such paragraphs1 points of contact within-- 7,a7 each ,field ,division of the ,bureau of ,alcohol1 ,tobacco1 ,firearms1 and ,explosives2 and 7,b7 each ,district ,office of the ,united ,states ,attorneys4 7b7 ,improve intimate partner and public safety ,the ,attorney ,general shall-- 7#a7 identify no less than #ge jurisdictions among ,states1 territories and tribes where there are high rates of firearms violence and threats of firearms violence against intimate partners and other persons protected under paragraphs 7#h71 7#i71 and 7#aj7 of section #ibb7;g7 and where local authorities lack the resources to address such violence2 and 7#b7 make such appointments as described in subsection 7a7 in jurisdictions where enhanced enforcement of such paragraphs is necessary to reduce firearms homicide and injury rates4 7c7 ,qualified defined ,for purposes of this section1 the term qualified means1 with respect to an attorney1 that the attorney is a licensed attorney in good standing with any relevant licensing authority4 4 7b7 ,clerical amendment ,the table of sections for such chapter is amended by inserting after the item relating to section #ibe;,b the following3 #ibe;,c4 ,special assistant ,u4,s4 attorneys and cross-deputized attorneys4 4 #ac ,closing the ,law ,enforcement ,consent ,loophole #adgca4 ,short title ,this part may be cited as the ,closing the ,law ,enforcement ,consent ,loophole ,act of #bjai4 #adgcb4 ,prohibition on engaging in sexual acts while acting under color of law 7a7 ,in general ,section #bbdc of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in the section heading1 by adding at the end the following3 or by any person acting under color of law2 7#b7 by redesignating subsections 7c7 and 7d7 as subsections 7d7 and 7e71 respectively2 7#c7 by inserting after subsection 7b7 the following3 7c7 ,of an individual by any person acting under color of law 7#a7 ,in general ,whoever1 acting under color of law1 knowingly engages in a sexual act with an individual1 including an individual who is under arrest1 in detention1 or otherwise in the actual custody of any ,federal law enforcement officer1 shall be fined under this title1 imprisoned not more than #ae years1 or both4 7#b7 ,definition ,in this subsection1 the term sexual act has the meaning given the term in section #bbdf4 2 and 7#d7 in subsection 7d71 as so redesignated1 by adding at the end the following3 7#c7 ,in a prosecution under subsection 7c71 it is not a defense that the other individual consented to the sexual act4 4 7b7 ,definition ,section #bbdf of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#e71 by striking and at the end2 7#b7 in paragraph 7#f71 by striking the period at the end and inserting 2 and2 and 7#c7 by inserting after paragraph 7#f7 the following3 7#g7 the term ,federal law enforcement officer has the meaning given the term in section #aae4 4 7c7 ,clerical amendment ,the table of sections for chapter #aji;,a of title #ah1 ,united ,states ,code1 is amended by amending the item related to section #bbdc to read as follows3 #bbdc4 ,sexual abuse of a minor or ward or by any person acting under color of law4 4 #adgcc4 ,incentives for ,states 7a7 ,authority ,to make grants ,the ,attorney ,general is authorized to make grants to ,states that have in effect a law that-- 7#a7 makes it a criminal offense for any person acting under color of law of the ,state to engage in a sexual act with an individual1 including an individual who is under arrest1 in detention1 or otherwise in the actual custody of any law enforcement officer2 and 7#b7 prohibits a person charged with an offense described in paragraph 7#a7 from asserting the consent of the other individual as a defense4 7b7 ,reporting requirement ,a ,state that receives a grant under this section shall submit to the ,attorney ,general1 on an annual basis1 information on-- 7#a7 the number of reports made to law enforcement agencies in that ,state regarding persons engaging in a sexual act while acting under color of law during the previous year2 and 7#b7 the disposition of each case in which sexual misconduct by a person acting under color of law was reported during the previous year4 7c7 ,application ,a ,state seeking a grant under this section shall submit an application to the ,attorney ,general at such time1 in such manner1 and containing such information as the ,attorney ,general may reasonably require1 including information about the law described in subsection 7a74 7d7 ,grant amount ,the amount of a grant to a ,state under this section shall be in an amount that is not greater than #aj percent of the average of the total amount of funding of the #c most recent awards that the ,state received under the following grant programs3 7#a7 ,part ,t of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajdda et seq47 7commonly referred to as the ,,stop ,violence ,against ,women ,formula ,grant ,program74 7#b7 ,section #dafja of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abeaa7 7commonly referred to as the ,sexual ,assault ,services ,program74 7e7 ,grant term 7#a7 ,in general ,the ,attorney ,general shall provide an increase in the amount provided to a ,state under the grant programs described in subsection 7d7 for a #b-year period4 7#b7 ,renewal ,a ,state that receives a grant under this section may submit an application for a renewal of such grant at such time1 in such manner1 and containing such information as the ,attorney ,general may reasonably require4 7#c7 ,limit ,a ,state may not receive a grant under this section for more than #d years4 7f7 ,uses of funds ,a ,state that receives a grant under this section shall use-- 7#a7 #be percent of such funds for any of the permissible uses of funds under the grant program described in paragraph 7#a7 of subsection 7d72 and 7#b7 #ge percent of such funds for any of the permissible uses of funds under the grant program described in paragraph 7#b7 of subsection 7d74 7g7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this chapter #e1jjj1jjj for each of fiscal years #bjbj through #bjbd4 7h7 ,definition ,for purposes of this section1 the term ,state means each of the several ,states and the ,district of ,columbia1 ,indian ,tribes1 and the ,commonwealth of ,puerto ,rico1 ,guam1 ,american ,samoa1 the ,virgin ,islands1 and the ,northern ,mariana ,islands4 #adgcd4 ,reports to ,congress 7a7 ,report by ,attorney ,general ,not later than #a year after the date of enactment of this ,act1 and each year thereafter1 the ,attorney ,general shall submit to ,congress a report containing-- 7#a7 the information required to be reported to the ,attorney ,general under section #adgjc7;b72 and 7#b7 information on-- 7,a7 the number of reports made1 during the previous year1 to ,federal law enforcement agencies regarding persons engaging in a sexual act while acting under color of law2 and 7,b7 the disposition of each case in which sexual misconduct by a person acting under color of law was reported4 7b7 ,report by ,,gao ,not later than #a year after the date of enactment of this ,act1 and each year thereafter1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report on any violations of section #bbdc7;c7 of title #ah1 ,united ,states ,code1 as amended by section #adgjb1 committed during the #a-year period covered by the report4 #adgce4 ,definition ,in this title1 the term sexual act has the meaning given the term in section #bbdf of title #ah1 ,united ,states ,code4 #ad ,other ,matters #adgda4 ,national stalker and domestic violence reduction ,section #djfjc of the ,violent ,crime ,control and ,law ,enforcement ,act of #aiid 7#cd ,u4,s4,c4 #abdjb7 is amended by striking #bjad through #bjah and inserting #bjbj through #bjbd4 #adgdb4 ,federal victim assistants reauthorization ,section #djaad of the ,violence ,against ,women ,act of #aiid 7,public ,law #ajc-cbb7 is amended to read as follows3 #djaad4 ,authorization for ,federal victim's counselors ,there are authorized to be appropriated for the ,united ,states ,attorneys for the purpose of appointing victim_/witness counselors for the prosecution of sex crimes and domestic violence crimes where applicable 7such as the ,district of ,columbia71 #a1jjj1jjj for each of fiscal years #bjbj through #bjbd4 4 #adgdc4 ,child abuse training programs for judicial personnel and practitioners reauthorization ,section #bbd7;a7 of the ,crime ,control ,act of #aiij 7#cd ,u4,s4,c4 #bjccd7;a77 is amended by striking #bjad through #bjah and inserting #bjbj through #bjbd4 #adgdd4 ,sex offender management ,section #djaeb7;c7 of the ,violent ,crime ,control and ,law ,enforcement ,act of #aiid 7#cd ,u4,s4,c4 #abcaa7;c77 is amended by striking #bjad through #bjah and inserting #bjbj through #bjbd4 #adgde4 ,court-appointed special advocate program ,section #bai7;a7 of the ,crime ,control ,act of #aiij 7#cd ,u4,s4,c4 #bjcbd7;a77 is amended by striking #bjad through #bjah and inserting #bjbj through #bjbd4 #adgdf4 ,rape kit backlog ,section #b of the ,,dna ,analysis ,backlog ,elimination ,act of #bjjj 7#cd ,u4,s4,c4 #djgja7 is amended-- 7#a7 in subsection 7f7-- 7,a7 in paragraph 7#a7 by striking and at the end2 7,b7 by redesignating paragraph 7#b7 as paragraph 7#c72 and 7,c7 by inserting after paragraph 7#a7 the following3 7#b7 information on best practices for state and local governments to reduce the backlog of ,,dna evidence 2 and 7#b7 in subsection 7j71 by striking #bjae through #bjai and inserting #bjbj through #bjbd4 #adgdg4 ,sexual assault forensic exam program grants ,section #cjd7;d7 of the ,,dna ,sexual ,assault ,justice ,act of #bjjd 7#cd ,u4,s4,c4 #djgbc7;d77 is amended by striking #bjae through #bjai and inserting #bjbj through #bjbd4 #adgdh4 ,review on link between substance use and victims of domestic violence dating violence1 sexual assault1 or stalking ,not later than #bd months after the date of enactment of this ,act1 the ,secretary of the ,department of ,health and ,human ,services shall complete a review and submit a report to ,congress on whether being a victim of domestic violence1 dating violence1 sexual assault1 or stalking increases the likelihood of having a substance use disorder4 #adgdi4 ,interagency working group to study ,federal efforts to collect data on sexual violence 7a7 ,establishment ,not later than #ahj days after the date of the enactment of this ,act1 the ,attorney ,general shall establish an interagency working group 7in this section referred to as the ,working ,group7 to study ,federal efforts to collect data on sexual violence and to make recommendations on the harmonization of such efforts4 7b7 ,composition ,the ,working ,group shall be comprised of at least one representative from the following agencies1 who shall be selected by the head of that agency3 7#a7 ,the ,centers for ,disease ,control and ,prevention4 7#b7 ,the ,department of ,education4 7#c7 ,the ,department of ,health and ,human ,services4 7#d7 ,the ,department of ,justice4 7c7 ,duties ,the ,working ,group shall consider the following3 7#a7 ,what activity constitutes different acts of sexual violence4 7#b7 ,whether reports that use the same terms for acts of sexual violence are collecting the same data on these acts4 7#c7 ,whether the context which led to an act of sexual violence should impact how that act is accounted for in reports4 7#d7 ,whether the data collected is presented in a way that allows the general public to understand what acts of sexual violence are included in each measurement4 7#e7 ,steps that agencies that compile reports relating to sexual violence can take to avoid double counting incidents of sexual violence4 7d7 ,report required ,not later than #b years after the date of the enactment of this ,act1 the ,working ,group shall publish and submit to ,congress a report on the following3 7#a7 ,the activities of the ,working ,group4 7#b7 ,recommendations to harmonize ,federal efforts to collect data on sexual violence4 7#c7 ,actions ,federal agencies can take to implement the recommendations described in paragraph 7#b74 7#d7 ,recommendations for congressional action to implement the recommendations described in paragraph 7#b74 7e7 ,termination ,the ,working ,group shall terminate #cj days after the date on which the report is submitted pursuant to subsection 7d74 7f7 ,definitions ,in this section3 7#a7 ,harmonize ,the term harmonize includes efforts to coordinate sexual violence data collection to produce complementary information1 as appropriate1 without compromising programmatic needs4 7#b7 ,sexual violence ,the term sexual violence includes an unwanted sexual act 7including both contact and non-contact7 about which the ,federal ,government collects information4 #adgej4 ,national ,domestic ,violence ,hotline ,not later than #c months after the date of enactment of this ,act1 a national domestic violence hotline for which a grant is provided under section #cac of the ,family ,violence ,prevention and ,services ,act shall include the voluntary feature of texting via telephone to ensure all methods of communication are available for victims and those seeking assistance4 #adgea4 ,rule of construction regarding compliance with immigration laws ,nothing in this ,act1 or in any amendments made by this ,act1 shall affect the obligation to fully comply with the immigration laws4 #ae ,cybercrime ,enforcement #adgfa4 ,local law enforcement grants for enforcement of cybercrimes 7a7 ,in general ,subject to the availability of appropriations1 the ,attorney ,general shall award grants under this section to ,states and units of local government for the prevention1 enforcement1 and prosecution of cybercrimes against individuals4 7b7 ,application 7#a7 ,in general ,to request a grant under this section1 the chief executive officer of a ,state or unit of local government shall submit an application to the ,attorney ,general within #ij days after the date on which funds to carry out this section are appropriated for a fiscal year1 in such form as the ,attorney ,general may require4 ,such application shall include the following3 7,a7 ,a certification that ,federal funds made available under this section will not be used to supplant ,state or local funds1 but will be used to increase the amounts of such funds that would1 in the absence of ,federal funds1 be made available for law enforcement activities4 7,b7 ,an assurance that1 not fewer than #cj days before the application 7or any amendment to the application7 was submitted to the ,attorney ,general1 the application 7or amendment7 was submitted for review to the governing body of the ,state or unit of local government 7or to an organization designated by that governing body74 7,c7 ,an assurance that1 before the application 7or any amendment to the application7 was submitted to the ,attorney ,general-- 7i7 the application 7or amendment7 was made public2 and 7ii7 an opportunity to comment on the application 7or amendment7 was provided to citizens and to neighborhood or community-based organizations1 to the extent applicable law or established procedure makes such an opportunity available4 7,d7 ,an assurance that1 for each fiscal year covered by an application1 the applicant shall maintain and report such data1 records1 and information 7programmatic and financial7 as the ,attorney ,general may reasonably require4 7,e7 ,a certification1 made in a form acceptable to the ,attorney ,general and executed by the chief executive officer of the applicant 7or by another officer of the applicant1 if qualified under regulations promulgated by the ,attorney ,general71 that-- 7i7 the programs to be funded by the grant meet all the requirements of this section2 7ii7 all the information contained in the application is correct2 7iii7 there has been appropriate coordination with affected agencies2 and 7iv7 the applicant will comply with all provisions of this section and all other applicable ,federal laws4 7,f7 ,a certification that the ,state or in the case of a unit of local government1 the ,state in which the unit of local government is located1 has in effect criminal laws which prohibit cybercrimes against individuals4 7,g7 ,a certification that any equipment described in subsection 7c77#g7 purchased using grant funds awarded under this section will be used primarily for investigations and forensic analysis of evidence in matters involving cybercrimes against individuals4 7c7 ,use of funds ,grants awarded under this section may only be used for programs that provide-- 7#a7 training for ,state or local law enforcement personnel relating to cybercrimes against individuals1 including-- 7,a7 training such personnel to identify and protect victims of cybercrimes against individuals2 7,b7 training such personnel to utilize ,federal1 ,state1 local1 and other resources to assist victims of cybercrimes against individuals2 7,c7 training such personnel to identify and investigate cybercrimes against individuals2 7,d7 training such personnel to enforce and utilize the laws that prohibit cybercrimes against individuals2 7,e7 training such personnel to utilize technology to assist in the investigation of cybercrimes against individuals and enforcement of laws that prohibit such crimes2 and 7,f7 the payment of overtime incurred as a result of such training2 7#b7 training for ,state or local prosecutors1 judges1 and judicial personnel1 relating to cybercrimes against individuals1 including-- 7,a7 training such personnel to identify1 investigate1 prosecute1 or adjudicate cybercrimes against individuals2 7,b7 training such personnel to utilize laws that prohibit cybercrimes against individuals2 7,c7 training such personnel to utilize ,federal1 ,state1 local1 and other resources to assist victims of cybercrimes against individuals2 and 7,d7 training such personnel to utilize technology to assist in the prosecution or adjudication of acts of cybercrimes against individuals1 including the use of technology to protect victims of such crimes2 7#c7 training for ,state or local emergency dispatch personnel relating to cybercrimes against individuals1 including-- 7,a7 training such personnel to identify and protect victims of cybercrimes against individuals2 7,b7 training such personnel to utilize ,federal1 ,state1 local1 and other resources to assist victims of cybercrimes against individuals2 7,c7 training such personnel to utilize technology to assist in the identification of and response to cybercrimes against individuals2 and 7,d7 the payment of overtime incurred as a result of such training2 7#d7 assistance to ,state or local law enforcement agencies in enforcing laws that prohibit cybercrimes against individuals1 including expenses incurred in performing enforcement operations1 such as overtime payments2 7#e7 assistance to ,state or local law enforcement agencies in educating the public in order to prevent1 deter1 and identify violations of laws that prohibit cybercrimes against individuals2 7#f7 assistance to ,state or local law enforcement agencies to establish task forces that operate solely to conduct investigations1 forensic analyses of evidence1 and prosecutions in matters involving cybercrimes against individuals2 7#g7 assistance to ,state or local law enforcement and prosecutors in acquiring computers1 computer equipment1 and other equipment necessary to conduct investigations and forensic analysis of evidence in matters involving cybercrimes against individuals1 including expenses incurred in the training1 maintenance1 or acquisition of technical updates necessary for the use of such equipment for the duration of a reasonable period of use of such equipment2 7#h7 assistance in the facilitation and promotion of sharing1 with ,state and local law enforcement officers and prosecutors1 of the expertise and information of ,federal law enforcement agencies about the investigation1 analysis1 and prosecution of matters involving laws that prohibit cybercrimes against individuals1 including the use of multijurisdictional task forces2 or 7#i7 assistance to ,state and local law enforcement and prosecutors in processing interstate extradition requests for violations of laws involving cybercrimes against individuals1 including expenses incurred in the extradition of an offender from one ,state to another4 7d7 ,report to the secretary ,on the date that is #a year after the date on which a ,state or unit of local government receives a grant under this section1 and annually thereafter1 the chief executive of such ,state or unit of local government shall submit to the ,attorney ,general a report which contains-- 7#a7 a summary of the activities carried out during the previous year with any grant received by such ,state or unit of local government2 7#b7 an evaluation of the results of such activities2 and 7#c7 such other information as the ,attorney ,general may reasonably require4 7e7 ,report to congress ,not later than ,november #a of each even-numbered fiscal year1 the ,attorney ,general shall submit to the ,committee on the ,judiciary of the ,house of ,representatives and the ,committee on the ,judiciary of the ,senate a report that contains a compilation of the information contained in the report submitted under subsection 7d74 7f7 ,authorization of appropriations 7#a7 ,in ,general ,there are authorized to be appropriated to carry out this section #bj1jjj1jjj for each of fiscal years #bjbj through #bjbd4 7#b7 ,limitation ,of the amount made available under paragraph 7#a7 in any fiscal year1 not more than #e percent may be used for evaluation1 monitoring1 technical assistance1 salaries1 and administrative expenses4 7g7 ,definitions ,in this section3 7#a7 ,the term cybercrimes against individuals means the criminal offenses applicable in the relevant ,state or unit of local government that involve the use of a computer to cause personal harm to an individual1 such as the use of a computer to harass1 threaten1 stalk1 extort1 coerce1 cause fear1 intimidate1 without consent distribute intimate images of1 or violate the privacy of1 an individual1 except that-- 7,a7 use of a computer need not be an element of such an offense2 and 7,b7 such term does not include the use of a computer to cause harm to a commercial entity1 government agency1 or any non-natural persons4 7#b7 ,the term computer includes a computer network and an interactive electronic device4 #adgfb4 ,national ,resource ,center ,grant 7a7 ,in general ,subject to the availability of appropriations1 the ,attorney ,general shall award a grant under this section to an eligible entity for the purpose of the establishment and maintenance of a ,national ,resource ,center on ,cybercrimes ,against ,individuals to provide resource information1 training1 and technical assistance to improve the capacity of individuals1 organizations1 governmental entities1 and communities to prevent1 enforce1 and prosecute cybercrimes against individuals4 7b7 ,application ,to request a grant under this section1 an eligible entity shall submit an application to the ,attorney ,general not later than #ij days after the date on which funds to carry out this section are appropriated for fiscal year #bjbj in such form as the ,attorney ,general may require4 ,such application shall include the following3 7#a7 ,an assurance that1 for each fiscal year covered by an application1 the applicant shall maintain and report such data1 records1 and information 7programmatic and financial7 as the ,attorney ,general may reasonably require4 7#b7 ,a certification1 made in a form acceptable to the ,attorney ,general1 that-- 7,a7 the programs funded by the grant meet all the requirements of this section2 7,b7 all the information contained in the application is correct2 and 7,c7 the applicant will comply with all provisions of this section and all other applicable ,federal laws4 7c7 ,use of funds ,the eligible entity awarded a grant under this section shall use such amounts for the establishment and maintenance of a ,national ,resource ,center on ,cybercrimes ,against ,individuals1 which shall-- 7#a7 offer a comprehensive array of technical assistance and training resources to ,federal1 ,state1 and local governmental agencies1 community-based organizations1 and other professionals and interested parties1 related to cybercrimes against individuals1 including programs and research related to victims2 7#b7 maintain a resource library which shall collect1 prepare1 analyze1 and disseminate information and statistics related to-- 7,a7 the incidence of cybercrimes against individuals2 7,b7 the enforcement1 and prosecution of laws relating to cybercrimes against individuals2 and 7,c7 the provision of supportive services and resources for victims of cybercrimes against individuals2 and 7#c7 conduct research related to-- 7,a7 the causes of cybercrimes against individuals2 7,b7 the effect of cybercrimes against individuals on victims of such crimes2 and 7,c7 model solutions to prevent or deter cybercrimes against individuals or to enforce the laws relating to cybercrimes against individuals4 7d7 ,duration of grant 7#a7 ,in general ,the grant awarded under this section shall be awarded for a period of #e years4 7#b7 ,renewal ,a grant under this section may be renewed for additional #e-year periods if the ,attorney ,general determines that the funds made available to the recipient were used in a manner described in subsection 7c71 and if the recipient resubmits an application described in subsection 7b7 in such form1 and at such time as the ,attorney ,general may reasonably require4 7e7 ,subgrants ,the eligible entity awarded a grant under this section may make subgrants to other nonprofit private organizations with relevant subject matter expertise in order to establish and maintain the ,national ,resource ,center on ,cybercrimes ,against ,individuals in accordance with subsection 7c74 7f7 ,report to the secretary ,on the date that is #a year after the date on which an eligible entity receives a grant under this section1 and annually thereafter for the duration of the grant period1 the entity shall submit to the ,attorney ,general a report which contains-- 7#a7 a summary of the activities carried out under the grant program during the previous year2 7#b7 an evaluation of the results of such activities2 and 7#c7 such other information as the ,attorney ,general may reasonably require4 7g7 ,report to congress ,not later than ,november #a of each even-numbered fiscal year1 the ,attorney ,general shall submit to the ,committee on the ,judiciary of the ,house of ,representatives and the ,committee on the ,judiciary of the ,senate a report that contains a compilation of the information contained in the report submitted under subsection 7d74 7h7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section #d1jjj1jjj for each of fiscal years #bjbj through #bjbd4 7i7 ,definitions ,in this section3 7#a7 ,cybercrimes against individuals ,the term cybercrimes against individuals has the meaning given such term in section #aeja7;g74 7#b7 ,eligible ,entity ,the term eligible entity means a nonprofit private organization that focuses on cybercrimes against individuals and that-- 7,a7 provides documentation to the ,attorney ,general demonstrating experience working directly on issues of cybercrimes against individuals2 and 7,b7 includes on the entity's advisory board representatives who have a documented history of working directly on issues of cybercrimes against individuals and who are geographically and culturally diverse4 #adgfc4 ,national strategy1 classification1 and reporting on cybercrime 7a7 ,definitions ,in this section3 7#a7 ,computer ,the term computer includes a computer network and any interactive electronic device4 7#b7 ,cybercrime against individuals ,the term cybercrime against individuals means a ,federal1 ,state1 or local criminal offense that involves the use of a computer to cause personal harm to an individual1 such as the use of a computer to harass1 threaten1 stalk1 extort1 coerce1 cause fear1 intimidate1 without consent distribute intimate images of1 or violate the privacy of1 an individual1 except that-- 7,a7 use of a computer need not be an element of the offense2 and 7,b7 the term does not include the use of a computer to cause harm to a commercial entity1 government agency1 or non-natural person4 7b7 ,national strategy ,the ,attorney ,general shall develop a national strategy to-- 7#a7 reduce the incidence of cybercrimes against individuals2 7#b7 coordinate investigations of cybercrimes against individuals by ,federal law enforcement agencies2 and 7#c7 increase the number of ,federal prosecutions of cybercrimes against individuals4 7c7 ,classification of cybercrimes against individuals for purposes of crime reports ,in accordance with the authority of the ,attorney ,general under section #ecd of title #bh1 ,united ,states ,code1 the ,director of the ,federal ,bureau of ,investigation shall-- 7#a7 design and create within the ,uniform ,crime ,reports a category for offenses that constitute cybercrimes against individuals2 7#b7 to the extent feasible1 within the category established under paragraph 7#a71 establish subcategories for each type of cybercrime against individuals that is an offense under ,federal or ,state law2 7#c7 classify the category established under paragraph 7#a7 as a ,part ,i crime in the ,uniform ,crime ,reports2 and 7#d7 classify each type of cybercrime against individuals that is an offense under ,federal or ,state law as a ,group ,a offense for the purpose of the ,national ,incident-,based ,reporting ,system4 7d7 ,annual summary ,the ,attorney ,general shall publish an annual summary of the information reported in the ,uniform ,crime ,reports and the ,national ,incident-,based ,reporting ,system relating to cybercrimes against individuals4 ,,ii ,health ,equity ,a ,expanded ,access to ,care #bjaja4 ,study on the uninsured 7a7 ,in general ,the ,secretary of ,health and ,human ,services 7in this section referred to as the ,secretary7 shall-- 7#a7 conduct a study1 in accordance with the standards under section #caja of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjjkk71 on the demographic characteristics of the population of individuals who do not have health insurance coverage2 7#b7 include in such study an analysis of the usage by such population of emergency room and urgent care facilities2 and 7#c7 predict1 based on such study1 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 period4 7b7 ,reporting requirements 7#a7 ,in general ,not later than #ab months after the date of the enactment of this ,act1 the ,secretary shall submit to the ,congress the results of the study under subsection 7a7 and the prediction made under subsection 7a77#c74 7#b7 ,reporting of demographic characteristics ,the ,secretary shall report the demographic characteristics under paragraphs 7#a71 7#b71 and 7#c7 of subsection 7a7 on the basis of racial and ethnic group1 and shall stratify the reporting on each racial and ethnic group by other demographic characteristics that can impact access to health insurance coverage1 such as sexual orientation1 gender identity1 primary language1 disability status1 sex1 socioeconomic status1 age group1 and citizenship and immigration status1 in a manner consistent with title ,i of this ,act4 #bjajb4 ,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 #cag,m 7#db ,u4,s4,c4 #bdg;b-#ad7 as follows3 7#a7 by redesignating subsections 7e7 and 7f7 as 7g7 and 7h71 respectively2 7#b7 by inserting after subsection 7d71 the following3 7e7 ,grants ,to ,support ,volunteer ,dental ,projects 7#a7 ,in general ,the ,secretary1 acting through the ,director of the ,centers for ,disease ,control and ,prevention1 may award grants to or enter into contracts with eligible entities to obtain portable or mobile dental equipment1 and pay for appropriate operational costs1 for the provision of free dental services to underserved populations that are delivered in a manner consistent with ,state licensing laws4 7#b7 ,eligible entity ,in this subsection1 the term eligible entity includes a ,state or local dental association1 a ,state oral health program1 a dental education1 dental hygiene education1 or postdoctoral dental education program accredited by the ,commission on ,dental ,accreditation1 and a community-based organization that partners with an academic institution1 that-- 7,a7 is exempt from tax under section #eja7;c7 of the ,internal ,revenue ,code of #aihf2 and 7,b7 offers a free dental services program for underserved populations4 7f7 ,action for ,dental ,health ,program 7#a7 ,in general ,the ,secretary1 acting through the ,director of the ,centers for ,disease ,control and ,prevention1 may award grants to or enter into contracts with eligible entities to collaborate with ,state1 county1 or local public officials and other stakeholders to develop and implement initiatives to accomplish any of the following goals3 7,a7 ,to improve oral health education and dental disease prevention1 including community-wide prevention programs1 use of dental sealants and fluoride varnish1 and increasing oral health literacy4 7,b7 ,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 adults1 including the aged1 blind1 and disabled populations4 7,c7 ,to reduce geographic1 language1 cultural1 and similar barriers in the provision of dental services4 7,d7 ,to help reduce the use of emergency departments by those who seek dental services more appropriately delivered in a dental primary care setting4 7,e7 ,to facilitate the provision of dental care to nursing home residents who are disproportionately affected by lack of care4 7#b7 ,eligible entity ,in this subsection1 the term eligible entity includes a ,state or local dental association1 a ,state oral health program1 or a dental education1 dental hygiene1 or postdoctoral dental education program accredited by the ,commission on ,dental ,accreditation1 and a community-based organization that partners with an academic institution1 that-- 7,a7 is exempt from tax under section #eja7;c7 of the ,internal ,revenue ,code of #aihf2 and 7,b7 partners with public and private stakeholders to facilitate the provision of dental services for underserved populations4 2 and 7#c7 in subsection 7h71 as redesignated by paragraph 7#a71 by striking fiscal years #bjja through #bjje and inserting fiscal years #bjaf through #bjbj4 #bjajc4 ,critical access hospital improvements 7a7 ,elimination of isolation test for cost-,based ambulance reimbursement 7#a7 ,in general ,section #ahcd7l77#h7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciem7l77#h77 is amended-- 7,a7 in subparagraph 7,b7-- 7i7 by striking owned and2 and 7ii7 by inserting 7including when such services are provided by the entity under an arrangement with the hospital7 after hospital2 and 7,b7 by striking the comma at the end of subparagraph 7,b7 and all that follows and inserting a period4 7#b7 ,effective date ,the amendments made by this subsection shall apply to services furnished on or after ,january #a1 #bjah4 7b7 ,provision of a more flexible alternative to the ,,cah designation #be inpatient bed limit requirement 7#a7 ,in general ,section #ahbj7;c77#b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;i-#d7;c77#b77 is amended-- 7,a7 in subparagraph 7,b77iii71 by striking provides not more than and inserting subject to subparagraph 7,f71 provides not more than2 and 7,b7 by adding at the end the following new subparagraph3 7,f7 ,alternative to #be inpatient bed limit requirement 7i7 ,in general ,a ,state may elect to treat a facility1 with respect to the designation of the facility for a cost-reporting period1 as satisfying the requirement of subparagraph 7,b77iii7 relating to a maximum number of acute care inpatient beds if the facility elects1 in accordance with a method specified by the ,secretary and before the beginning of the cost reporting period1 to meet the requirement under clause 7ii74 7ii7 ,alternate requirement ,the requirement under this clause1 with respect to a facility and a cost-reporting period1 is that the total number of inpatient bed days described in subparagraph 7,b77iii7 during such period will not exceed #g1cjj4 ,for purposes of this subparagraph1 an individual who is an inpatient in a bed in the facility for a single day shall be counted as one inpatient bed day4 7iii7 ,withdrawal of election ,the option described in clause 7i7 shall not apply to a facility for a cost-reporting period if the facility 7for any two consecutive cost-reporting periods during the previous #e cost-reporting periods7 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 clause4 4 7#b7 ,effective date ,the amendments made by paragraph 7#a7 shall apply to cost-reporting periods beginning on or after the date of the enactment of this ,act4 #bjajd4 ,community health center collaborative access expansion ,section #ccj of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bed;b7 is amended by adding at the end the following3 7t7 ,miscellaneous ,provisions 7#a7 ,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 7as defined by section #ahfa7;aa77#b7 of the ,social ,security ,act7 for the delivery of primary health care and other mental1 dental1 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 center4 ,such services may be limited in scope to those primary health care and other mental1 dental1 and physical health services available in that rural health clinic4 7#b7 ,enabling services ,to the extent possible1 enabling services such as transportation and translation assistance shall be provided by rural health clinics described in paragraph 7#a74 7#c7 ,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 7#a71 such rural health clinic shall establish policies to ensure-- 7,a7 nondiscrimination based upon the ability of a patient to pay2 7,b7 the establishment of a sliding fee scale for low-income patients2 and 7,c7 any such services should be subject to full reimbursement according to the ,prospective ,payment ,system scale4 4 ,b ,mental ,health ,needs #bjbja4 ,priority mental health needs of regional and national significance 7a7 ,reauthorization ,section #ebj;,a of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;bb-#cb7 is amended-- 7#a7 by redesignating subsection 7f7 as subsection 7h72 and 7#b7 by amending subsection 7h71 as redesignated1 to read as follows3 7h7 ,authorization of appropriations 7#a7 ,in general ,there are authorized to be appropriated to carry out this section #cid1eej1jjj for each of fiscal years #bjbb through #bjbh4 7#b7 ,allocations ,of the amounts authorized by paragraph 7#a7 to be appropriated for each of fiscal years #bjbb through #bjbh-- 7,a7 #aid1ejj1jjj shall be for carrying out subsection 7f7 7relating to the ,resiliency in ,communities ,after ,stress and ,trauma ,program72 and 7,b7 #ahi1ejj1jjj shall be for carrying out subsection 7g7 7relating to ,project ,,aware74 4 7b7 ,resiliency in ,communities ,after ,stress and ,trauma ,program ,section #ebj;,a of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;bb-#cb71 as amended by subsection 7a71 is further amended by inserting after subsection 7e7 the following subsection3 7f7 ,resiliency in ,communities ,after ,stress and ,trauma ,program 7#a7 ,in general ,the ,secretary shall maintain the ,resiliency in ,communities ,after ,stress and ,trauma ,program of the ,substance ,abuse and ,mental ,health ,services ,administration1 to be known at the ,re,c,a,s,t ,program4 7#b7 ,grants ,in carrying out the ,re,c,a,s,t ,program1 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-- 7,a7 implementation of evidence-based violence prevention and community youth engagement programs2 and 7,b7 linkages to trauma-informed behavioral health services4 7#c7 ,definition ,in this subsection1 the term civil unrest-- 7,a7 means demonstrations of mass protest and mobilization1 civil disobedience1 and disruption through violence1 often connected with law enforcement issues2 and 7,b7 includes such demonstrations in communities that have been affected by a high incidence of gun violence not caused by law enforcement4 4 7c7 ,project ,,aware ,section #ebj;,a of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;bb-#cb71 as amended by subsection 7b71 is further amended by inserting after subsection 7f7 the following subsection3 7g7 ,project ,,aware 7#a7 ,in general ,the ,secretary shall maintain the ,project ,advancing ,wellness and ,resiliency in ,education program of the ,substance ,abuse and ,mental ,health ,services ,administration1 to be known as ,project ,,aware4 7#b7 ,grants ,in carrying out ,project ,,aware1 the ,secretary shall make grants to ,state educational agencies to build or expand the capacity of such agencies1 in partnership with ,state mental health agencies overseeing school-aged youth and local education agencies-- 7,a7 to increase awareness of mental health issues among school-aged youth2 7,b7 to provide training for school personnel and other adults who interact with school-aged youth to detect and respond to mental health issues2 and 7,c7 to connect school-aged youth1 who may have behavioral health issues 7including serious emotional disturbance or serious mental illness71 and their families to needed services4 7#c7 ,definition ,in this subsection1 the term ,state educational agency means-- 7,a7 a ,state educational agency as defined in section #haja of the ,elementary and ,secondary ,education ,act of #aife2 or 7,b7 an education agency or authority of an ,indian tribe or tribal organization 7as such terms are defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act74 4 #bjbjb4 ,annual report on adverse childhood experiences of certain children in communities facing civil unrest 7a7 ,in general ,not later than the end of fiscal year #bjbb1 and annually thereafter1 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 unrest4 7b7 ,definition ,in this subsection1 the term civil unrest-- 7#a7 means demonstrations of mass protest and mobilization1 civil disobedience1 and disruption through violence1 often connected with law enforcement issues2 and 7#b7 includes such demonstrations in communities that have been affected by a high incidence of gun violence not caused by law enforcement4 ,c ,pursuing ,equity in ,mental ,health ,act #bjdja4 ,short title ,this subtitle may be cited as the ,pursuing ,equity in ,mental ,health ,act of #bjbj4 #a ,mental ,health of ,students #bjdaa4 ,amendments to the ,public ,health ,service ,act 7a7 ,technical amendments ,the second part ,g 7relating to services provided through religious organizations7 of title ,v of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bijkk et seq47 is amended-- 7#a7 by redesignating such part as part ,j2 and 7#b7 by redesignating sections #eha through #ehd as sections #eif through #eif;,c1 respectively4 7b7 ,school-,based mental health and children ,section #eha of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;hh7 7relating to children and violence7 is amended to read as follows3 #eha4 ,school-based mental health2 children and adolescents 7a7 ,in general ,the ,secretary1 in collaboration with the ,secretary of ,education1 shall1 directly or through grants1 contracts1 or cooperative agreements awarded to eligible entities described in subsection 7c71 assist local communities and schools 7including schools funded by the ,bureau of ,indian ,education7 in applying a public health approach to mental health services both in schools and in the community4 ,such approach shall provide comprehensive developmentally appropriate services and supports that are linguistically and culturally appropriate and trauma-informed1 and incorporate developmentally appropriate strategies of positive behavioral interventions and supports4 ,a comprehensive school-based mental health program funded under this section shall assist children in dealing with traumatic experiences1 grief1 bereavement1 risk of suicide1 and violence4 7b7 ,activities ,under the program under subsection 7a71 the ,secretary may-- 7#a7 provide financial support to enable local communities to implement a comprehensive culturally and linguistically appropriate1 trauma-informed1 and developmentally appropriate1 school-based mental health program that-- 7,a7 builds awareness of individual trauma and the intergenerational1 continuum of impacts of trauma on populations2 7,b7 trains appropriate staff to identify1 and screen for1 signs of trauma exposure1 mental health disorders1 or risk of suicide2 and 7,c7 incorporates positive behavioral interventions1 family engagement1 student treatment1 and multigenerational supports to foster the health and development of children1 prevent mental health disorders1 and ameliorate the impact of trauma2 7#b7 provide technical assistance to local communities with respect to the development of programs described in paragraph 7#a72 7#c7 provide assistance to local communities in the development of policies to address child and adolescent trauma and mental health issues and violence when and if it occurs2 7#d7 facilitate community partnerships among families1 students1 law enforcement agencies1 education agencies1 mental health and substance use disorder service systems1 family-based mental health service systems1 child welfare agencies1 health care providers 7including primary care physicians1 mental health professionals1 and other professionals who specialize in children's mental health such as child and adolescent psychiatrists71 institutions of higher education1 faith-based programs1 trauma networks1 and other community-based systems2 and 7#e7 establish mechanisms for children and adolescents to report incidents of violence or plans by other children1 adolescents1 or adults to commit violence4 7c7 ,requirements 7#a7 ,in general ,to be eligible for a grant1 contract1 or cooperative agreement under subsection 7a71 an entity shall-- 7,a7 be a partnership that includes-- 7i7 a ,state educational agency1 as defined in section #haja of the ,elementary and ,secondary ,education ,act of #aife1 in coordination with one or more local educational agencies1 as defined in section #haja of the ,elementary and ,secondary ,education ,act of #aife1 or a consortium of any entities described in subparagraph 7,b71 7,c71 7,d71 or 7,e7 of section #haja7cj7 of such ,act2 and 7ii7 in accordance with paragraph 7#b77;,a77i71 appropriate public or private entities that employ interventions that are evidence-based1 as defined in section #haja of the ,elementary and ,secondary ,education ,act of #aife2 and 7,b7 submit an application1 that is endorsed by all members of the partnership1 that-- 7i7 specifies which member will serve as the lead partner2 and 7ii7 contains the assurances described in paragraph 7#b74 7#b7 ,required assurances ,an application under paragraph 7#a7 shall contain assurances as follows3 7,a7 ,the eligible entity will ensure that1 in carrying out activities under this section1 the eligible entity will enter into a memorandum of understanding-- 7i7 with at least #a community-based mental health provider1 including a public or private mental health entity1 health care entity1 family-based mental health entity1 trauma network1 or other community-based entity1 as determined by the ,secretary 7and which may include additional entities such as a human services agency1 law enforcement or juvenile justice entity1 child welfare agency1 agency1 an institution of higher education1 or another entity1 as determined by the ,secretary72 and 7ii7 that clearly states-- 7,i7 the responsibilities of each partner with respect to the activities to be carried out1 including how family engagement will be incorporated in the activities2 7,,ii7 how school-employed and school-based or community-based mental health professionals will be utilized for carrying out such responsibilities2 7,,iii7 how each such partner will be accountable for carrying out such responsibilities2 and 7,,iv7 the amount of non-,federal funding or in-kind contributions that each such partner will contribute in order to sustain the program4 7,b7 ,the comprehensive school-based mental health program carried out under this section supports the flexible use of funds to address-- 7i7 universal prevention1 through the promotion of the social1 emotional1 mental1 and behavioral health of all students in an environment that is conducive to learning2 7ii7 selective prevention1 through the reduction in the likelihood of at risk students developing social1 emotional1 mental1 behavioral health problems1 suicide1 or substance use disorders2 7iii7 the screening for1 and early identification of1 social1 emotional1 mental1 behavioral problems1 suicide risk1 or substance use disorders and the provision of early intervention services2 7iv7 the treatment or referral for treatment of students with existing social1 emotional1 mental1 behavioral health problems1 or substance use disorders2 7v7 the development and implementation of evidence-based programs to assist children who are experiencing or have been exposed to trauma and violence1 including program curricula1 school supports1 and after-school programs2 and 7vi7 the development and implementation of evidence-based programs to assist children who are grieving1 which may include training for school personnel on the impact of trauma and bereavement on children1 and services to provide support to grieving children4 7,c7 ,the comprehensive school-based mental health program carried out under this section will provide for in-service training of all school personnel1 including ancillary staff and volunteers1 in-- 7i7 the techniques and supports needed to promote early identification of children with trauma histories1 children who are grieving1 and children with a mental health disorder or at risk of developing a mental health disorder1 or who are at risk of suicide2 7ii7 the use of referral mechanisms that effectively link such children to appropriate prevention1 treatment1 and intervention services in the school and in the community and to follow-up when services are not available2 7iii7 strategies that promote a school-wide positive environment1 including strategies to prevent bullying1 which includes cyber-bullying2 7iv7 strategies for promoting the social1 emotional1 mental1 and behavioral health of all students2 and 7v7 strategies to increase the knowledge and skills of school and community leaders about the impact of trauma and violence and on the application of a public health approach to comprehensive school-based mental health programs4 7,d7 ,the comprehensive school-based mental health program carried out under this section will include comprehensive training for parents or guardians1 siblings1 and other family members of children with mental health disorders1 and for concerned members of the community in-- 7i7 the techniques and supports needed to promote early identification of children with trauma histories1 children who are grieving1 children with a mental health disorder or at risk of developing a mental health disorder1 and children who are at risk of suicide2 7ii7 the use of referral mechanisms that effectively link such children to appropriate prevention1 treatment1 and intervention services in the school and in the community and follow-up when such services are not available2 and 7iii7 strategies that promote a school-wide positive environment1 including strategies to prevent bullying1 including cyber-bullying4 7,e7 ,the comprehensive school-based mental health program carried out under this section will demonstrate the measures to be taken to sustain the program 7which may include seeking funding for the program under a ,state ,medicaid plan under title ,,xix of the ,social ,security ,act or a waiver of such a plan1 or under a ,state plan under subpart #a of part ,b or part ,e of title ,,iv of the ,social ,security ,act74 7,f7 ,the eligible entity is supported by the ,state agency with primary responsibility for behavioral health to ensure that the comprehensive school-based mental health program carried out under this section will be sustainable after funding under this section terminates4 7,g7 ,the comprehensive school-based mental health program carried out under this section will be coordinated with early intervening activities carried out under the ,individuals with ,disabilities ,education ,act or activities funded under part ,a of title ,,iv of the ,elementary and ,secondary ,education ,act of #aife4 7,h7 ,the comprehensive school-based mental health program carried out under this section will be trauma-informed1 evidence-based1 and developmentally1 culturally1 and linguistically appropriate4 7,i7 ,the comprehensive school-based mental health program carried out under this section will include a broad needs assessment of youth who drop out of school due to policies of zero tolerance with respect to drugs1 alcohol1 or weapons and an inability to obtain appropriate services4 7,j7 ,the mental health services provided through the comprehensive school-based mental health program carried out under this section will be provided by qualified mental and behavioral health professionals who are certified1 credentialed1 or licensed in compliance with applicable ,federal and ,state law and regulations by the ,state involved and who are practicing within their area of expertise4 7,k7 ,students will be permitted to self-refer to the mental health program for mental health care and self-consent for mental health crisis care to the extent permitted by ,state or other applicable law4 7#c7 ,coordinator ,any entity that is a member of a partnership described in paragraph 7#a77;,a7 may serve as the coordinator of funding and activities under the grant if all members of the partnership agree4 7#d7 ,compliance with ,,hipaa ,a grantee under this section shall be deemed to be a covered entity for purposes of compliance with the regulations promulgated under section #bfd7;c7 of the ,health ,insurance ,portability and ,accountability ,act of #aiif with respect to any patient records developed through activities under the grant4 7#e7 ,compliance with ,,ferpa ,section #ddd of the ,general ,education ,provisions ,act 7commonly known as the ,family ,educational ,rights and ,privacy ,act of #aigd7 shall apply to any entity that is a member of the partnership in the same manner that such section applies to an educational agency or institution 7as that term is defined in such section74 7d7 ,priority for schools with high poverty levels ,in awarding grants1 contracts1 and cooperative agreements under this section1 the ,secretary shall give highest priority to eligible entities that are partnerships including one or more public elementary or secondary schools in which #ej4a percent or more of the students are eligible for a free or reduced price lunch under the ,richard ,b4 ,russell ,national ,school ,lunch ,act4 7e7 ,geographical distribution ,the ,secretary shall ensure that grants1 contracts1 or cooperative agreements under subsection 7a7 will be distributed equitably among the regions of the country and among urban and rural areas4 7f7 ,duration of awards ,with respect to a grant1 contract1 or cooperative agreement under subsection 7a71 the period during which payments under such an award will be made to the recipient shall be #e years1 with options for renewal4 7g7 ,evaluation and measures of outcomes 7#a7 ,development of process ,the ,assistant ,secretary shall develop a fiscally appropriate process for evaluating activities carried out under this section4 ,such process shall include-- 7,a7 the development of guidelines for the submission of program data by grant1 contract1 or cooperative agreement recipients2 7,b7 the development of measures of outcomes 7in accordance with paragraph 7#b77 to be applied by such recipients in evaluating programs carried out under this section2 and 7,c7 the submission of annual reports by such recipients concerning the effectiveness of programs carried out under this section4 7#b7 ,measures of outcomes 7,a7 ,in general ,the ,assistant ,secretary shall develop measures of outcomes to be applied by recipients of assistance under this section1 and the ,assistant ,secretary1 in evaluating the effectiveness of programs carried out under this section4 ,such measures shall include student and family measures as provided for in subparagraph 7,b7 and local educational measures as provided for under subparagraph 7,c74 7,b7 ,student and family measures of outcomes ,the measures for outcomes developed under paragraph 7#a77;,b7 relating to students and families shall1 with respect to activities carried out under a program under this section1 at a minimum include provisions to evaluate whether the program is effective in-- 7i7 increasing social and emotional competency2 7ii7 improving academic outcomes1 including as measured by proficiency on the annual assessments under section #aaaa7;b77#b7 of the ,elementary and ,secondary ,education ,act of #aife2 7iii7 reducing disruptive and aggressive behaviors2 7iv7 improving child functioning2 7v7 reducing substance use disorders2 7vi7 reducing rates of suicide2 7vii7 reducing suspensions1 truancy1 expulsions1 and violence2 7viii7 increasing high school graduation rates1 calculated using the four-year adjusted cohort graduation rate or the extended-year adjusted cohort graduation rate 7as such terms are defined in section #haja of the ,elementary and ,secondary ,education ,act of #aife72 7ix7 improving attendance rates and rates of chronic absenteeism2 7x7 improving access to care for mental health disorders1 including access to mental health services that are trauma-informed1 and developmentally1 linguistically1 and culturally appropriate2 7xi7 improving health outcomes2 and 7xii7 decreasing disparities among vulnerable and protected populations in outcomes described in clauses 7i7 through 7viii74 7,c7 ,local educational outcomes ,the outcome measures developed under paragraph 7#a77;,b7 relating to local educational systems shall1 with respect to activities carried out under a program under this section1 at a minimum include provisions to evaluate-- 7i7 the effectiveness of comprehensive school mental health programs established under this section2 7ii7 the effectiveness of formal partnership linkages among child and family serving institutions1 community support systems1 and the educational system2 7iii7 the progress made in sustaining the program once funding under the grant has expired2 7iv7 the effectiveness of training and professional development programs for all school personnel that incorporate indicators that measure cultural and linguistic competencies under the program in a manner that incorporates appropriate cultural and linguistic training2 7v7 the improvement in perception of a safe and supportive learning environment among school staff1 students1 and parents2 7vi7 the improvement in case-finding of students in need of more intensive services and referral of identified students to prevention1 early intervention1 and clinical services2 7vii7 the improvement in the immediate availability of clinical assessment and treatment services within the context of the local community to students posing a danger to themselves or others2 7viii7 the increased successful matriculation to postsecondary school2 7ix7 reduced suicide rates2 7x7 reduced referrals to juvenile justice2 and 7xi7 increased educational equity4 7#c7 ,submission of annual data ,an eligible entity described in subsection 7c7 that receives a grant1 contract1 or cooperative agreement under this section shall annually submit to the ,assistant ,secretary a report that includes data to evaluate the success of the program carried out by the entity based on whether such program is achieving the purposes of the program4 ,such reports shall utilize the measures of outcomes under paragraph 7#b7 in a reasonable manner to demonstrate the progress of the program in achieving such purposes4 7#d7 ,evaluation by ,assistant ,secretary ,based on the data submitted under paragraph 7#c71 the ,assistant ,secretary shall annually submit to ,congress a report concerning the results and effectiveness of the programs carried out with assistance received under this section4 7#e7 ,limitation ,an eligible entity shall use not more than #bj percent of amounts received under a grant under this section to carry out evaluation activities under this subsection4 7h7 ,information and education ,the ,secretary shall establish comprehensive information and education programs to disseminate the findings of the knowledge development and application under this section to the general public and to health care professionals4 7i7 ,amount of grants and authorization of appropriations 7#a7 ,amount of grants ,a grant under this section shall be in an amount that is not more than #b1jjj1jjj for each of the first #e fiscal years following the date of enactment of the ,pursuing ,equity in ,mental ,health ,act of #bjbj4 ,the ,secretary shall determine the amount of each such grant based on the population of children up to age #ba of the area to be served under the grant4 7#b7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section1 #bej1jjj1jjj for each of the first #e fiscal years following the date of enactment of the ,pursuing ,equity in ,mental ,health ,act of #bjbj4 4 7c7 ,conforming amendment ,part ,g of title ,v of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;hh et seq471 as amended by subsection 7b71 is further amended by striking the part designation and heading and inserting the following3 ,g ,school-based mental health 4 #b ,health ,equity and ,accountability #bjdae4 ,integrated ,health ,care ,demonstration ,program ,part ,d of title ,v of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;dd et seq47 is amended by adding at the end the following3 #eej4 ,interprofessional health care teams for provision of behavioral health care in primary care settings 7a7 ,grants ,the ,secretary1 acting through the ,assistant ,secretary for ,mental ,health and ,substance ,abuse1 shall award grants to eligible entities for the purpose of establishing interprofessional health care teams that provide behavioral health care4 7b7 ,eligible entities ,to be eligible to receive a grant under this section1 an entity shall be a ,federally qualified health center 7as defined in section #ahfa7;aa7 of the ,social ,security ,act71 rural health clinic1 or behavioral health program1 serving a high proportion of individuals from racial and ethnic minority groups 7as defined in section #agjg7;g774 7c7 ,scientifically based ,integrated health care funded through this section shall be scientifically based1 taking into consideration the results of the most recent peer-reviewed research available4 7d7 ,authorization of appropriations ,to carry out this section1 there is authorized to be appropriated #bj1jjj1jjj for each of the first #e fiscal years following the date of enactment of the ,pursuing ,equity in ,mental ,health ,act of #bjbj4 4 #bjdaf4 ,addressing racial and ethnic minority mental health disparities research gaps ,not later than #f months after the date of the enactment of this ,act1 the ,director of the ,national ,institute on ,minority ,health and ,health ,disparities shall enter into an arrangement with the ,national ,academy of ,sciences 7or1 if the ,national ,academy of ,sciences declines to enter into such an arrangement1 an arrangement with the ,institute of ,medicine1 the ,patient ,centered ,outcomes ,research ,institute1 the ,agency for ,healthcare ,quality1 or another appropriate entity7-- 7#a7 to conduct a study with respect to mental health disparities in racial and ethnic minority groups 7as defined in section #agjg7;g7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjju-#f7;g7772 and 7#b7 to submit to the ,congress a report on the results of such study1 including-- 7,a7 a compilation of information on the dynamics of mental disorders in such racial and ethnic minority groups2 and 7,b7 a compilation of information on the impact of exposure to community violence1 adverse childhood experiences1 and other psychological traumas on mental disorders in such racial and minority groups4 #bjdag4 ,health professions competencies to address racial and ethnic minority mental health disparities 7a7 ,in general ,the ,secretary of ,health and ,human ,services1 acting through the ,assistant ,secretary for ,mental ,health and ,substance ,use1 shall award grants to qualified national organizations for the purposes of-- 7#a7 developing1 and disseminating to health professional educational programs curricula or core competencies addressing mental health disparities among racial and ethnic minority groups for use in the training of students in the professions of social work1 psychology1 psychiatry1 marriage and family therapy1 mental health counseling1 and substance abuse counseling2 and 7#b7 certifying community health workers and peer wellness specialists with respect to such curricula and core competencies and integrating and expanding the use of such workers and specialists into health care to address mental health disparities among racial and ethnic minority groups4 7b7 ,curricula2 core competencies ,organizations receiving funds under subsection 7a7 may use the funds to engage in the following activities related to the development and dissemination of curricula or core competencies described in subsection 7a77#a73 7#a7 ,formation of committees or working groups comprised of experts from accredited health professions schools to identify core competencies relating to mental health disparities among racial and ethnic minority groups4 7#b7 ,planning of workshops in national fora to allow for public input into the educational needs associated with mental health disparities among racial and ethnic minority groups4 7#c7 ,dissemination and promotion of the use of curricula or core competencies in undergraduate and graduate health professions training programs nationwide4 7#d7 ,establishing external stakeholder advisory boards to provide meaningful input into policy and program development and best practices to reduce mental health disparities among racial and ethnic minority groups4 7c7 ,definitions ,in this section3 7#a7 ,qualified national organization ,the term qualified national organization means a national organization that focuses on the education of students in programs of social work1 psychology1 psychiatry1 and marriage and family therapy4 7#b7 ,racial and ethnic minority group ,the term racial and ethnic minority group has the meaning given to such term in section #agjg7;g7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjju-#f7;g774 7d7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section such sums as may be necessary for each of the first #e fiscal years following the date of enactment of this ,act4 #bjdah4 ,racial and ethnic minority behavioral and mental health outreach and education strategy ,part ,d of title ,v of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;dd et seq47 is amended by adding at the end the following new section3 #eec4 ,behavioral and mental health outreach and education strategy 7a7 ,in general ,the ,secretary1 acting through the ,assistant ,secretary1 shall1 in coordination with advocacy and behavioral and mental health organizations serving racial and ethnic minority groups1 develop and implement an outreach and education strategy to promote behavioral and mental health and reduce stigma associated with mental health conditions and substance abuse among racial and ethnic minority groups4 ,such strategy shall-- 7#a7 be designed to-- 7,a7 meet the diverse cultural and language needs of the various racial and ethnic minority groups2 and 7,b7 be developmentally and age-appropriate2 7#b7 increase awareness of symptoms of mental illnesses common among such groups1 taking into account differences within subgroups1 such as gender1 gender identity1 age1 or sexual orientation1 of such groups2 7#c7 provide information on evidence-based1 culturally and linguistically appropriate and adapted interventions and treatments2 7#d7 ensure full participation of1 and engage1 both consumers and community members in the development and implementation of materials2 and 7#e7 seek to broaden the perspective among both individuals in these groups and stakeholders serving these groups to use a comprehensive public health approach to promoting behavioral health that addresses a holistic view of health by focusing on the intersection between behavioral and physical health4 7b7 ,reports ,beginning not later than #a year after the date of the enactment of this section and annually thereafter1 the ,secretary1 acting through the ,assistant ,secretary1 shall submit to ,congress1 and make publicly available1 a report on the extent to which the strategy developed and implemented under subsection 7a7 increased behavioral and mental health outcomes associated with mental health conditions and substance abuse among racial and ethnic minority groups4 7c7 ,definition ,in this section1 the term racial and ethnic minority group has the meaning given to that term in section #agjg7;g74 7d7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #aj1jjj1jjj for the first fiscal year following the date of enactment of the ,pursuing ,equity in ,mental ,health ,act of #bjbj4 4 #bjdai4 ,additional funds for ,national ,institutes of ,health 7a7 ,in general ,in addition to amounts otherwise authorized to be appropriated to the ,national ,institutes of ,health1 there is authorized to be appropriated to such ,institutes #ajj1jjj1jjj for each of the first #e fiscal years following the date of enactment of this ,act to build relations with communities and conduct or support clinical research1 including clinical research on racial or ethnic disparities in physical and mental health4 7b7 ,definition ,in this section1 the term clinical research has the meaning given to such term in section #dji of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bhd;d74 #bjdbj4 ,additional funds for ,national ,institute on ,minority ,health and ,health ,disparities ,in addition to amounts otherwise authorized to be appropriated to the ,national ,institute on ,minority ,health and ,health ,disparities1 there is authorized to be appropriated to such ,institute #fej1jjj1jjj for each of the first #e fiscal years following the date of enactment of this ,act4 #c ,other provisions #bjdba4 ,reauthorization of ,minority ,fellowship ,program ,section #eig7;c7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bigll7c77 is amended by striking #ab1ffi1jjj for each of fiscal years #bjah through #bjbb and inserting #be1jjj1jjj for each of the first #e fiscal years following the date of enactment of the ,pursuing ,equity in ,mental ,health ,act of #bjbj4 #bjdbb4 ,commission on the ,effects of ,smartphone and ,social ,media ,use on ,adolescents 7a7 ,in general ,not later than #f months after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services shall establish a commission1 to be known as the ,commission on the ,effects of ,smartphone and ,social ,media ,usage on ,adolescents1 to examine-- 7#a7 the extent of smartphone and social media use in schools2 and 7#b7 the effects of such use on-- 7,a7 the emotional and physical health of students2 and 7,b7 the academic performance of students4 7b7 ,membership 7#a7 ,number ,the ,commission shall consist of #ae members appointed by the ,secretary4 7#b7 ,composition ,the members of the ,commission-- 7,a7 shall not include any government officials or employees2 and 7,b7 shall include representatives of academia1 technology companies1 and advocacy groups4 7c7 ,guidelines ,the ,secretary shall authorize the ,commission to establish guidelines for its operation4 7d7 ,report ,not later than #a year after its establishment1 the ,commission shall submit to the ,congress1 and make publicly available1 a report on the findings and conclusions of the ,commission4 7e7 ,definitions ,in this section3 7#a7 ,the term ,commission means the ,commission on the ,effects of ,smartphone and ,social ,media ,usage on ,adolescents established under subsection 7a74 7#b7 ,the term ,secretary means the ,secretary of ,health and ,human ,services4 7f7 ,sunset ,not later than #f months after the ,commission submits the report required by subsection 7c71 the ,secretary shall terminate the ,commission4 #bjdbc4 ,no ,federal funds for conversion therapy 7a7 ,in general ,no ,federal funds may be used for conversion therapy4 7b7 ,discouraging ,states from funding conversion therapy ,beginning on the date that is #ahj days after the date of enactment of this ,act1 any ,state that funds conversion therapy shall be ineligible to be awarded a grant or other financial assistance under any program of the ,substance ,abuse and ,mental ,health ,services ,administration1 including any program under title ,v of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;aa et seq474 7c7 ,definitions ,for purposes of this section3 7#a7 ,conversion therapy ,the term conversion therapy-- 7,a7 means any practice or treatment by any person that seeks to change another individual's sexual orientation or gender identity1 including efforts to change behaviors or gender expressions1 or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender1 if such person receives monetary compensation in exchange for any such practice or treatment2 and 7,b7 does not include any practice or treatment1 which does not seek to change sexual orientation or gender identity1 that-- 7i7 provides assistance to an individual undergoing a gender transition2 or 7ii7 provides acceptance1 support1 and understanding of a client or facilitation of a client's coping1 social support1 and identity exploration and development1 including sexual orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices4 7#b7 ,gender identity ,the term gender identity means the gender-related identity1 appearance1 mannerisms1 or other gender-related characteristics of an individual1 regardless of the individual's designated sex at birth4 7#c7 ,person ,the term person means any individual1 partnership1 corporation1 cooperative1 association1 or any other entity4 7#d7 ,sexual orientation ,the term sexual orientation means homosexuality1 heterosexuality1 or bisexuality4 7#e7 ,state ,the term ,state has the meaning given to such term in section #b of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bja74 ,d ,pr,e,p ,assistance ,program #bjeja4 ,short title ,this subtitle may be cited as the ,pr,e,p ,assistance ,program ,act4 #bjejb4 ,pre-exposure prophylaxis program grant 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services 7in this subtitle referred to as the ,secretary7 shall establish a program that provides grants to ,states1 ,territories of the ,united ,states1 and ,indian tribes for the establishment and support of pre-exposure prophylaxis 7in this subtitle referred to as ,pr,e,p7 programs4 7b7 ,applications ,to be eligible to receive a grant under subsection 7a71 a ,state1 ,territory of the ,united ,states1 or ,indian tribe shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require1 including a description of how any funds awarded will be used4 7c7 ,amount ,any grant provided to a ,state1 ,territory of the ,united ,states1 or ,indian tribe under this section may not exceed #e1jjj1jjj4 7d7 ,use of funds ,any ,state1 ,territory of the ,united ,states1 or ,indian tribe that is awarded funds under subsection 7a7 shall use such funds for eligible ,pr,e,p expenses4 7e7 ,eligible ,pr,e,p expenses 7#a7 ,in general ,the ,secretary shall publish a list of expenses that qualify as eligible ,pr,e,p expenses4 7#b7 ,inclusions ,such list shall include-- 7,a7 clinic and laboratory fees2 7,b7 ,pr,e,p medication2 7,c7 sexually transmitted disease testing in accordance with guidelines issued by the ,centers for ,disease ,control and ,prevention2 7,d7 treatment adherence counseling2 7,e7 outreach activities directed toward high-risk populations that increase awareness about the existence of ,pr,e,p and provide education about access to and health care coverage of ,pr,e,p2 and 7,f7 outreach activities directed toward physicians that provide education about ,pr,e,p4 7f7 ,matching ,any ,state1 ,territory of the ,united ,states1 or ,indian tribe that receives a grant under subsection 7a7 must contribute1 to the programs established or supported by the grant1 an amount equal to not less than #bj percent of the amount of the grant4 7g7 ,report to ,congress ,the ,secretary shall1 in each of the first five years beginning one year after the date of the enactment of this ,act1 submit to ,congress1 and make public on the ,internet website of the ,department of ,health and ,human ,services1 a report on the impact of any grants provided to ,states1 ,territories of the ,united ,states1 and ,indian tribes for the establishment and support of pre-exposure prophylaxis programs under this subtitle4 7h7 ,authorization of ,appropriations ,there are authorized to be appropriated to carry out this subtitle #ej1jjj1jjj for each of the first five fiscal years beginning after the date of the enactment of this ,act4 ,e ,environmental ,justice and ,environmental ,justice ,advocates #bjfja4 ,findings ,congress finds that-- 7#a7 environmental injustice exists whenever governmental action or inaction causes environmental risks or harms to fall unfairly and disproportionately upon a particular group or community2 7#b7 racial minority1 low-income1 rural1 indigenous1 and other often-marginalized communities are especially likely to face environmental injustice2 7#c7 limited resources and lack of political power ensure that marginalized communities host pollution-producing or potentially toxic facilities1 including power plants1 pipelines1 industrial sites1 garbage transfer stations1 incinerators1 landfills1 and sewage treatment plants1 at disproportionate rates2 7#d7 marginalized communities suffer from systemic governmental failures to adequately invest in the kind of infrastructure and services that reduce the risk of environmental accidents or disasters1 and that facilitate swift1 effective responses to such occurrences2 7#e7 the presence of pollution-producing sites can compromise public health1 safety1 property values1 and quality of life even if no accident or disaster occurs2 7#f7 air and water quality are often especially poor in marginalized communities1 and governmental permitting and investment decisions directly contribute to this inequity2 7#g7 scientific evidence increasingly links poor environmental quality with disabilities and chronic illnesses1 including cancer1 asthma1 neurobehavioral disorders1 learning disabilities1 and abnormal hormone functioning2 7#h7 environmental justice exists when public policies successfully prevent or correct unfair disparities in environmental quality1 and resultant disparities in public health and quality of life2 7#i7 environmental justice is possible only if vulnerable groups and marginalized communities can express their needs and concerns1 and only then if policymakers listen2 7#aj7 the environmental justice movement seeks to address the unjust social1 economic1 and political marginalization of minority1 low-income1 rural1 and indigenous communities2 7#aa7 environmental justice advocates seek healthy home1 work1 and recreational environments for all human beings1 and healthy habitats for non-human life2 7#ab7 community health depends in part upon factors like adequate transit options1 walkable neighborhoods1 and other public goods that marginalized communities are often denied2 7#ac7 environmental justice requires responsible and balanced use of land and resources1 in a way that does not unfairly burden marginalized communities2 7#ad7 environmental justice can only be achieved and sustained in the context of a greener economy2 7#ae7 8greening0 the economy requires concrete governmental actions1 including investments in clean technologies2 in sustainable1 low-carbon transportation and energy production systems2 and in workforce training initiatives that prepare citizens for well-paying jobs in new or evolving industries2 7#af7 environmental justice requires fair processes and a good-faith approach to public policy1 including regulatory decision making2 7#ag7 in the #aiijs1 in response to the environmental justice movement1 ,federal agencies were directed to incorporate environmental justice goals into their programs and activities2 7#ah7 vulnerable populations and marginalized communities continue urgently to need fairer environmental policies1 and more inclusive and equitable processes2 and 7#ai7 all ,americans would be better served by a policymaking process that did not unfairly prioritize the comfort and health of some groups or communities at the expense of others4 #bjfjb4 ,sense of ,congress ,congress-- 7#a7 reaffirms the vital importance of clean air1 clean water1 resource conservation1 and other policy goals that spurred lawmakers to enact existing environmental and public health protections2 7#b7 affirms that the need for adequate environmental and public health protections is inextricably linked with the need for a more sustainable economy and greener1 more livable communities2 7#c7 affirms that environmental and public health policies should adequately and equally protect all ,americans1 and that equal protection is possible only in a context of environmental justice2 7#d7 commends environmental justice advocates for their continuing struggle to achieve fairer1 healthier1 more sustainable policies and outcomes2 7#e7 acknowledges the prevalence of environmental injustices that directly affect the health and well-being of individuals and communities across the country1 especially racial minority1 rural1 indigenous1 and low-income communities2 and 7#f7 affirms its commitment to ameliorating existing environmental injustices1 and to preventing future injustices1 by supporting greater objectivity1 transparency1 and outreach in policymaking at all levels of government2 by supporting improved two-way communication between policymakers and those affected by their decisions2 and by supporting processes that ensure policymakers give due consideration not just to the effects of their decisions1 but to how those effects are distributed and by whom they are borne4 ,f ,endometrial ,cancer ,research and ,education #bjgja4 ,short title ,this subtitle may be cited as the ,endometrial ,cancer ,research and ,education ,act of #bjbj4 #bjgjb4 ,findings ,congress finds the following3 7#a7 ,endometrial cancer is cancer of the lining of the uterus 7or endometrium7 and is the most common form of uterine cancer4 7#b7 ,endometrial cancer is the fourth most common cancer diagnosed in women1 after breast1 lung1 and colon cancer4 7#c7 ,endometrial cancer mainly affects postmenopausal women1 with most women diagnosed between age #ee and #fd4 7#d7 ,women with polycystic ovary syndrome 7,,pcos7 and uterine leiomyoma have an increased risk of developing endometrial cancer4 7#e7 ,unlike most other types of cancer1 the incidence of endometrial cancer1 particularly aggressive subtypes of such cancer1 has been increasing in the ,united ,states among all women1 particularly among ,african-,american and ,asian women1 with a #b4e annual percent change for both groups4 7#f7 ,in comparison to non-,hispanic ,white women1 ,african-,american women have significantly higher incidence rates of aggressive endometrial cancers4 7#g7 ,such incidence rates for ,hispanic and ,asian women are equal to or lower than such incidence rates for non-,hispanic ,white women4 7#h7 ,although non-,hispanic ,white women are more likely to be diagnosed with endometrial cancer in comparison to ,african-,american women1 the rate of mortality is higher for ,african-,american women4 7#i7 ,currently1 the cause of such disparity is unknown4 ,researchers have studied the disparity in relation to the time between diagnosis and treatment of endometrial cancer1 including socioeconomic factors4 #bjgjc4 ,expanding research and education with respect to endometrial cancer 7a7 ,national ,institutes of ,health ,part ,b of title ,,iv of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bhd et seq47 is amended by adding at the end the following new section3 #dji,k4 ,endometrial cancer 7a7 ,in general ,the ,director of ,,nih shall-- 7#a7 expand1 intensify1 and coordinate programs to conduct and support research with respect to endometrial cancer2 and 7#b7 communicate to medical professionals and researchers1 including through the endometrial cancer public education program established under section #cii,v-#g1 the disparity in the diagnosis of endometrial cancer between ,african-,american women and non-,hispanic ,white women and any new research relating to endometrial cancer4 7b7 ,coordination with other institutes ,the ,director of ,,nih shall coordinate activities carried out by the ,director pursuant to subsection 7a7 with similar activities carried out by-- 7#a7 the ,director of the ,eunice ,kennedy ,shriver ,national ,institute of ,child ,health and ,human ,development2 7#b7 the ,director of the ,national ,institute on ,minority ,health and ,health ,disparities2 and 7#c7 the ,director of the ,office of ,research on ,women's ,health4 7c7 ,authorization of appropriations ,for purposes of carrying out this section1 there is authorized to be appropriated #ejj1jjj for each of fiscal years #bjba through #bjbc4 4 7b7 ,centers for ,disease ,control and ,prevention ,part ,p of title ,,iii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bhj;g et seq47 is amended by adding at the end the following new section3 #cii,v-#g4 ,endometrial ,cancer ,public ,education ,program 7a7 ,in general ,the ,secretary1 acting through the ,director of the ,centers for ,disease ,control and ,prevention1 shall develop and disseminate to the public informational materials on endometrial cancer1 including the incidence rate of such cancer1 the risk factors for developing such cancer1 the increased risk for ethnic minority women to develop such cancer1 and the range of available treatments for such cancer4 ,any informational material developed pursuant to the previous sentence may be transmitted to a nonprofit organization2 institution of higher education2 ,federal1 ,state1 or local agency2 or media entity for purposes of disseminating such material to the public4 7b7 ,consultation ,in developing and disseminating informational materials under subsection 7a71 the ,director of the ,centers for ,disease ,control and ,prevention shall consult with the ,administrator of the ,health ,resources and ,services ,administration4 7c7 ,authorization of appropriations ,for purposes of carrying out this section1 there is authorized to be appropriated such sums as may be necessary for each of fiscal years #bjba through #bjbc4 4 ,g ,donald ,payne ,sr4 ,colorectal ,cancer ,detection #bjhja4 ,short title ,this subtitle may be cited as the ,donald ,payne ,sr4 ,colorectal ,cancer ,detection ,act of #bjbj4 #bjhjb4 ,medicare coverage for ,,fda-approved qualifying colorectal cancer screening blood-based tests 7a7 ,in general ,section #ahfa7pp7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciex7pp77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by redesignating subparagraph 7,d7 as subparagraph 7,e72 and 7,b7 by inserting after subparagraph 7,c7 the following new subparagraph3 7,d7 ,qualifying colorectal cancer screening blood-based test4 2 and 7#b7 by adding at the end the following new paragraph3 7#c7 ,the term qualifying colorectal cancer screening blood-based test means1 with respect to a year1 a screening blood-based test for the early detection of colorectal cancer furnished in the year that was marketed or used1 as applicable1 in accordance with the relevant provisions of section #cec of the ,public ,health ,service ,act or the ,federal ,food1 ,drug1 and ,cosmetic ,act more than #f months before the beginning of the year4 4 7b7 ,frequency limits for colorectal cancer screening tests and payment amount for qualifying colorectal cancer screening blood-,based tests ,section #ahcd7;d7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciem7d77 is amended-- 7#a7 by amending clause 7ii7 of paragraph 7#a77;,b7 to read as follows3 7ii7 if the test is performed within-- 7,i7 the #aa months after a previous screening fecal-occult blood test or a previous qualifying colorectal cancer screening blood-based test2 7,,ii7 the #ce months after a previous screening flexible sigmoidoscopy or a previous screening colonoscopy with adenoma findings2 7,,iii7 the #ei months after a previous screening colonoscopy with small polyp findings2 or 7,,iv7 the #aai months after a previous screening colonoscopy without adenoma findings or small polyp findings4 2 7#b7 in paragraph 7#b77;,e77ii71 by inserting or within the #ce months after a previous screening fecal-occult blood test or previous qualifying colorectal cancer screening blood-based test after sigmoidoscopy2 7#c7 by amending subparagraph 7,e7 of paragraph 7#c7 to read as follows3 7,e7 ,frequency limit ,no payment may be made under this part for a colorectal cancer screening test consisting of a screening colonoscopy-- 7i7 if the procedure is performed within the #aa months after a previous screening fecal-occult blood test or previous qualifying colorectal cancer screening blood-based test2 7ii7 for individuals at high risk for colorectal cancer if the procedure is performed within the #bc months after a previous screening colonoscopy2 or 7iii7 for individuals not at high risk for colorectal cancer if the procedure is performed within the #aai months after a previous screening colonoscopy or within the #dg months after a previous screening flexible sigmoidoscopy4 2 and 7#d7 by adding at the end the following new paragraph3 7#d7 ,qualifying colorectal cancer screening blood-based tests 7,a7 ,payment amount ,the payment amount for colorectal cancer screening tests consisting of qualifying colorectal cancer screening blood-based tests shall be established by the ,secretary4 7,b7 ,frequency limit ,paragraph 7#a77;,b7 shall apply to colorectal cancer screening tests consisting of qualifying colorectal cancer screening blood-based tests in the same manner as such paragraph applies to colorectal cancer screening tests consisting of fecal-occult blood tests4 4 7c7 ,effective date ,the amendments made by this section shall apply to colorectal cancer screening tests furnished in a year beginning more than #f months after the date of the enactment of this ,act4 ,h ,environmental ,justice ,act #bjija4 ,short title ,this subtitle may be cited as the ,environmental ,justice ,act of #bjbj4 #bjijb4 ,purposes ,the purposes of this subtitle are-- 7#a7 to require ,federal agencies to address and eliminate the disproportionate environmental and human health impacts on populations of color1 communities of color1 indigenous communities1 and low-income communities2 7#b7 to ensure that all ,federal agencies develop and enforce rules1 regulations1 guidance1 standards1 policies1 plans1 and practices that promote environmental justice2 7#c7 to increase cooperation and require coordination among ,federal agencies in achieving environmental justice2 7#d7 to provide to communities of color1 indigenous communities1 and low-income communities meaningful access to public information and opportunities for participation in decision making affecting human health and the environment2 7#e7 to mitigate the inequitable distribution of the burdens and benefits of ,federal programs having significant impacts on human health and the environment2 7#f7 to require consideration of cumulative impacts in permitting decisions2 7#g7 to clarify congressional intent to afford rights of action pursuant to certain statutes and common law claims2 and 7#h7 to allow a private right of action under title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq47 to challenge discriminatory practices4 #bjijc4 ,definitions ,in this subtitle3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,community of color ,the term community of color means any geographically distinct area the population of color of which is higher than the average population of color of the ,state in which the community is located4 7#c7 ,community-based science ,the term community-based science means voluntary public participation in the scientific process and the incorporation of data and information generated outside of traditional institutional boundaries to address real-world problems in ways that may include formulating research questions1 conducting scientific experiments1 collecting and analyzing data1 interpreting results1 making new discoveries1 developing technologies and applications1 and solving complex problems1 with an emphasis on the democratization of science and the engagement of diverse people and communities4 7#d7 ,environmental justice ,the term environmental justice means the fair treatment and meaningful involvement of all individuals1 regardless of race1 color1 national origin1 educational level1 or income1 with respect to the development1 implementation1 and enforcement of environmental laws1 regulations1 and policies to ensure that-- 7,a7 populations of color1 communities of color1 indigenous communities1 and low-income communities have access to public information and opportunities for meaningful public participation relating to human health and environmental planning1 regulations1 and enforcement2 7,b7 no population of color or community of color1 indigenous community1 or low-income community shall be exposed to a disproportionate burden of the negative human health and environmental impacts of pollution or other environmental hazards2 and 7,c7 the #ag ,principles of ,environmental ,justice written and adopted at the ,first ,national ,people of ,color ,environmental ,leadership ,summit held on ,october #bd through #bg1 #aiia1 in ,washington1 ,,dc1 are upheld4 7#e7 ,federal agency ,the term ,federal agency means-- 7,a7 each ,federal agency represented on the ,working ,group2 and 7,b7 any other ,federal agency that carries out a ,federal program or activity that substantially affects human health or the environment1 as determined by the ,president4 7#f7 ,fenceline community ,the term fenceline community means a population living in close proximity to a source of pollution4 7#g7 ,indigenous community ,the term indigenous community means-- 7,a7 a federally recognized ,indian ,tribe2 7,b7 a ,state-recognized ,indian ,tribe2 7,c7 an ,alaska ,native or ,native ,hawaiian community or organization2 and 7,d7 any other community of indigenous people1 including communities in other countries4 7#h7 ,infrastructure ,the term infrastructure means any system for safe drinking water1 sewer collection1 solid waste disposal1 electricity generation1 communication1 or transportation access 7including highways1 airports1 marine terminals1 rail systems1 and residential roads7 that is used to effectively and safely support-- 7,a7 housing2 7,b7 an educational facility2 7,c7 a medical provider2 7,d7 a park or recreational facility2 or 7,e7 a local businesses4 7#i7 ,low income ,the term low income means an annual household income equal to1 or less than1 the greater of-- 7,a7 an amount equal to #hj percent of the median income of the area in which the household is located1 as reported by the ,department of ,housing and ,urban ,development2 and 7,b7 #bjj percent of the ,federal poverty line4 7#aj7 ,low-income community ,the term low-income community means any census block group in which #cj percent or more of the population are individuals with low income4 7#aa7 ,meaningful ,the term meaningful1 with respect to involvement by the public in a determination by a ,federal agency1 means that-- 7,a7 potentially affected residents of a community have an appropriate opportunity to participate in decisions regarding a proposed activity that will affect the environment or public health of the community2 7,b7 the public contribution can influence the determination by the ,federal agency2 7,c7 the concerns of all participants involved are taken into consideration in the decision-making process2 and 7,d7 the ,federal agency-- 7i7 provides to potentially affected members of the public accurate information2 and 7ii7 facilitates the involvement of potentially affected members of the public4 7#ab7 ,population of color ,the term population of color means a population of individuals who identify as-- 7,a7 ,black2 7,b7 ,african ,american2 7,c7 ,asian2 7,d7 ,pacific ,islander2 7,e7 another non,white race2 7,f7 ,hispanic2 7,g7 ,latino2 or 7,h7 linguistically isolated4 7#ac7 ,publish ,the term publish means to make publicly available in a form that is-- 7,a7 generally accessible1 including on the internet and in public libraries2 and 7,b7 accessible for-- 7i7 individuals who are limited in ,english proficiency1 in accordance with ,executive ,order #acaff 7#fe ,fed4 ,reg4 #ejaba 7,august #af1 #bjjj772 and 7ii7 individuals with disabilities4 7#ad7 ,working ,group ,the term ,working ,group means the interagency ,federal ,working ,group on ,environmental ,justice convened under section #a-ajb of ,executive ,order #abhih 7#db ,u4,s4,c4 #dcba note71 as amended by ,executive ,order #abidh 7#fj ,fed4 ,reg4 #fcha 7,january #cj1 #aiie77 and modified by section #bjijd4 #bjijd4 ,interagency ,federal ,working ,group on ,environmental ,justice 7a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,administrator shall convene1 as appropriate to carry out this section1 the ,working ,group4 7b7 ,requirements 7#a7 ,composition ,the ,working ,group shall be comprised of the following 7or a designee73 7,a7 ,the ,secretary of ,agriculture4 7,b7 ,the ,secretary of ,commerce4 7,c7 ,the ,secretary of ,defense4 7,d7 ,the ,secretary of ,energy4 7,e7 ,the ,secretary of ,health and ,human ,services4 7,f7 ,the ,secretary of ,homeland ,security4 7,g7 ,the ,secretary of ,housing and ,urban ,development4 7,h7 ,the ,secretary of the ,interior4 7,i7 ,the ,secretary of ,labor4 7,j7 ,the ,secretary of ,transportation4 7,k7 ,the ,attorney ,general4 7,l7 ,the ,administrator4 7,m7 ,the ,director of the ,office of ,environmental ,justice4 7,n7 ,the ,chairman of the ,consumer ,product ,safety ,commission4 7,o7 ,the ,chairperson of the ,chemical ,safety ,board4 7,p7 ,the ,director of the ,office of ,management and ,budget4 7,q7 ,the ,director of the ,office of ,science and ,technology ,policy4 7,r7 ,the ,chair of the ,council on ,environmental ,quality4 7,s7 ,the ,assistant to the ,president for ,domestic ,policy4 7,t7 ,the ,director of the ,national ,economic ,council4 7,u7 ,the ,chairman of the ,council of ,economic ,advisers4 7,v7 ,such other ,federal officials as the ,president may designate4 7#b7 ,functions ,the ,working ,group shall-- 7,a7 report to the ,president through the ,chair of the ,council on ,environmental ,quality and the ,assistant to the ,president for ,domestic ,policy2 7,b7 provide guidance to ,federal agencies regarding criteria for identifying disproportionately high and adverse human health or environmental effects-- 7i7 on populations of color1 communities of color1 indigenous communities1 and low-income communities2 and 7ii7 on the basis of race1 color1 national origin1 or income2 7,c7 coordinate with1 provide guidance to1 and serve as a clearinghouse for1 each ,federal agency with respect to the implementation and updating of an environmental justice strategy required under this ,act1 in order to ensure that the administration1 interpretation1 and enforcement of programs1 activities1 and policies are carried out in a consistent manner2 7,d7 assist in coordinating research by1 and stimulating cooperation among1 the ,environmental ,protection ,agency1 the ,department of ,health and ,human ,services1 the ,department of ,housing and ,urban ,development1 and other ,federal agencies conducting research or other activities in accordance with this ,act2 7,e7 identify1 based in part on public recommendations contained in ,federal agency progress reports1 important areas for ,federal agencies to take into consideration and address1 as appropriate1 in environmental justice strategies and other efforts2 7,f7 assist in coordinating data collection and maintaining and updating appropriate databases1 as required by this ,act2 7,g7 examine existing data and studies relating to environmental justice2 7,h7 hold public meetings and otherwise solicit public participation under paragraph 7#c72 and 7,i7 develop interagency model projects relating to environmental justice that demonstrate cooperation among ,federal agencies4 7#c7 ,public participation ,the ,working ,group shall-- 7,a7 hold public meetings or otherwise solicit public participation and community-based science for the purpose of fact-finding with respect to the implementation of this ,act2 and 7,b7 prepare for public review and publish a summary of any comments and recommendations provided4 7c7 ,judicial review and rights of action ,any person may commence a civil action-- 7#a7 to seek relief from1 or to compel1 an agency action under this section 7including regulations promulgated pursuant to this section72 or 7#b7 otherwise to ensure compliance with this section 7including regulations promulgated pursuant to this section74 #bjije4 ,federal agency actions to address environmental justice 7a7 ,federal agency responsibilities 7#a7 ,environmental justice mission ,to the maximum extent practicable and permitted by applicable law1 each ,federal agency shall make achieving environmental justice part of the mission of the ,federal agency by identifying1 addressing1 and mitigating disproportionately high and adverse human health or environmental effects of the programs1 policies1 and activities of the ,federal agency on populations of color1 communities of color1 indigenous communities1 and low-income communities in the ,united ,states 7including the territories and possessions of the ,united ,states and the ,district of ,columbia74 7#b7 ,nondiscrimination ,each ,federal agency shall conduct any program1 policy1 or activity that substantially affects human health or the environment in a manner that ensures that the program1 policy1 or activity does not have the effect of excluding any individual or group from participation in1 denying any individual or group the benefits of1 or subjecting any individual or group to discrimination under1 the program1 policy1 or activity because of race1 color1 or national origin4 7#c7 ,strategies 7,a7 ,agencywide strategies ,each ,federal agency shall implement and update1 not less frequently than annually1 an agencywide environmental justice strategy that identifies disproportionally high and adverse human health or environmental effects of the programs1 policies1 spending1 and other activities of the ,federal agency with respect to populations of color1 communities of color1 indigenous communities1 and low-income communities1 including1 as appropriate for the mission of the ,federal agency1 with respect to the following areas3 7i7 ,implementation of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7ii7 ,implementation of title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq47 7including regulations promulgated pursuant to that title74 7iii7 ,implementation of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaba et seq474 7iv7 ,impacts from the lack of infrastructure1 or from deteriorated infrastructure4 7v7 ,impacts from land use4 7vi7 ,impacts from climate change4 7vii7 ,impacts from commercial transportation4 7,b7 ,revisions 7i7 ,in general ,each strategy developed and updated pursuant to subparagraph 7,a7 shall identify programs1 policies1 planning and public participation processes1 rulemaking1 agency spending1 and enforcement activities relating to human health or the environment that may be revised1 at a minimum-- 7,i7 to promote enforcement of all health1 environmental1 and civil rights laws and regulations in areas containing populations of color1 communities of color1 indigenous communities1 and low-income communities2 7,,ii7 to ensure greater public participation2 7,,iii7 to provide increased access to infrastructure2 7,,iv7 to improve research and data collection relating to the health and environment of populations of color1 communities of color1 indigenous communities1 and low-income communities1 including through the increased use of community-based science2 and 7,v7 to identify differential patterns of use of natural resources among populations of color1 communities of color1 indigenous communities1 and low-income communities4 7ii7 ,timetables ,each strategy implemented and updated pursuant to subparagraph 7,a7 shall include a timetable for undertaking revisions identified pursuant to clause 7i74 7,c7 ,progress reports ,not later than #a year after the date of enactment of this ,act1 and not less frequently than once every #e years thereafter1 each ,federal agency shall submit to ,congress and the ,working ,group1 and shall publish1 a progress report that includes1 with respect to the period covered by the report-- 7i7 a description of the current environmental justice strategy of the ,federal agency2 7ii7 an evaluation of the progress made by the ,federal agency at national and regional levels regarding implementation of the environmental justice strategy1 including-- 7,i7 metrics used by the ,federal agency to measure performance2 and 7,,ii7 the progress made by the ,federal agency toward-- 7aa7 the achievement of the metrics described in subclause 7,i72 and 7bb7 mitigating identified instances of environmental injustice2 7iii7 a description of the participation by the ,federal agency in interagency collaboration2 7iv7 responses to recommendations submitted by members of the public to the ,federal agency relating to the environmental justice strategy of the ,federal agency and the implementation by the ,federal agency of this subtitle2 and 7v7 any updates or revisions to the environmental justice strategy of the ,federal agency1 including those resulting from public comments4 7#d7 ,public participation ,each ,federal agency shall-- 7,a7 ensure that meaningful opportunities exist for the public to submit comments and recommendations relating to the environmental justice strategy1 progress reports1 and ongoing efforts of the ,federal agency to incorporate environmental justice principles into the programs1 policies1 and activities of the ,federal agency2 7,b7 hold public meetings or otherwise solicit public participation and community-based science from populations of color1 communities of color1 indigenous communities1 and low-income communities for fact-finding1 receiving public comments1 and conducting inquiries concerning environmental justice2 and 7,c7 prepare for public review and publish a summary of the comments and recommendations provided4 7#e7 ,access to information ,each ,federal agency shall-- 7,a7 publish public documents1 notices1 and hearings relating to the programs1 policies1 and activities of the ,federal agency that affect human health or the environment2 and 7,b7 translate and publish any public documents1 notices1 and hearings relating to an action of the ,federal agency as appropriate for the affected population1 specifically in any case in which a limited ,english-speaking population may be disproportionately affected by that action4 7#f7 ,codification of guidance 7,a7 ,council on ,environmental ,quality ,notwithstanding any other provision of law1 sections ,,ii and ,,iii of the guidance issued by the ,council on ,environmental ,quality entitled ,environmental ,justice ,guidance ,under the ,national ,environmental ,policy ,act and dated ,december #aj1 #aiig1 are enacted into law4 7,b7 ,environmental ,protection ,agency ,notwithstanding any other provision of law1 the guidance issued by the ,environmental ,protection ,agency entitled ,,epa ,policy on ,consultation and ,coordination with ,indian ,tribes3 ,guidance for ,discussing ,tribal ,treaty ,rights and dated ,february #bjaf is enacted into law4 7b7 ,human health and environmental research1 data collection1 and analysis 7#a7 ,research ,each ,federal agency1 to the maximum extent practicable and permitted by applicable law1 shall-- 7,a7 in conducting environmental or human health research1 include diverse segments of the population in epidemiological and clinical studies1 including segments at high risk from environmental hazards1 such as-- 7i7 populations of color1 communities of color1 indigenous communities1 populations with low income1 and low-income communities2 7ii7 fenceline communities2 and 7iii7 workers who may be exposed to substantial environmental hazards2 7,b7 in conducting environmental or human health analyses1 identify multiple and cumulative exposures2 and 7,c7 actively encourage and solicit community-based science1 and provide to populations of color1 communities of color1 indigenous communities1 populations with low income1 and low-income communities the opportunity to comment regarding the development and design of research strategies carried out pursuant to this subtitle4 7#b7 ,disproportionate impact ,to the maximum extent practicable and permitted by applicable law 7including section #eeb;a of title #e1 ,united ,states ,code 7commonly known as the ,privacy ,act771 each ,federal agency shall-- 7,a7 collect1 maintain1 and analyze information assessing and comparing environmental and human health risks borne by populations identified by race1 national origin1 or income2 and 7,b7 use that information to determine whether the programs1 policies1 and activities of the ,federal agency have disproportionally high and adverse human health or environmental effects on populations of color1 communities of color1 indigenous communities1 and low-income communities4 7#c7 ,information relating to non-,federal facilities ,in connection with the implementation of ,federal agency strategies under subsection 7a77#c71 each ,federal agency1 to the maximum extent practicable and permitted by applicable law1 shall collect1 maintain1 and analyze information relating to the race1 national origin1 and income level1 and other readily accessible and appropriate information1 for fenceline communities in proximity to any facility or site expected to have a substantial environmental1 human health1 or economic effect on the surrounding populations1 if the facility or site becomes the subject of a substantial ,federal environmental administrative or judicial action4 7#d7 ,impact from ,federal facilities ,each ,federal agency1 to the maximum extent practicable and permitted by applicable law1 shall collect1 maintain1 and analyze information relating to the race1 national origin1 and income level1 and other readily accessible and appropriate information1 for fenceline communities in proximity to any facility of the ,federal agency that is-- 7,a7 subject to the reporting requirements under the ,emergency ,planning and ,community ,right-to-,know ,act of #aihf 7#db ,u4,s4,c4 #aajja et seq471 as required by ,executive ,order #abhih 7#db ,u4,s4,c4 #dcba note72 and 7,b7 expected to have a substantial environmental1 human health1 or economic effect on surrounding populations4 7c7 ,consumption of fish and wildlife 7#a7 ,in general ,each ,federal agency shall develop1 publish 7unless prohibited by law71 and revise1 as practicable and appropriate1 guidance on actions of the ,federal agency that will impact fish and wildlife consumed by populations that principally rely on fish or wildlife for subsistence4 7#b7 ,requirement ,the guidance described in paragraph 7#a7 shall-- 7,a7 reflect the latest scientific information available concerning methods for evaluating the human health risks associated with the consumption of pollutant-bearing fish or wildlife2 and 7,b7 publish the risks of such consumption patterns4 7d7 ,mapping and screening tool ,the ,administrator shall continue to make available to the public an environmental justice mapping and screening tool 7such as ,e,j,screen or an equivalent tool7 that includes1 at a minimum1 the following features3 7#a7 ,nationally consistent data4 7#b7 ,environmental data4 7#c7 ,demographic data1 including data relating to race1 ethnicity1 and income4 7#d7 ,capacity to produce maps and reports by geographical area4 7e7 ,judicial review and rights of action ,any person may commence a civil action-- 7#a7 to seek relief from1 or to compel1 an agency action under this section 7including regulations promulgated pursuant to this section72 or 7#b7 otherwise to ensure compliance with this section 7including regulations promulgated pursuant to this section74 7f7 ,information sharing ,in carrying out this section1 each ,federal agency1 to the maximum extent practicable and permitted by applicable law1 shall share information and eliminate unnecessary duplication of efforts through the use of existing data systems and cooperative agreements among ,federal agencies and with ,state1 local1 and ,tribal governments4 #bjijf4 ,national ,environmental ,justice ,advisory ,council 7a7 ,establishment ,the establishment by the ,administrator on ,september #cj1 #aiic1 by charter pursuant to the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 of the ,national ,environmental ,justice ,advisory ,council 7referred to in this section as the ,advisory ,council7 is enacted into law4 7b7 ,duties ,the ,advisory ,council may carry out such duties as were carried out by the ,advisory ,council on the day before the date of enactment of this ,act1 subject to modification by the ,administrator1 by regulation4 7c7 ,membership ,the membership of the ,advisory ,council shall-- 7#a7 be determined and appointed in accordance with1 as applicable-- 7,a7 the charter described in subsection 7a7 7or any subsequent amendment or revision of that charter72 or 7,b7 other appropriate bylaws or documents of the ,advisory ,council1 as determined by the ,administrator2 and 7#b7 continue in effect as in existence on the day before the date of enactment of this ,act until modified in accordance with paragraph 7#a74 7d7 ,designated ,federal officer ,the ,director of the ,office of ,environmental ,justice of the ,environmental ,protection ,agency is designated as the ,federal officer required under section #aj7;e7 of the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 for the ,advisory ,council4 7e7 ,meetings 7#a7 ,in general ,the ,advisory ,council shall meet not less frequently than #c times each calendar year4 7#b7 ,open to public ,each meeting of the ,advisory ,council shall be held open to the public4 7#c7 ,designated ,federal officer ,the designated ,federal officer described in subsection 7d7 7or a designee7 shall-- 7,a7 be present at each meeting of the ,advisory ,council2 7,b7 ensure that each meeting is conducted in accordance with an agenda approved in advance by the designated ,federal officer2 7,c7 provide an opportunity for interested persons-- 7i7 to file comments before or after each meeting of the ,advisory ,council2 or 7ii7 to make statements at such a meeting1 to the extent that time permits2 7,d7 ensure that a representative of the ,working ,group and a high-level representative from each regional office of the ,environmental ,protection ,agency are invited to1 and encouraged to attend1 each meeting of the ,advisory ,council2 and 7,e7 provide technical assistance to ,states seeking to establish ,state-level environmental justice advisory councils or implement other environmental justice policies or programs4 7f7 ,responses from ,administrator 7#a7 ,public comment inquiries ,the ,administrator shall provide a written response to each inquiry submitted to the ,administrator by a member of the public before or after each meeting of the ,advisory ,council by not later than #abj days after the date of submission4 7#b7 ,recommendations from ,advisory ,council ,the ,administrator shall provide a written response to each recommendation submitted to the ,administrator by the ,advisory ,council by not later than #abj days after the date of submission4 7g7 ,travel expenses ,a member of the ,advisory ,council may be allowed travel expenses1 including per diem in lieu of subsistence1 at such rate as the ,administrator determines to be appropriate while away from the home or regular place of business of the member in the performance of the duties of the ,advisory ,council4 7h7 ,duration ,the ,advisory ,council shall remain in existence unless otherwise provided by law4 #bjijg4 ,environmental justice grant programs 7a7 ,in general ,the ,administrator shall continue to carry out the ,environmental ,justice ,small ,grants ,program and the ,environmental ,justice ,collaborative ,problem-,solving ,cooperative ,agreement ,program1 as those programs are in existence on the date of enactment of this ,act4 7b7 ,,care grants ,the ,administrator shall continue to carry out the ,community ,action for a ,renewed ,environment grant programs ,i and ,,ii1 as in existence on ,january #a1 #bjab4 7c7 ,authorization of appropriations ,there is authorized to be appropriated to carry out the programs described in subsections 7a7 and 7b7 #aj1jjj1jjj for each of fiscal years #bjbj through #bjbi4 #bjijh4 ,consideration of cumulative impacts and persistent violations in certain permitting decisions 7a7 ,federal ,water ,pollution ,control ,act ,section #djb of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdb7 is amended-- 7#a7 by striking the section designation and heading and all that follows through ,except as in subsection 7a77#a7 and inserting the following3 #djb4 ,national pollutant discharge elimination system 7a7 ,permits issued by ,administrator 7#a7 ,in general ,except as 2 7#b7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 by striking upon condition that such discharge will meet either 7,a7 all and inserting the following3 subject to the conditions that-- 7,a7 the discharge will achieve compliance with1 as applicable-- 7i7 all 2 7ii7 by striking #djc of this ,act1 or 7,b7 prior and inserting the following3 #djc2 or 7ii7 prior 2 and 7iii7 by striking this ,act4 and inserting the following3 this ,act2 and 7,b7 with respect to the issuance or renewal of the permit-- 7i7 based on an analysis by the ,administrator of existing water quality and the potential cumulative impacts 7as defined in section #eja of the ,clean ,air ,act 7#db ,u4,s4,c4 #gffa77 of the discharge1 considered in conjunction with the designated and actual uses of the impacted navigable water1 there exists a reasonable certainty of no harm to the health of the general population1 or to any potentially exposed or susceptible subpopulation2 or 7ii7 if the ,administrator determines that1 due to those potential cumulative impacts1 there does not exist a reasonable certainty of no harm to the health of the general population1 or to any potentially exposed or susceptible subpopulation1 the permit or renewal includes such terms and conditions as the ,administrator determines to be necessary to ensure a reasonable certainty of no harm4 2 and 7,b7 in paragraph 7#b71 by striking assure compliance with the requirements of paragraph 7#a7 of this subsection1 including conditions on data and information collection1 reporting1 and such other requirements as he deems appropriate4 and inserting the following3 ensure compliance with the requirements of paragraph 7#a71 including-- 7,a7 conditions relating to-- 7i7 data and information collection2 7ii7 reporting2 and 7iii7 such other requirements as the ,administrator determines to be appropriate2 and 7,b7 additional controls or pollution prevention requirements4 2 and 7#c7 in subsection 7b7-- 7,a7 in each of paragraphs 7#a77;,d71 7#b77;,b71 and 7#c7 through 7#g71 by striking the semicolon at the end and inserting a period2 7,b7 in paragraph 7#h71 by striking 2 and at the end and inserting a period2 and 7,c7 by adding at the end the following3 7#aj7 ,to ensure that no permit will be issued or renewed if1 with respect to an application for the permit1 the ,state determines1 based on an analysis by the ,state of existing water quality and the potential cumulative impacts 7as defined in section #eja of the ,clean ,air ,act 7#db ,u4,s4,c4 #gffa77 of the discharge1 considered in conjunction with the designated and actual uses of the impacted navigable water1 that the terms and conditions of the permit or renewal would not be sufficient to ensure a reasonable certainty of no harm to the health of the general population1 or to any potentially exposed or susceptible subpopulation4 4 7b7 ,clean ,air ,act 7#a7 ,definitions ,section #eja of the ,clean ,air ,act 7#db ,u4,s4,c4 #gffa7 is amended-- 7,a7 in the matter preceding paragraph 7#a71 by striking ,as used in this title-- and inserting ,in this title32 7,b7 by redesignating paragraphs 7#b71 7#c71 and 7#d7 as paragraphs 7#c71 7#e71 and 7#d71 respectively1 and moving the paragraphs so as to appear in numerical order2 and 7,c7 by inserting after paragraph 7#a7 the following3 7#b7 ,cumulative impacts ,the term cumulative impacts means any exposure1 public health or environmental risk1 or other effect occurring in a specific geographical area1 including from an emission or release-- 7,a7 including-- 7i7 environmental pollution released-- 7,i7 7aa7 routinely2 7bb7 accidentally2 or 7cc7 otherwise2 and 7,,ii7 from any source1 whether single or multiple2 and 7ii7 as assessed based on the combined past1 present1 and reasonably foreseeable emissions and discharges affecting the geographical area2 and 7,b7 evaluated taking into account sensitive populations and socioeconomic factors1 where applicable4 4 7#b7 ,permit programs ,section #ejb7;b7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gffa;a7b77 is amended-- 7,a7 in paragraph 7#e7-- 7i7 in subparagraphs 7,a7 and 7,c71 by striking assure each place it appears and inserting ensure2 and 7ii7 by striking subparagraph 7,f7 and inserting the following3 7,f7 ensure that no permit will be issued or renewed1 as applicable1 if-- 7i7 with respect to an application for a permit or renewal of a permit for a major source1 the permitting authority determines under paragraph 7#i77;,a77i77,,ii77bb7 that the terms and conditions of the permit or renewal would not be sufficient to ensure a reasonable certainty of no harm to the health of the general population1 or to any potentially exposed or susceptible subpopulation1 of the applicable census tracts or ,tribal census tracts 7as those terms are defined by the ,director of the ,bureau of the ,census72 or 7ii7 the ,administrator objects to the issuance of the permit in a timely manner under this title4 2 and 7,b7 in paragraph 7#i7-- 7i7 in the fourth sentence1 by striking ,such permit revision and inserting the following3 7iii7 ,treatment as renewal ,a permit revision under this paragraph 2 7ii7 in the third sentence1 by striking ,no such revision shall and inserting the following3 7ii7 ,exception ,a revision under this paragraph shall not 2 7iii7 in the second sentence1 by striking ,such revisions and inserting the following3 7,b7 ,revision requirements 7i7 ,deadline ,a revision described in subparagraph 7,a77ii7 2 and 7iv7 by striking the paragraph designation and all that follows through shall require in the first sentence and inserting the following3 7#i7 ,major sources 7,a7 ,in general ,with respect to any permit or renewal of a permit1 as applicable1 for a major source1 a requirement that the permitting authority shall-- 7i7 in determining whether to issue or renew the permit-- 7,i7 evaluate the potential cumulative impacts of the proposed major source1 as described in the applicable cumulative impacts analysis submitted under section #ejc7;b77#c72 7,,ii7 if1 due to those potential cumulative impacts1 the permitting authority cannot determine that there exists a reasonable certainty of no harm to the health of the general population1 or to any potentially exposed or susceptible subpopulation1 of any census tracts or ,tribal census tracts 7as those terms are defined by the ,director of the ,bureau of the ,census7 located in1 or immediately adjacent to1 the area in which the major source is1 or is proposed to be1 located-- 7aa7 include in the permit or renewal such terms and conditions 7including additional controls or pollution prevention requirements7 as the permitting authority determines to be necessary to ensure a reasonable certainty of no harm2 or 7bb7 if the permitting authority determines that terms and conditions described in item 7aa7 would not be sufficient to ensure a reasonable certainty of no harm1 deny the issuance or renewal of the permit2 7,,iii7 determine whether the applicant is a persistent violator1 based on such criteria relating to the history of compliance by an applicant with this ,act as the ,administrator shall establish by not later than #ahj days after the date of enactment of the ,environmental ,justice ,act of #bjai2 7,,iv7 if the permitting authority determines under subclause 7,,iii7 that the applicant is a persistent violator and the permitting authority does not deny the issuance or renewal of the permit pursuant to subclause 7,v77bb7-- 7aa7 require the applicant to submit a redemption plan that describes-- 7,,aa7 if the applicant is not compliance with this ,act1 measures the applicant will carry out to achieve that compliance1 together with an approximate deadline for that achievement2 7,,bb7 measures the applicant will carry out1 or has carried out to ensure the applicant will remain in compliance with this ,act1 and to mitigate the environmental and health effects of noncompliance2 and 7,,cc7 the measures the applicant has carried out in preparing the redemption plan to consult or negotiate with the communities affected by each persistent violation addressed in the plan2 and 7bb7 once such a redemption plan is submitted1 determine whether the plan is adequate to ensuring that the applicant-- 7,,aa7 will achieve compliance with this ,act expeditiously2 7,,bb7 will remain in compliance with this ,act2 7,,cc7 will mitigate the environmental and health effects of noncompliance2 and 7,,dd7 has solicited and responded to community input regarding the redemption plan2 and 7,v7 deny the issuance or renewal of the permit if the permitting authority determines that-- 7aa7 the redemption plan submitted under subclause 7,,iv77aa7 is inadequate2 or 7bb7 7,,aa7 the applicant has submitted a redemption plan on a prior occasion1 but continues to be a persistent violator2 and 7,,bb7 no indication exists of extremely exigent circumstances excusing the persistent violations2 and 7ii7 in the case of such a permit with a term of #c years or longer1 require in accordance with subparagraph 7,b74 4 7#c7 ,permit applications ,section #ejc7;b7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gffa;b7b77 is amended by adding at the end the following3 7#c7 ,major source analyses ,the regulations required by section #ejb7;b7 shall include a requirement that an applicant for a permit or renewal of a permit for a major source shall submit1 together with the compliance plan required under this subsection1 a cumulative impacts analysis for each census tract or ,tribal census tract 7as those terms are defined by the ,director of the ,bureau of the ,census7 located in1 or immediately adjacent to1 the area in which the major source is1 or is proposed to be1 located that analyzes-- 7,a7 community demographics and locations of community exposure points1 such as schools1 day care centers1 nursing homes1 hospitals1 health clinics1 places of religious worship1 parks1 playgrounds1 and community centers2 7,b7 air quality and the potential effect on that air quality of emissions of air pollutants 7including pollutants listed under section #ajh or #aab7 from the proposed major source1 including in combination with existing sources of pollutants2 7,c7 the potential effects on soil quality and water quality of emissions of lead and other air pollutants that could contaminate soil or water from the proposed major source1 including in combination with existing sources of pollutants2 and 7,d7 public health and any potential effects on public health of the proposed major source4 4 #bjiji4 ,implied rights of action and common law claims ,section #eje of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acfe7 is amended by adding at the end the following3 7i7 ,effect on implied rights of action and common law claims 7#a7 ,definition of covered ,act ,in this subsection3 7,a7 ,in general ,the term covered ,act means-- 7i7 this ,act2 7ii7 the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acf et seq472 7iii7 the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abja et seq472 7iv7 the ,marine ,protection1 ,research1 and ,sanctuaries ,act of #aigb 7#cc ,u4,s4,c4 #adja et seq472 7v7 the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq472 7vi7 the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fija et seq472 7vii7 the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq472 7viii7 the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq472 and 7ix7 any other ,act administered by the ,administrator4 7,b7 ,inclusions ,the term covered ,act includes any provision of an ,act described in subparagraph 7,a7 the date of enactment of which is after the date of enactment of this subsection1 unless that provision is specifically excluded from this subsection4 7#b7 ,effect ,nothing in a covered ,act precludes the right to bring an action-- 7,a7 under section #aigi of the ,revised ,statutes 7#db ,u4,s4,c4 #aihc72 or 7,b7 that is implied under-- 7i7 a covered ,act2 or 7ii7 common law4 7#c7 ,application ,nothing in this section precludes the right to bring an action under any provision of law that is not a covered ,act4 4 #bjiaj4 ,private rights of action for discriminatory practices 7a7 ,right of action ,section #fjb of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d-#a7 is amended-- 7#a7 by inserting 7a7 before ,each ,federal department and agency which is empowered2 and 7#b7 by adding at the end the following3 7b7 ,any person aggrieved by the failure of a covered entity to comply with this title1 including any regulation promulgated pursuant to this title1 may bring a civil action in any ,federal or ,state court of competent jurisdiction to enforce such person's rights under this title4 4 7b7 ,effective date 7#a7 ,in general ,this section1 including the amendments made by this section1 takes effect on the date of enactment of this ,act4 7#b7 ,application ,this section1 including the amendments made by this section1 applies to all actions or proceedings pending on or after the date of enactment of this ,act4 #bjiaa4 ,severability ,if any provision of this subtitle1 or the application of such a provision to any person or circumstance1 is determined to be invalid1 the remainder of this subtitle and the application of the provision to other persons or circumstances shall not be affected4 ,i ,strengthening ,health ,care and ,lowering ,prescription ,drug ,costs #bajja4 ,short title ,this subtitle may be cited as the ,strengthening ,health ,care and ,lowering ,prescription ,drug ,costs ,act4 #a ,lowering ,prescription ,drug ,costs ,a ,bringing low-,cost options and competition while keeping incentives for new generics #bajaa4 ,change conditions of first generic exclusivity to spur access and competition ,section #eje7;j77#e77;,b77iv7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cee7;j77#e77;,b77iv77 is amended-- 7#a7 in subclause 7,i71 by striking #ahj days after and all that follows through the period at the end and inserting the following3 #ahj days after the earlier of-- 7aa7 the date of the first commercial marketing of the drug 7including the commercial marketing of the listed drug7 by any first applicant2 or 7bb7 the applicable date specified in subclause 7,,iii74 2 and 7#b7 by adding at the end the following new subclause3 7,,iii7 ,applicable date ,the applicable date specified in this subclause1 with respect to an application for a drug described in subclause 7,i71 is the date on which each of the following conditions is first met3 7aa7 ,the approval of such an application could be made effective1 but for the eligibility of a first applicant for #ahj-;day exclusivity under this clause4 7bb7 ,at least #cj months have passed since the date of submission of an application for the drug by at least one first applicant4 7cc7 ,approval of an application for the drug submitted by at least one first applicant is not precluded under clause 7iii74 7dd7 ,no application for the drug submitted by any first applicant is approved at the time the conditions under items 7aa71 7bb71 and 7cc7 are all met1 regardless of whether such an application is subsequently approved4 4 ,b ,protecting consumer access to generic drugs #bajae4 ,unlawful agreements 7a7 ,agreements prohibited ,subject to subsections 7b7 and 7c71 it shall be unlawful for an ,,nda or ,,bla holder and a subsequent filer 7or for two subsequent filers7 to enter into1 or carry out1 an agreement resolving or settling a covered patent infringement claim on a final or interim basis if under such agreement-- 7#a7 a subsequent filer directly or indirectly receives from such holder 7or in the case of such an agreement between two subsequent filers1 the other subsequent filer7 anything of value1 including a license2 and 7#b7 the subsequent filer agrees to limit or forego research on1 or development1 manufacturing1 marketing1 or sales1 for any period of time1 of the covered product that is the subject of the application described in subparagraph 7,a7 or 7,b7 of subsection 7g77#h74 7b7 ,exclusion ,it shall not be unlawful under subsection 7a7 if a party to an agreement described in such subsection demonstrates by clear and convincing evidence that the value described in subsection 7a77#a7 is compensation solely for other goods or services that the subsequent filer has promised to provide4 7c7 ,limitation ,nothing in this section shall prohibit an agreement resolving or settling a covered patent infringement claim in which the consideration granted by the ,,nda or ,,bla holder to the subsequent filer 7or from one subsequent filer to another7 as part of the resolution or settlement includes only one or more of the following3 7#a7 ,the right to market the covered product that is the subject of the application described in subparagraph 7,a7 or 7,b7 of subsection 7g77#h7 in the ,united ,states before the expiration of-- 7,a7 any patent that is the basis of the covered patent infringement claim2 or 7,b7 any patent right or other statutory exclusivity that would prevent the marketing of such covered product4 7#b7 ,a payment for reasonable litigation expenses not to exceed #g4e million in the aggregate4 7#c7 ,a covenant not to sue on any claim that such covered product infringes a patent4 7d7 ,enforcement by ,federal ,trade ,commission 7#a7 ,general application ,the requirements of this section apply1 according to their terms1 to an ,,nda or ,,bla holder or subsequent filer that is-- 7,a7 a person1 partnership1 or corporation over which the ,commission has authority pursuant to section #e7;a77#b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7;a77#b772 or 7,b7 a person1 partnership1 or corporation over which the ,commission would have authority pursuant to such section but for the fact that such person1 partnership1 or corporation is not organized to carry on business for its own profit or that of its members4 7#b7 ,unfair or deceptive acts or practices enforcement authority 7,a7 ,in general ,a violation of this section shall be treated as an unfair or deceptive act or practice in violation of section #e7;a77#a7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7;a77#a774 7,b7 ,powers of ,commission ,except as provided in subparagraph 7,c7 and paragraphs 7#a77;,b7 and 7#c7-- 7i7 the ,commission shall enforce this section in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of this section2 and 7ii7 any ,,nda or ,,bla holder or subsequent filer that violates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the ,federal ,trade ,commission ,act4 7,c7 ,judicial review ,in the case of a cease and desist order issued by the ,commission under section #e of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7 for violation of this section1 a party to such order may obtain judicial review of such order as provided in such section #e1 except that-- 7i7 such review may only be obtained in-- 7,i7 the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit2 7,,ii7 the ,united ,states ,court of ,appeals for the circuit in which the ultimate parent entity1 as defined in section #hja4a7;a77#c7 of title #af1 ,code of ,federal ,regulations1 or any successor thereto1 of the ,,nda or ,,bla holder 7if any such holder is a party to such order7 is incorporated as of the date that the application described in subparagraph 7,a7 or 7,b7 of subsection 7g77#h7 or an approved application that is deemed to be a license for a biological product under section #cea7k7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bfb7k77 pursuant to section #gjjb7;e77#d7 of the ,biologics ,price ,competition and ,innovation ,act of #bjji 7,public ,law #aaa-adh2 #abd ,stat4 #hag7 is submitted to the ,commissioner of ,food and ,drugs2 or 7,,iii7 the ,united ,states ,court of ,appeals for the circuit in which the ultimate parent entity1 as so defined1 of any subsequent filer that is a party to such order is incorporated as of the date that the application described in subparagraph 7,a7 or 7,b7 of subsection 7g77#h7 is submitted to the ,commissioner of ,food and ,drugs2 and 7ii7 the petition for review shall be filed in the court not later than #cj days after such order is served on the party seeking review4 7#c7 ,additional enforcement authority 7,a7 ,civil penalty ,the ,commission may commence a civil action to recover a civil penalty in a district court of the ,united ,states against any ,,nda or ,,bla holder or subsequent filer that violates this section4 7,b7 ,special rule for recovery of penalty if cease and desist order issued 7i7 ,in general ,if the ,commission has issued a cease and desist order in a proceeding under section #e of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7 for violation of this section-- 7,i7 the ,commission may commence a civil action under subparagraph 7,a7 to recover a civil penalty against any party to such order at any time before the expiration of the #a-year period beginning on the date on which such order becomes final under section #e7;g7 of such ,act 7#ae ,u4,s4,c4 #de7;g772 and 7,,ii7 in such civil action1 the findings of the ,commission as to the material facts in such proceeding shall be conclusive1 unless-- 7aa7 the terms of such order expressly provide that the ,commission's findings shall not be conclusive2 or 7bb7 such order became final by reason of section #e7;g77#a7 of such ,act 7#ae ,u4,s4,c4 #de7;g77#a771 in which case such findings shall be conclusive if supported by evidence4 7ii7 ,relationship to penalty for violation of an order ,the penalty provided in clause 7i7 for violation of this section is separate from and in addition to any penalty that may be incurred for violation of an order of the ,commission under section #e7l7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7l774 7,c7 ,amount of penalty 7i7 ,in general ,the amount of a civil penalty imposed in a civil action under subparagraph 7,a7 on a party to an agreement described in subsection 7a7 shall be sufficient to deter violations of this section1 but in no event greater than-- 7,i7 if such party is the ,,nda or ,,bla holder 7or1 in the case of an agreement between two subsequent filers1 the subsequent filer who gave the value described in subsection 7a77#a771 the greater of-- 7aa7 three times the value received by such ,,nda or ,,bla holder 7or by such subsequent filer7 that is reasonably attributable to the violation of this section2 or 7bb7 three times the value given to the subsequent filer 7or to the other subsequent filer7 reasonably attributable to the violation of this section2 and 7,,ii7 if such party is the subsequent filer 7or1 in the case of an agreement between two subsequent filers1 the subsequent filer who received the value described in subsection 7a77#a771 #c times the value received by such subsequent filer that is reasonably attributable to the violation of this section4 7ii7 ,factors for consideration ,in determining such amount1 the court shall take into account-- 7,i7 the nature1 circumstances1 extent1 and gravity of the violation2 7,,ii7 with respect to the violator1 the degree of culpability1 any history of violations1 the ability to pay1 any effect on the ability to continue doing business1 profits earned by the ,,nda or ,,bla holder 7or1 in the case of an agreement between two subsequent filers1 the subsequent filer who gave the value described in subsection 7a77#a771 compensation received by the subsequent filer 7or1 in the case of an agreement between two subsequent filers1 the subsequent filer who received the value described in subsection 7a77#a771 and the amount of commerce affected2 and 7,,iii7 other matters that justice requires4 7,d7 ,injunctions and other equitable relief ,in a civil action under subparagraph 7,a71 the ,united ,states district courts are empowered to grant mandatory injunctions and such other and further equitable relief as they deem appropriate4 7#d7 ,remedies in addition ,remedies provided in this subsection are in addition to1 and not in lieu of1 any other remedy provided by ,federal law4 7#e7 ,preservation of authority of ,commission ,nothing in this section shall be construed to affect any authority of the ,commission under any other provision of law4 7e7 ,federal ,trade ,commission rulemaking ,the ,commission may1 in its discretion1 by rule promulgated under section #eec of title #e1 ,united ,states ,code1 exempt from this section certain agreements described in subsection 7a7 if the ,commission finds such agreements to be in furtherance of market competition and for the benefit of consumers4 7f7 ,antitrust laws ,nothing in this section shall modify1 impair1 limit1 or supersede the applicability of the antitrust laws as defined in subsection 7a7 of the first section of the ,clayton ,act 7#ae ,u4,s4,c4 #ab7;a771 and of section #e of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7 to the extent that such section #e applies to unfair methods of competition4 ,nothing in this section shall modify1 impair1 limit1 or supersede the right of a subsequent filer to assert claims or counterclaims against any person1 under the antitrust laws or other laws relating to unfair competition4 7g7 ,definitions ,in this section3 7#a7 ,agreement resolving or settling a covered patent infringement claim ,the term agreement resolving or settling a covered patent infringement claim means any agreement that-- 7,a7 resolves or settles a covered patent infringement claim2 or 7,b7 is contingent upon1 provides for a contingent condition for1 or is otherwise related to the resolution or settlement of a covered patent infringement claim4 7#b7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#c7 ,covered patent infringement claim ,the term covered patent infringement claim means an allegation made by the ,,nda or ,,bla holder to a subsequent filer 7or1 in the case of an agreement between two subsequent filers1 by one subsequent filer to another71 whether or not included in a complaint filed with a court of law1 that-- 7,a7 the submission of the application described in subparagraph 7,a7 or 7,b7 of paragraph 7#i71 or the manufacture1 use1 offering for sale1 sale1 or importation into the ,united ,states of a covered product that is the subject of such an application-- 7i7 in the case of an agreement between an ,,nda or ,,bla holder and a subsequent filer1 infringes any patent owned by1 or exclusively licensed to1 the ,,nda or ,,bla holder of the covered product2 or 7ii7 in the case of an agreement between two subsequent filers1 infringes any patent owned by the subsequent filer2 or 7,b7 in the case of an agreement between an ,,nda or ,,bla holder and a subsequent filer1 the covered product to be manufactured under such application uses a covered product as claimed in a published patent application4 7#d7 ,covered product ,the term covered product means a drug 7as defined in section #bja7;g7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba7;g7771 including a biological product 7as defined in section #cea7;i7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bfb7;i774 7#e7 ,,nda or ,,bla holder ,the term ,,nda or ,,bla holder means-- 7,a7 the holder of-- 7i7 an approved new drug application filed under section #eje7;b77#a7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cee7;b77#a77 for a covered product2 or 7ii7 a biologics license application filed under section #cea7;a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bfb7;a77 with respect to a biological product2 7,b7 a person owning or controlling enforcement of the patent on-- 7i7 the list published under section #eje7;j77#g7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cee7;j77#g77 in connection with the application described in subparagraph 7,a77i72 or 7ii7 any list published under section #cea of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bfb7 comprised of patents associated with biologics license applications filed under section #cea7;a7 of such ,act 7#db ,u4,s4,c4 #bfb7;a772 or 7,c7 the predecessors1 subsidiaries1 divisions1 groups1 and affiliates controlled by1 controlling1 or under common control with any entity described in subparagraph 7,a7 or 7,b7 7such control to be presumed by direct or indirect share ownership of #ej percent or greater71 as well as the licensees1 licensors1 successors1 and assigns of each of the entities4 7#f7 ,patent ,the term patent means a patent issued by the ,united ,states ,patent and ,trademark ,office4 7#g7 ,statutory exclusivity ,the term statutory exclusivity means those prohibitions on the submission or approval of drug applications under clauses 7ii7 through 7iv7 of section #eje7;c77#c77;,e7 7#e- and #c-year exclusivity71 clauses 7ii7 through 7iv7 of section #eje7;j77#e77;,f7 7#e-year and #c-year exclusivity71 section #eje7;j77#e77;,b77iv7 7#ahj-;day exclusivity71 section #ebg 7orphan drug exclusivity71 section #eje;,a 7pediatric exclusivity71 or section #eje;,e 7qualified infectious disease product exclusivity7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cee7;c77#c77;,e71 #cee7;j77#e77;,b77iv71 #cee7;j77#e77;,f71 #cfj;cc1 #cee;a1 #cee;f71 or prohibitions on the submission or licensing of biologics license applications under section #cea7k77#f7 7interchangeable biological product exclusivity7 or section #cea7k77#g7 7biological product reference product exclusivity7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bfb7k77#f71 7#g774 7#h7 ,subsequent filer ,the term subsequent filer means-- 7,a7 in the case of a drug1 a party that owns or controls an abbreviated new drug application submitted pursuant to section #eje7;j7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cee7;j77 or a new drug application submitted pursuant to section #eje7;b77#b7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba,u4,s4,c4 #cee7;b77#b77 and filed under section #eje7;b77#a7 of such ,act 7#ba ,u4,s4,c4 #cee7;b77#a77 or has the exclusive rights to distribute the covered product that is the subject of such application2 or 7,b7 in the case of a biological product1 a party that owns or controls an application filed with the ,food and ,drug ,administration under section #cea7k7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bfb7k77 or has the exclusive rights to distribute the biological product that is the subject of such application4 7h7 ,effective date ,this section applies with respect to agreements described in subsection 7a7 entered into on or after the date of the enactment of this ,act4 #bajaf4 ,notice and certification of agreements 7a7 ,notice of all agreements ,section #aaaa7g7 of the ,medicare ,prescription ,drug1 ,improvement1 and ,modernization ,act of #bjjc 7#ba ,u4,s4,c4 #cee note7 is amended by inserting or the owner of a patent for which a claim of infringement could reasonably be asserted against any person for making1 using1 offering to sell1 selling1 or importing into the ,united ,states a biological product that is the subject of a biosimilar biological product application before the period at the end4 7b7 ,certification of agreements ,section #aaab of such ,act 7#ba ,u4,s4,c4 #cee note7 is amended by adding at the end the following3 7d7 ,certification ,the ,chief ,executive ,officer or the company official responsible for negotiating any agreement under subsection 7a7 or 7b7 that is required to be filed under subsection 7c7 shall1 within #cj days of such filing1 execute and file with the ,assistant ,attorney ,general and the ,commission a certification as follows3 ,i declare that the following is true1 correct1 and complete to the best of my knowledge3 ,the materials filed with the ,federal ,trade ,commission and the ,department of ,justice under section #aaab of the ,medicare ,prescription ,drug1 ,improvement1 and ,modernization ,act of #bjjc1 with respect to the agreement referenced in this certification-- 7#a7 represent the complete1 final1 and exclusive agreement between the parties2 7#b7 include any ancillary agreements that are contingent upon1 provide a contingent condition for1 were entered into within #cj days of1 or are otherwise related to1 the referenced agreement2 and 7#c7 include written descriptions of any oral agreements1 representations1 commitments1 or promises between the parties that are responsive to subsection 7a7 or 7b7 of such section #aaab and have not been reduced to writing4 4 4 #bajag4 ,forfeiture of #ahj-;day exclusivity period ,section #eje7;j77#e77;,d77i77,v7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cee7;j77#e77;,d77i77,v77 is amended by inserting section #aaa of the ,strengthening ,health ,care and ,lowering ,prescription ,drug ,costs ,act or after that the agreement has violated4 #bajah4 ,commission litigation authority ,section #af7;a77#b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #ef7;a77#b77 is amended-- 7#a7 in subparagraph 7,d71 by striking or after the semicolon2 7#b7 in subparagraph 7,e71 by inserting or after the semicolon2 and 7#c7 by inserting after subparagraph 7,e7 the following3 7,f7 under section #aaa7;d77#c77;,a7 of the ,strengthening ,health ,care and ,lowering ,prescription ,drug ,costs ,act2 4 #bajai4 ,statute of limitations 7a7 ,in general ,except as provided in subsection 7b71 the ,commission shall commence any administrative proceeding or civil action to enforce section #baaba of this subtitle not later than #f years after the date on which the parties to the agreement file the ,notice of ,agreement as provided by section #aaab7;c77#b7 and 7d7 of the ,medicare ,prescription ,drug1 ,improvement1 and ,modernization ,act of #bjjc 7#ba ,u4,s4,c4 #cee note74 7b7 ,civil action after issuance of cease and desist order ,if the ,commission has issued a cease and desist order under section #e of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7 for violation of section #baaba of this subtitle and the proceeding for the issuance of such order was commenced within the period required by subsection 7a7 of this section1 such subsection does not prohibit the commencement1 after such period1 of a civil action under section #aaa7;d77#c77;,a7 against a party to such order or a civil action under subsection 7l7 of such section #e for violation of such order4 ,c ,creating and restoring equal access to equivalent samples #bajba4 ,actions for delays of generic drugs and biosimilar biological products 7a7 ,definitions ,in this section-- 7#a7 the term commercially reasonable1 market-based terms means-- 7,a7 a nondiscriminatory price for the sale of the covered product at or below1 but not greater than1 the most recent wholesale acquisition cost for the drug1 as defined in section #ahdg;,a7c77#f77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#c;a7c77#f77;,b772 7,b7 a schedule for delivery that results in the transfer of the covered product to the eligible product developer consistent with the timing under subsection 7b77#b77;,a77iv72 and 7,c7 no additional conditions are imposed on the sale of the covered product2 7#b7 the term covered product-- 7,a7 means-- 7i7 any drug approved under subsection 7c7 or 7j7 of section #eje of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cee7 or biological product licensed under subsection 7a7 or 7k7 of section #cea of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bfb72 7ii7 any combination of a drug or biological product described in clause 7i72 or 7iii7 when reasonably necessary to support approval of an application under section #eje of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cee71 or section #cea of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bfb71 as applicable1 or otherwise meet the requirements for approval under either such section1 any product1 including any device1 that is marketed or intended for use with such a drug or biological product2 and 7,b7 does not include any drug or biological product that appears on the drug shortage list in effect under section #ejf;,e of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cef;e71 unless-- 7i7 the drug or biological product has been on the drug shortage list in effect under such section #ejf;,e continuously for more than #f months2 or 7ii7 the ,secretary determines that inclusion of the drug or biological product as a covered product is likely to contribute to alleviating or preventing a shortage4 7#c7 the term device has the meaning given the term in section #bja of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba72 7#d7 the term eligible product developer means a person that seeks to develop a product for approval pursuant to an application for approval under subsection 7b77#b7 or 7j7 of section #eje of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cee7 or for licensing pursuant to an application under section #cea7k7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bfb7k772 7#e7 the term license holder means the holder of an application approved under subsection 7c7 or 7j7 of section #eje of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cee7 or the holder of a license under subsection 7a7 or 7k7 of section #cea of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bfb7 for a covered product2 7#f7 the term ,,rems means a risk evaluation and mitigation strategy under section #eje-a of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cee-a72 7#g7 the term ,,rems with ,,etasu means a ,,rems that contains elements to assure safe use under section #eje-a7;f7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cee-a7;f772 7#h7 the term ,secretary means the ,secretary of ,health and ,human ,services2 7#i7 the term single1 shared system of elements to assure safe use means a single1 shared system of elements to assure safe use under section #eje-a7;f7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cee-a7;f772 and 7#aj7 the term sufficient quantities means an amount of a covered product that the eligible product developer determines allows it to-- 7,a7 conduct testing to support an application under-- 7i7 subsection 7b77#b7 or 7j7 of section #eje of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cee72 or 7ii7 section #cea7k7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bfb7k772 and 7,b7 fulfill any regulatory requirements relating to approval of such an application4 7b7 ,civil action for failure ,to provide sufficient quantities of a covered product 7#a7 ,in general ,an eligible product developer may bring a civil action against the license holder for a covered product seeking relief under this subsection in an appropriate district court of the ,united ,states alleging that the license holder has declined to provide sufficient quantities of the covered product to the eligible product developer on commercially reasonable1 market-based terms4 7#b7 ,elements 7,a7 ,in general ,to prevail in a civil action brought under paragraph 7#a71 an eligible product developer shall prove1 by a preponderance of the evidence-- 7i7 that-- 7,i7 the covered product is not subject to a ,,rems with ,,etasu2 or 7,,ii7 if the covered product is subject to a ,,rems with ,,etasu-- 7aa7 the eligible product developer has obtained a covered product authorization from the ,secretary in accordance with subparagraph 7,b72 and 7bb7 the eligible product developer has provided a copy of the covered product authorization to the license holder2 7ii7 that1 as of the date on which the civil action is filed1 the product developer has not obtained sufficient quantities of the covered product on commercially reasonable1 market-based terms2 7iii7 that the eligible product developer has submitted a written request to purchase sufficient quantities of the covered product to the license holder and such request-- 7,i7 was sent to a named corporate officer of the license holder2 7,,ii7 was made by certified or registered mail with return receipt requested2 7,,iii7 specified an individual as the point of contact for the license holder to direct communications related to the sale of the covered product to the eligible product developer and a means for electronic and written communications with that individual2 and 7,,iv7 specified an address to which the covered product was to be shipped upon reaching an agreement to transfer the covered product2 and 7iv7 that the license holder has not delivered to the eligible product developer sufficient quantities of the covered product on commercially reasonable1 market-based terms-- 7,i7 for a covered product that is not subject to a ,,rems with ,,etasu1 by the date that is #ca days after the date on which the license holder received the request for the covered product2 and 7,,ii7 for a covered product that is subject to a ,,rems with ,,etasu1 by #ca days after the later of-- 7aa7 the date on which the license holder received the request for the covered product2 or 7bb7 the date on which the license holder received a copy of the covered product authorization issued by the ,secretary in accordance with subparagraph 7,b74 7,b7 ,authorization for covered product subject to a ,,rems with ,,etasu 7i7 ,request ,an eligible product developer may submit to the ,secretary a written request for the eligible product developer to be authorized to obtain sufficient quantities of an individual covered product subject to a ,,rems with ,,etasu4 7ii7 ,authorization ,not later than #abj days after the date on which a request under clause 7i7 is received1 the ,secretary shall1 by written notice1 authorize the eligible product developer to obtain sufficient quantities of an individual covered product subject to a ,,rems with ,,etasu for purposes of-- 7,i7 development and testing that does not involve human clinical trials1 if the eligible product developer has agreed to comply with any conditions the ,secretary determines necessary2 or 7,,ii7 development and testing that involves human clinical trials1 if the eligible product developer has-- 7aa7 7,,aa7 submitted protocols1 informed consent documents1 and informational materials for testing that include protections that provide safety protections comparable to those provided by the ,,rems for the covered product2 or 7,,bb7 otherwise satisfied the ,secretary that such protections will be provided2 and 7bb7 met any other requirements the ,secretary may establish4 7iii7 ,notice ,a covered product authorization issued under this subparagraph shall state that the provision of the covered product by the license holder under the terms of the authorization will not be a violation of the ,,rems for the covered product4 7#c7 ,affirmative defense ,in a civil action brought under paragraph 7#a71 it shall be an affirmative defense1 on which the defendant has the burden of persuasion by a preponderance of the evidence-- 7,a7 that1 on the date on which the eligible product developer requested to purchase sufficient quantities of the covered product from the license holder-- 7i7 neither the license holder nor any of its agents1 wholesalers1 or distributors was engaged in the manufacturing or commercial marketing of the covered product2 and 7ii7 neither the license holder nor any of its agents1 wholesalers1 or distributors otherwise had access to inventory of the covered product to supply to the eligible product developer on commercially reasonable1 market-based terms2 7,b7 that-- 7i7 the license holder sells the covered product through agents1 distributors1 or wholesalers2 7ii7 the license holder has placed no restrictions1 explicit or implicit1 on its agents1 distributors1 or wholesalers to sell covered products to eligible product developers2 and 7iii7 the covered product can be purchased by the eligible product developer in sufficient quantities on commercially reasonable1 market-based terms from the agents1 distributors1 or wholesalers of the license holder2 or 7,c7 that the license holder made an offer to the individual specified pursuant to paragraph 7#b77;,a77iii77,,iii71 by a means of communication 7electronic1 written1 or both7 specified pursuant to such paragraph1 to sell sufficient quantities of the covered product to the eligible product developer at commercially reasonable market-based terms-- 7i7 for a covered product that is not subject to a ,,rems with ,,etasu1 by the date that is #ad days after the date on which the license holder received the request for the covered product1 and the eligible product developer did not accept such offer by the date that is #g days after the date on which the eligible product developer received such offer from the license holder2 or 7ii7 for a covered product that is subject to a ,,rems with ,,etasu1 by the date that is #bj days after the date on which the license holder received the request for the covered product1 and the eligible product developer did not accept such offer by the date that is #aj days after the date on which the eligible product developer received such offer from the license holder4 7#d7 ,remedies 7,a7 ,in general ,if an eligible product developer prevails in a civil action brought under paragraph 7#a71 the court shall-- 7i7 order the license holder to provide to the eligible product developer without delay sufficient quantities of the covered product on commercially reasonable1 market-based terms2 7ii7 award to the eligible product developer reasonable attorney's fees and costs of the civil action2 and 7iii7 award to the eligible product developer a monetary amount sufficient to deter the license holder from failing to provide eligible product developers with sufficient quantities of a covered product on commercially reasonable1 market-based terms1 if the court finds1 by a preponderance of the evidence-- 7,i7 that the license holder delayed providing sufficient quantities of the covered product to the eligible product developer without a legitimate business justification2 or 7,,ii7 that the license holder failed to comply with an order issued under clause 7i74 7,b7 ,maximum monetary amount ,a monetary amount awarded under subparagraph 7,a77iii7 shall not be greater than the revenue that the license holder earned on the covered product during the period-- 7i7 beginning on-- 7,i7 for a covered product that is not subject to a ,,rems with ,,etasu1 the date that is #ca days after the date on which the license holder received the request2 or 7,,ii7 for a covered product that is subject to a ,,rems with ,,etasu1 the date that is #ca days after the later of-- 7aa7 the date on which the license holder received the request2 or 7bb7 the date on which the license holder received a copy of the covered product authorization issued by the ,secretary in accordance with paragraph 7#b77;,b72 and 7ii7 ending on the date on which the eligible product developer received sufficient quantities of the covered product4 7,c7 ,avoidance of delay ,the court may issue an order under subparagraph 7,a77i7 before conducting further proceedings that may be necessary to determine whether the eligible product developer is entitled to an award under clause 7ii7 or 7iii7 of subparagraph 7,a71 or the amount of any such award4 7c7 ,limitation of liability ,a license holder for a covered product shall not be liable for any claim under ,federal1 ,state1 or local law arising out of the failure of an eligible product developer to follow adequate safeguards to assure safe use of the covered product during development or testing activities described in this section1 including transportation1 handling1 use1 or disposal of the covered product by the eligible product developer4 7d7 ,no violation of ,,rems ,section #eje-a of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cee-a7 is amended by adding at the end the following new subsection3 7l7 ,provision of samples not a violation of strategy ,the provision of samples of a covered product to an eligible product developer 7as those terms are defined in section #baac7;a7 of the ,strengthening ,health ,care and ,lowering ,prescription ,drug ,costs ,act7 shall not be considered a violation of the requirements of any risk evaluation and mitigation strategy that may be in place under this section for such drug4 4 7e7 ,rule of construction 7#a7 ,definition ,in this subsection1 the term antitrust laws-- 7,a7 has the meaning given the term in subsection 7a7 of the first section of the ,clayton ,act 7#ae ,u4,s4,c4 #ab72 and 7,b7 includes section #e of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7 to the extent that such section applies to unfair methods of competition4 7#b7 ,antitrust laws ,nothing in this section shall be construed to limit the operation of any provision of the antitrust laws4 #bajbb4 ,,rems approval process for subsequent filers ,section #eje-a of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cee-a71 as amended by section #baaca1 is further amended-- 7#a7 in subsection 7g77#d77;,b7-- 7,a7 in clause 7i7 by striking or after the semicolon2 7,b7 in clause 7ii7 by striking the period at the end and inserting 2 or2 and 7,c7 by adding at the end the following3 7iii7 accommodate different1 comparable aspects of the elements to assure safe use for a drug that is the subject of an application under section #eje7;j71 and the applicable listed drug4 2 7#b7 in subsection 7i77#a71 by striking subparagraph 7,c7 and inserting the following3 7,c7 7i7 ,elements to assure safe use1 if required under subsection 7f7 for the listed drug1 which1 subject to clause 7ii71 for a drug that is the subject of an application under section #eje7;j7 may use-- 7,i7 a single1 shared system with the listed drug under subsection 7f72 or 7,,ii7 a different1 comparable aspect of the elements to assure safe use under subsection 7f74 7ii7 ,the ,secretary may require a drug that is the subject of an application under section #eje7;j7 and the listed drug to use a single1 shared system under subsection 7f71 if the ,secretary determines that no different1 comparable aspect of the elements to assure safe use could satisfy the requirements of subsection 7f74 2 7#c7 in subsection 7i71 by adding at the end the following3 7#c7 ,shared ,,rems ,if the ,secretary approves1 in accordance with paragraph 7#a77;,c77i77,,ii71 a different1 comparable aspect of the elements to assure safe use under subsection 7f7 for a drug that is the subject of an abbreviated new drug application under section #eje7;j71 the ,secretary may require that such different comparable aspect of the elements to assure safe use can be used with respect to any other drug that is the subject of an application under section #eje7;j7 or #eje7;b7 that references the same listed drug4 2 and 7#d7 by adding at the end the following3 7m7 ,separate ,,rems ,when used in this section1 the terms different1 comparable aspect of the elements to assure safe use or different1 comparable approved risk evaluation and mitigation strategies means a risk evaluation and mitigation strategy for a drug that is the subject of an application under section #eje7;j7 that uses different methods or operational means than the strategy required under subsection 7a7 for the applicable listed drug1 or other application under section #eje7;j7 with the same such listed drug1 but achieves the same level of safety as such strategy4 4 #bajbc4 ,rule of construction 7a7 ,in general ,nothing in this subpart1 the amendments made by this subpart1 or in section #eje-a of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cee-a71 shall be construed as-- 7#a7 prohibiting a license holder from providing an eligible product developer access to a covered product in the absence of an authorization under this subpart2 or 7#b7 in any way negating the applicability of a ,,rems with ,,etasu1 as otherwise required under such section #eje-a1 with respect to such covered product4 7b7 ,definitions ,in this section1 the terms covered product1 eligible product developer1 license holder1 and ,,rems with ,,etasu have the meanings given such terms in section #baac7;a74 ,d ,study on role of ,federal assistance in drug development #bajbe4 ,study on role of ,federal assistance in drug development 7a7 ,in general ,not later than #b years after the date of the enactment of this ,act1 the ,secretary of the ,health and ,human ,services shall enter into a contract with the ,national ,academy of ,medicine to conduct a study on1 and submit to ,congress a report on1 the following3 7#a7 ,the percentage of drugs developed in the ,united ,states using at least some amount of ,federal funding from any ,federal source4 7#b7 ,the average cost incurred by a drug developer to develop a drug4 7#c7 ,the average amount of revenue and profits made by drug developers from the sales of drugs4 7#d7 ,the percentage of such revenue and profits that are reinvested into research and development of new drugs4 7#e7 ,the appropriate percentage1 if any1 of such revenue and profits the ,secretary1 in consultation with the ,national ,academy of ,medicine1 recommends should be returned to ,federal entities for ,federal funding used in the development of the drugs involved4 7b7 ,enforcement ,a drug developer shall1 as a condition of receipt of any ,federal funding for the development of drugs1 comply with any request for the data necessary to perform the study under subsection 7a74 7c7 ,confidentiality ,this section does not authorize the disclosure of any trade secret1 confidential commercial or financial information1 or other matter listed in section #eeb7;b7 of title #e1 ,united ,states ,code4 7d7 ,definitions ,in this section3 7#a7 ,the term drug has the meaning given such term in section #bja of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba74 7#b7 ,the term drug developer means an entity that submitted1 and received approval of1 an application under section #eje of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cee7 or section #cea of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bfb74 ,e ,pharmacy ,school ,outreach #bajca4 ,pharmacy school outreach ,the ,secretary of ,health and ,human ,services and the ,secretary of ,education shall make every effort necessary to ensure appropriate outreach to institutions of higher education to ensure that students and faculty at schools of pharmacy are provided with materials regarding generic drugs and biosimilar biological products1 including materials on-- 7#a7 how generic drugs and biosimilar biological products are equivalent or similar to brand-name drugs2 7#b7 the approval process at the ,food and ,drug ,administration for generic drugs and biosimilar biological products2 7#c7 how to make consumers aware of the availability of generic drugs and biosimilar biological products2 7#d7 requirements for substituting generic drugs and biosimliar biological products in place of corresponding drugs products2 and 7#e7 the impacts of generic drugs and biosimilar biological products on consumer costs4 ,f ,reports #bajce4 ,effects of increases in prescription drug price ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services shall submit a report to the ,congress on the extent to which increases in prescription drug prices may have caused ,medicare beneficiaries to forego recommended treatment1 including failing to fill prescriptions4 #b ,health ,insurance ,market ,stabilization #bajda4 ,preserving ,state option to implement health care marketplaces 7a7 ,in general ,section #acaa of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjca7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#d77;,b71 by striking under this subsection and inserting under this paragraph or paragraph 7#a72 and 7,b7 by adding at the end the following new paragraph3 7#f7 ,additional planning and establishment grants 7,a7 ,in general ,there shall be appropriated to the ,secretary1 out of any moneys in the ,treasury not otherwise appropriated1 #bjj million to award grants to eligible ,states for the uses described in paragraph 7#c74 7,b7 ,duration and renewability ,a grant awarded under subparagraph 7,a7 shall be for a period of #b years and may not be renewed4 7,c7 ,limitation ,a grant may not be awarded under subparagraph 7,a7 after ,december #ca1 #bjbc4 7,d7 ,eligible ,state defined ,for purposes of this paragraph1 the term eligible ,state means a ,state that1 as of the date of the enactment of this paragraph1 is not operating an ,exchange 7other than an ,exchange described in section #aee4bjj7;f7 of title #de1 ,code of ,federal ,regulations74 2 and 7#b7 in subsection 7d77#e77;,a7-- 7,a7 by striking operations4--,in establishing an ,exchange under this section and inserting operations4-- 7i7 ,in general ,in establishing an ,exchange under this section 7other than in establishing an ,exchange pursuant to a grant awarded under subsection 7a77#f77 2 and 7,b7 by adding at the end the following3 7ii7 ,additional planning and establishment grants ,in establishing an ,exchange pursuant to a grant awarded under subsection 7a77#f71 the ,state shall ensure that such ,exchange is self-sustaining beginning on ,january #a1 #bjbe1 including allowing the ,exchange to charge assessments or user fees to participating health insurance issuers1 or to otherwise generate funding1 to support its operations4 4 7b7 ,clarification regarding failure to establish ,exchange or implement requirements ,section #acba7;c7 of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjda7;c77 is amended-- 7#a7 in paragraph 7#a71 by striking ,if and inserting ,subject to paragraph 7#c71 if2 and 7#b7 by adding at the end the following new paragraph3 7#c7 ,clarification ,this subsection shall not apply in the case of a ,state that elects to apply the requirements described in subsection 7a7 and satisfies the requirement described in subsection 7b7 on or after ,january #a1 #bjad4 4 #bajdb4 ,providing for additional requirements with respect to the navigator program 7a7 ,in general ,section #acaa7;i7 of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjca7;i77 is amended-- 7#a7 in paragraph 7#b71 by adding at the end the following new subparagraph3 7,c7 ,selection of recipients ,in the case of an ,exchange established and operated by the ,secretary within a ,state pursuant to section #acba7;c71 in awarding grants under paragraph 7#a71 the ,exchange shall-- 7i7 select entities to receive such grants based on an entity's demonstrated capacity to carry out each of the duties specified in paragraph 7#c72 7ii7 not take into account whether or not the entity has demonstrated how the entity will provide information to individuals relating to group health plans offered by a group or association of employers described in section #beaj4c-e7;b7 of title #bi1 ,code of ,federal ,regulations 7or any successor regulation71 or short-term limited duration insurance 7as defined by the ,secretary for purposes of section #bgia7;b77#e7 of the ,public ,health ,service ,act72 and 7iii7 ensure that1 each year1 the ,exchange awards such a grant to-- 7,i7 at least one entity described in this paragraph that is a community and consumer-focused nonprofit group2 and 7,,ii7 at least one entity described in subparagraph 7,b71 which may include another community and consumer-focused nonprofit group in addition to any such group awarded a grant pursuant to subclause 7,i74 ,in awarding such grants1 an ,exchange may consider an entity's record with respect to waste1 fraud1 and abuse for purposes of maintaining the integrity of such ,exchange4 4 7#b7 in paragraph 7#c7-- 7,a7 by amending subparagraph 7,c7 to read as follows3 7,c7 facilitate enrollment1 including with respect to individuals with limited ,english proficiency and individuals with chronic illnesses1 in qualified health plans1 ,state medicaid plans under title ,,xix of the ,social ,security ,act1 and ,state child health plans under title ,,xxi of such ,act2 2 7,b7 in subparagraph 7,d71 by striking and at the end2 7,c7 in subparagraph 7,e71 by striking the period at the end and inserting a semicolon2 7,d7 by inserting after subparagraph 7,e7 the following3 7,f7 conduct public education activities in plain language to raise awareness of the requirements of and the protections provided under-- 7i7 the essential health benefits package 7as defined in section #acjb7;a772 and 7ii7 section #bgbf of the ,public ,health ,service ,act 7relating to parity in mental health and substance use disorder benefits72 and 2 7,e7 by inserting after subparagraph 7,f7 7as added by subparagraph 7,d77 the following new subparagraph3 7,g7 provide referrals to community-based organizations that address social needs related to health outcomes4 2 and 7,f7 by adding at the end the following flush left sentence3 ,the duties specified in the preceding sentences may be carried out by such a navigator at any time during a year4 2 7#c7 in paragraph 7#d77;,a7-- 7,a7 in the matter preceding clause 7i71 by striking not2 7,b7 in clause 7i7-- 7i7 by inserting not before be2 and 7ii7 by striking 2 or and inserting a semicolon2 7,c7 in clause 7ii7-- 7i7 by inserting not before receive2 and 7ii7 by striking the period and inserting a semicolon2 and 7,d7 by adding at the end the following new clauses3 7iii7 maintain physical presence in the ,state of the ,exchange so as to allow in-person assistance to consumers2 7iv7 receive training on how to assist individuals with enrolling for medical assistance under ,state plans under the ,medicaid program under title ,,xix of the ,social ,security ,act or for child health assistance under ,state child health plans under title ,,xxi of such ,act2 and 7v7 receive opioid specific education and training that ensures the navigator can best educate individuals on qualified health plans offered through an ,exchange1 specifically coverage under such plans for opioid health care treatment4 2 and 7#d7 in paragraph 7#f7-- 7,a7 by striking ,funding4--,grants under and inserting ,funding4-- 7,a7 ,state ,exchanges ,subject to subparagraph 7,c71 grants under 2 and 7,b7 by adding at the end the following new subparagraphs3 7,b7 ,federal ,exchanges ,for purposes of carrying out this subsection1 with respect to an ,exchange established and operated by the ,secretary within a ,state pursuant to section #acba7;c71 the ,secretary shall obligate #ajj million out of amounts collected through the user fees on participating health insurance issuers pursuant to section #aef4ej of title #de1 ,code of ,federal ,regulations 7or any successor regulations7 for fiscal year #bjbb and each subsequent fiscal year4 ,such amount for a fiscal year shall remain available until expended4 7,c7 ,state ,exchanges ,for the purposes of carrying out this subsection1 with respect to an ,exchange operated by a ,state pursuant to this section1 there is authorized to be appropriated #be million for fiscal year #bjbb and each subsequent fiscal year4 ,each ,state receiving a grant pursuant to this subparagraph shall receive a grant in an amount that is not less than #a million4 4 7b7 ,study on effects of funding cuts ,not later than #a year after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall study the effects of funding cuts made for plan year #bjbj with respect to the navigator program 7as described in section #acaa7;i7 of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjca7;i777 and other education and outreach activities carried out with respect to ,exchanges established by the ,secretary of ,health and ,human ,services pursuant to section #acba7;c7 of such ,act4 ,such study shall describe the following3 7#a7 ,how such funding cuts negatively impacted the ability of entities under such program to conduct outreach activities and fulfill duties required under such section #acaa7;i74 7#b7 ,the overall effect on-- 7,a7 the number of individuals enrolled in health insurance coverage offered in the individual market for plan year #bjba2 and 7,b7 the costs of health insurance coverage offered in the individual market4 7c7 ,promote transparency and accountability in the administration's expenditures of exchange user fees ,for plan year #bjba and each subsequent plan year1 not later than the date that is #c months after the end of such plan year1 the ,secretary of ,health and ,human ,services shall submit to the appropriate committees of ,congress and make available to the public an annual report on the expenditures by the ,department of ,health and ,human ,services of user fees collected pursuant to section #aef4ej of title #de1 ,code of ,federal ,regulations 7or any successor regulations74 ,each such report for a plan year shall include a detailed accounting of the amount of such user fees collected during such plan year and of the amount of such expenditures used during such plan year for the federally facilitated ,exchange operated pursuant to section #acba7;c7 of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjda7;c77 on outreach and enrollment activities1 navigators1 maintenance of ,healthcare4gov1 and operation of call centers4 7d7 ,effective date ,the amendments made by this section shall apply with respect to plan years beginning on or after ,january #a1 #bjba4 #bajdc4 ,federal ,exchange outreach and educational activities and annual enrollment targets 7a7 ,in general ,section #acba7;c7 of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjda7;c771 as amended by section #baaga7;b77#b71 is further amended by adding at the end the following new paragraphs3 7#d7 ,outreach and educational activities 7,a7 ,in general ,in the case of an ,exchange established or operated by the ,secretary within a ,state pursuant to this subsection1 the ,secretary shall carry out outreach and educational activities for purposes of informing individuals about qualified health plans offered through the ,exchange1 including by informing such individuals of the availability of coverage under such plans and financial assistance for coverage under such plans4 ,such outreach and educational activities shall be provided in a manner that is culturally and linguistically appropriate to the needs of the populations being served by the ,exchange 7including hard-to-reach populations1 such as racial and sexual minorities1 limited ,english proficient populations1 individuals residing in areas where the unemployment rates exceeds the national average unemployment rate1 individuals in rural areas1 veterans1 and young adults7 and shall be provided to populations residing in high health disparity areas 7as defined in subparagraph 7,e77 served by the ,exchange1 in addition to other populations served by the ,exchange4 7,b7 ,limitation on use of funds ,no funds appropriated under this paragraph shall be used for expenditures for promoting non-,,aca compliant health insurance coverage4 7,c7 ,non-aca compliant health insurance coverage ,for purposes of subparagraph 7,b73 7i7 ,the term non-,,aca compliant health insurance coverage means health insurance coverage1 or a group health plan1 that is not a qualified health plan4 7ii7 ,such term includes the following3 7,i7 ,an association health plan4 7,,ii7 ,short-term limited duration insurance4 7,d7 ,funding ,out of any funds in the ,treasury not otherwise appropriated1 there are hereby appropriated for fiscal year #bjbb and each subsequent fiscal year1 #ajj million to carry out this paragraph4 ,funds appropriated under this subparagraph shall remain available until expended4 7,e7 ,high health disparity area defined ,for purposes of subparagraph 7,a71 the term high health disparity area means a contiguous geographic area that-- 7i7 is located in one census tract or ,,zip code2 7ii7 has measurable and documented racial1 ethnic1 or geographic health disparities2 7iii7 has a low-income population1 as demonstrated by-- 7,i7 average income below #ach percent of the ,federal poverty line2 or 7,,ii7 a rate of participation in the special supplemental nutrition program under section #ag of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aghf7 that is higher than the national average rate of participation in such program2 7iv7 has poor health outcomes1 as demonstrated by-- 7,i7 lower life expectancy than the national average2 or 7,,ii7 a higher percentage of instances of low birth weight than the national average2 and 7v7 is part of a ,metropolitan ,statistical ,area identified by the ,office of ,management and ,budget4 7#e7 ,annual enrollment targets ,for plan year #bjba and each subsequent plan year1 in the case of an ,exchange established or operated by the ,secretary within a ,state pursuant to this subsection1 the ,secretary shall establish annual enrollment targets for such ,exchange for such year4 4 7b7 ,study and report ,not later than #cj days after the date of the enactment of this ,act1 the ,secretary of ,health and ,human ,services shall release to ,congress all aggregated documents relating to studies and data sets that were created on or after ,january #a1 #bjad1 and related to marketing and outreach with respect to qualified health plans offered through ,exchanges under title ,i of the ,patient ,protection and ,affordable ,care ,act4 #bajdd4 ,short-term limited duration insurance rule prohibition 7a7 ,findings ,congress finds the following3 7#a7 ,on ,august #c1 #bjah1 the ,administration issued a final rule entitled ,short-,term1 ,limited-,duration ,insurance 7#hc ,fed4 ,reg4 #chbab74 7#b7 ,the final rule dramatically expands the sale and marketing of insurance that-- 7,a7 may discriminate against individuals living with preexisting health conditions1 including children with complex medical needs and disabilities and their families2 7,b7 lacks important financial protections provided by the ,patient ,protection and ,affordable ,care ,act 7,public ,law #aaa-adh71 including the prohibition of annual and lifetime coverage limits and annual out-of-pocket limits1 that may increase the cost of treatment and cause financial hardship to those requiring medical care1 including children with complex medical needs and disabilities and their families2 and 7,c7 excludes coverage of essential health benefits including hospitalization1 prescription drugs1 and other lifesaving care4 7#c7 ,the implementation and enforcement of the final rule weakens critical protections for up to #acj million ,americans living with preexisting health conditions and may place a large financial burden on those who enroll in short-term limited-duration insurance1 which jeopardizes ,americans' access to quality1 affordable health insurance4 7b7 ,prohibition ,the ,secretary of ,health and ,human ,services1 the ,secretary of the ,treasury1 and the ,secretary of ,labor may not take any action to implement1 enforce1 or otherwise give effect to the rule entitled ,short-,term1 ,limited ,duration ,insurance 7#hc ,fed4 ,reg4 #chbab 7,august #c1 #bjah771 and the ,secretaries may not promulgate any substantially similar rule4 #bajde4 ,protection of health insurance coverage in certain ,exchanges ,in the case of an ,exchange that the ,secretary of ,health and ,human ,services operates pursuant to section #acba7;c77#a7 of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjda7;c77#a771 the ,secretary may not implement any process that would terminate the health insurance coverage of an enrollee solely because such enrollee did not actively enroll during the most recent open enrollment period4 #bajdf4 ,sense of ,congress relating to the practice of silver loading ,it is the sense of ,congress that the ,secretary of ,health and ,human ,services should not take any action to prohibit or otherwise restrict the practice commonly known as silver loading 7as described in the rule entitled ,patient ,protection and ,affordable ,care ,act2 ,,hhs ,notice of ,benefit and ,payment ,parameters for #bjba published on ,april #be1 #bjai 7#hd ,fed4 ,reg4 #agecc774 #bajdg4 ,consumer outreach1 education1 and assistance 7a7 ,open enrollment reports ,for plan year #bjba and each subsequent year1 the ,secretary of ,health and ,human ,services 7referred to in this section as the ,secretary71 in coordination with the ,secretary of the ,treasury and the ,secretary of ,labor1 shall issue biweekly public reports during the annual open enrollment period on the performance of the ,federal ,exchange4 ,each such report shall include a summary1 including information on a ,state-by-,state basis where available1 of-- 7#a7 the number of unique website visits2 7#b7 the number of individuals who create an account2 7#c7 the number of calls to the call center2 7#d7 the average wait time for callers contacting the call center2 7#e7 the number of individuals who enroll in a qualified health plan2 and 7#f7 the percentage of individuals who enroll in a qualified health plan through each of-- 7,a7 the website2 7,b7 the call center2 7,c7 navigators2 7,d7 agents and brokers2 7,e7 the enrollment assistant program2 7,f7 directly from issuers or web brokers2 and 7,g7 other means4 7b7 ,open ,enrollment ,after ,action ,report ,for plan year #bjba and each subsequent year1 the ,secretary1 in coordination with the ,secretary of the ,treasury and the ,secretary of ,labor1 shall publish an after action report not later than #c months after the completion of the annual open enrollment period regarding the performance of the ,federal ,exchange for the applicable plan year4 ,each such report shall include a summary1 including information on a ,state-by-,state basis where available1 of-- 7#a7 the open enrollment data reported under subsection 7a7 for the entirety of the enrollment period2 and 7#b7 activities related to patient navigators described in section #acaa7;i7 of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjca7;i771 including-- 7,a7 the performance objectives established by the ,secretary for such patient navigators2 7,b7 the number of consumers enrolled by such a patient navigator2 7,c7 an assessment of how such patient navigators have met established performance metrics1 including a detailed list of all patient navigators1 funding received by patient navigators1 and whether established performance objectives of patient navigators were met2 and 7,d7 with respect to the performance objectives described in subparagraph 7,a7-- 7i7 whether such objectives assess the full scope of patient navigator responsibilities1 including general education1 plan selection1 and determination of eligibility for tax credits1 cost-sharing reductions1 or other coverage2 7ii7 how the ,secretary worked with patient navigators to establish such objectives2 and 7iii7 how the ,secretary adjusted such objectives for case complexity and other contextual factors4 7c7 ,report on advertising and consumer outreach ,not later than #c months after the completion of the annual open enrollment period for the #bjba plan year1 the ,secretary shall issue a report on advertising and outreach to consumers for the open enrollment period for the #bjba plan year4 ,such report shall include a description of-- 7#a7 the division of spending on individual advertising platforms1 including television and radio advertisements and digital media1 to raise consumer awareness of open enrollment2 7#b7 the division of spending on individual outreach platforms1 including email and text messages1 to raise consumer awareness of open enrollment2 and 7#c7 whether the ,secretary conducted targeted outreach to specific demographic groups and geographic areas4 #bajdh4 ,,gao report ,not later than #a year after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a study that analyzes the costs and benefits of the establishment of ,state-administered health insurance plans to be offered in the insurance market of such ,states that choose to administer and offer such a plan4 #bajdi4 ,report on the effects of website maintenance during open enrollment ,not later than #a year after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report examining whether the ,department of ,health and ,human ,services has been conducting maintenance on the website commonly referred to as ,healthcare4gov during annual open enrollment periods 7as described in section #acaa7;c77#f77;,b7 of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjca7;c77#f77;,b77 in such a manner so as to minimize any disruption to the use of such website resulting from such maintenance4 #c ,budgetary ,effects #bajea4 ,determination of budgetary effects ,the budgetary effects of this subtitle1 for the purpose of complying with the ,statutory ,pay-,as-,you-,go ,act of #bjaj1 shall be determined by reference to the latest statement titled ,budgetary ,effects of ,,paygo ,legislation for this subtitle1 submitted for printing in the ,congressional ,record by the ,chairman of the ,house ,budget ,committee1 provided that such statement has been submitted prior to the vote on passage4 ,j ,resident ,physician ,shortage ,reduction #baaja4 ,short title ,this subtitle may be cited as the ,resident ,physician ,shortage ,reduction ,act of #bjbj4 #baajb4 ,distribution of additional residency positions 7a7 ,in general ,section #ahhf7;h7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acieww7h77 is amended-- 7#a7 in paragraph 7#d77;,f77i71 by striking paragraphs 7#g7 and 7#h7 and inserting paragraphs 7#g71 7#h71 and 7#i72 7#b7 in paragraph 7#d77;,h77i71 by striking paragraphs 7#g7 and 7#h7 and inserting paragraphs 7#g71 7#h71 and 7#i72 7#c7 in paragraph 7#g77;,e71 by inserting paragraph 7#i71 after paragraph 7#h712 and 7#d7 by adding at the end the following new paragraph3 7#i7 ,distribution of additional residency positions 7,a7 ,additional residency positions 7i7 ,in general ,for each of fiscal years #bjbb through #bjbf 7and succeeding fiscal years if the ,secretary determines that there are additional residency positions available to distribute under clause 7iv77,,ii771 the ,secretary shall1 subject to clause 7ii7 and subparagraph 7,d71 increase the otherwise applicable resident limit for each qualifying hospital that submits a timely application under this subparagraph by such number as the ,secretary may approve for portions of cost reporting periods occurring on or after ,july #a of the fiscal year of the increase4 7ii7 ,number available for distribution ,for each such fiscal year1 the ,secretary shall determine the total number of additional residency positions available for distribution under clause 7i7 in accordance with the following3 7,i7 ,allocation to hospitals already operating over resident limit ,one-third of such number shall be available for distribution only to hospitals described in subparagraph 7,b74 7,,ii7 ,aggregate limitation ,except as provided in clause 7iv77,i71 the aggregate number of increases in the otherwise applicable resident limit under this subparagraph shall be equal to #c1jjj in each such year4 7iii7 ,process for distributing positions 7,i7 ,rounds of applications ,the ,secretary shall initiate #e separate rounds of applications for an increase under clause 7i71 #a round with respect to each of #bjbb through #bjbf4 7,,ii7 ,number available ,in each of such rounds1 the aggregate number of positions available for distribution in the fiscal year under clause 7ii7 shall be distributed1 plus any additional positions available under clause 7iv74 7,,iii7 ,timing ,the ,secretary shall notify hospitals of the number of positions distributed to the hospital under this paragraph as a result of an increase in the otherwise applicable resident limit by ,january #a of the fiscal year of the increase4 ,such increase shall be effective for portions of cost reporting periods beginning on or after ,july #a of that fiscal year4 7iv7 ,positions not distributed during the fiscal year 7,i7 ,in general ,if the number of resident full-time equivalent positions distributed under this paragraph in a fiscal year is less than the aggregate number of positions available for distribution in the fiscal year 7as described in clause 7ii71 including after application of this subclause71 the difference between such number distributed and such number available for distribution shall be added to the aggregate number of positions available for distribution in the following fiscal year4 7,,ii7 ,exception if positions not distributed by end of fiscal year #bjbf ,if the aggregate number of positions distributed under this paragraph during the #e-year period of fiscal years #bjbb through #bjbf is less than #ae1jjj1 the ,secretary shall1 in accordance with the provisions of clause 7ii7 and subparagraph 7,d7 and the considerations and priority described in subparagraph 7,c71 conduct an application and distribution process in each subsequent fiscal year until such time as the aggregate amount of positions distributed under this paragraph is equal to #ae1jjj4 7,b7 ,allocation of distribution for positions to hospitals already operating over resident limit 7i7 ,in general ,subject to clauses 7ii7 and 7iii71 in the case of a hospital in which the reference resident level of the hospital 7as specified in subparagraph 7,g77iii77 is greater than the otherwise applicable resident limit1 the increase in the otherwise applicable resident limit under subparagraph 7,a7 for a fiscal year described in such subparagraph shall be an amount equal to the product of the total number of additional residency positions available for distribution under subparagraph 7,a77ii77,i7 for such fiscal year and the quotient of-- 7,i7 the number of resident positions by which the reference resident level of the hospital exceeds the otherwise applicable resident limit for the hospital2 and 7,,ii7 the number of resident positions by which the reference resident level of all such hospitals with respect to which an application is approved under this paragraph exceeds the otherwise applicable resident limit for such hospitals4 7ii7 ,requirements ,a hospital described in clause 7i7-- 7,i7 is not eligible for an increase in the otherwise applicable resident limit under this subparagraph unless the amount by which the reference resident level of the hospital exceeds the otherwise applicable resident limit is not less than #aj and the hospital trains at least #be percent of the full-time equivalent residents of the hospital in primary care and general surgery 7as of the date of enactment of this paragraph72 and 7,,ii7 shall continue to train at least #be percent of the full-time equivalent residents of the hospital in primary care and general surgery for the #e-year period beginning on such date4 ,in the case where the ,secretary determines that a hospital described in clause 7i7 no longer meets the requirement of subclause 7,,ii71 the ,secretary may reduce the otherwise applicable resident limit of the hospital by the amount by which such limit was increased under this subparagraph4 7iii7 ,clarification regarding eligibility for other additional residency positions ,nothing in this subparagraph shall be construed as preventing a hospital described in clause 7i7 from applying for and receiving additional residency positions under this paragraph that are not reserved for distribution under this subparagraph4 7,c7 ,distribution of other positions ,for purposes of determining an increase in the otherwise applicable resident limit under subparagraph 7,a7 7other than such an increase described in subparagraph 7,b771 the following shall apply3 7i7 ,considerations in distribution ,in determining for which hospitals such an increase is provided under subparagraph 7,a71 the ,secretary shall take into account the demonstrated likelihood of the hospital filling the positions made available under this paragraph within the first #e cost reporting periods beginning after the date the increase would be effective1 as determined by the ,secretary4 7ii7 ,priority for certain hospitals ,subject to clause 7iii71 in determining for which hospitals such an increase is provided1 the ,secretary shall distribute the increase in the following priority order3 7,i7 ,first1 to hospitals in ,states with-- 7aa7 new medical schools that received ,candidate ,school status from the ,liaison ,committee on ,medical ,education or that received ,pre-,accreditation status from the ,american ,osteopathic ,association ,commission on ,osteopathic ,college ,accreditation on or after ,january #a1 #bjjj1 and that have achieved or continue to progress toward ,full ,accreditation status 7as such term is defined by the ,liaison ,committee on ,medical ,education7 or toward ,accreditation status 7as such term is defined by the ,american ,osteopathic ,association ,commission on ,osteopathic ,college ,accreditation72 or 7bb7 additional locations and branch campuses established on or after ,january #a1 #bjjj1 by medical schools with ,full ,accreditation status 7as such term is defined by the ,liaison ,committee on ,medical ,education7 or ,accreditation status 7as such term is defined by the ,american ,osteopathic ,association ,commission on ,osteopathic ,college ,accreditation74 7,,ii7 ,second1 to hospitals with which the ,secretary cooperates under section #gcjb7;d7 of title #ch1 ,united ,states ,code4 7,,iii7 ,third1 to hospitals that emphasize training in community-based settings or in hospital outpatient departments4 7,,iv7 ,fourth1 to hospitals that are not located in a rural area and operate an approved medical residency training program 7or rural track7 in a rural area or an approved medical residency training program with an integrated rural track4 7,v7 ,fifth1 to all other hospitals4 7iii7 ,distribution to hospitals in higher priority group prior to distribution in lower priority groups ,the ,secretary may only distribute such an increase to a lower priority group under clause 7ii7 if all qualifying hospitals in the higher priority group or groups have received the maximum number of increases under such subparagraph that the hospital is eligible for under this paragraph for the fiscal year4 7iv7 ,requirements for use of additional positions 7,i7 ,in general ,subject to subclause 7,,ii71 a hospital that receives such an increase shall ensure1 during the #e-year period beginning on the effective date of such increase1 that-- 7aa7 not less than #ej percent of the positions attributable to such increase that are used in a given year during such #e-year period are used to train full-time equivalent residents in a shortage specialty residency program 7as defined in subparagraph 7,g77iv771 as determined by the ,secretary at the end of such #e-year period2 7bb7 the total number of full-time equivalent residents1 excluding any additional positions attributable to such increase1 is not less than the average number of full-time equivalent residents during the #c most recent cost reporting periods ending on or before the effective date of such increase2 and 7cc7 the ratio of full-time equivalent residents in a shortage specialty residency program 7as so defined7 is not less than the average ratio of full-time equivalent residents in such a program during the #c most recent cost reporting periods ending on or before the effective date of such increase4 7,,ii7 ,redistribution of positions if hospital no longer meets certain requirements ,with respect to each fiscal year described in subparagraph 7,a71 the ,secretary shall determine whether or not a hospital described in subclause 7,i7 meets the requirements of such subclause4 ,in the case that the ,secretary determines that such a hospital does not meet such requirements1 the ,secretary shall-- 7aa7 reduce the otherwise applicable resident limit of the hospital by the amount by which such limit was increased under this paragraph2 and 7bb7 provide for the distribution of positions attributable to such reduction in accordance with the requirements of this paragraph4 7,d7 ,limitation ,a hospital may not receive more than #ge full-time equivalent additional residency positions under this paragraph for any fiscal year4 7,e7 ,application of per resident amounts for primary care and nonprimary care ,with respect to additional residency positions in a hospital attributable to the increase provided under this paragraph1 the approved ,,fte per resident amounts are deemed to be equal to the hospital per resident amounts for primary care and nonprimary care computed under paragraph 7#b77;,d7 for that hospital4 7,f7 ,permitting facilities to apply aggregation rules ,the ,secretary shall permit hospitals receiving additional residency positions attributable to the increase provided under this paragraph to1 beginning in the fifth year after the effective date of such increase1 apply such positions to the limitation amount under paragraph 7#d77;,f7 that may be aggregated pursuant to paragraph 7#d77;,h7 among members of the same affiliated group4 7,g7 ,definitions ,in this paragraph3 7i7 ,otherwise applicable resident limit ,the term otherwise applicable resident limit means1 with respect to a hospital1 the limit otherwise applicable under subparagraphs 7,f77i7 and 7,h7 of paragraph 7#d7 on the resident level for the hospital determined without regard to this paragraph but taking into account paragraphs 7#g77;,a71 7#g77;,b71 7#h77;,a71 and 7#h77;,b74 7ii7 ,reference resident level ,except as otherwise provided in subclause 7,,ii71 the term reference resident level means1 with respect to a hospital1 the resident level for the most recent cost reporting period of the hospital ending on or before the date of enactment of this paragraph1 for which a cost report has been settled 7or1 if not1 submitted 7subject to audit771 as determined by the ,secretary4 7iii7 ,resident level ,the term resident level has the meaning given such term in paragraph 7#g77;,c77i74 7iv7 ,shortage specialty residency program ,the term shortage specialty residency program means any approved residency training program in a specialty identified in the report entitled ,the ,physician ,workforce3 ,projections and ,research into ,current ,issues ,affecting ,supply and ,demand1 issued in ,december #bjjh by the ,health ,resources and ,services ,administration1 as a specialty whose baseline physician requirements projections exceed the projected supply of total active physicians for the period of #bjje through #bjba4 4 7b7 ,,ime ,section #ahhf7;d77#e77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acieww7d77#e77;,b77 is amended-- 7#a7 in clause 7v71 in the third sentence1 by striking subsections 7h77#g7 and 7h77#h7 and inserting subsections 7h77#g71 7h77#h71 and 7h77#i72 7#b7 by redesignating clause 7x71 as added by section #eeje7;b7 of the ,patient ,protection and ,affordable ,care ,act 7,public ,law #aaa-adh71 as clause 7xi7 and moving such clause #d ems to the left2 and 7#c7 by adding after clause 7xi71 as redesignated by subparagraph 7,a71 the following new clause3 7xii7 ,for discharges occurring on or after ,july #a1 #bjba1 insofar as an additional payment amount under this subparagraph is attributable to resident positions distributed to a hospital under subsection 7h77#i71 the indirect teaching adjustment factor shall be computed in the same manner as provided under clause 7ii7 with respect to such resident positions4 4 #baajc4 ,study and report on strategies for increasing diversity 7a7 ,study ,the ,comptroller ,general of the ,united ,states 7in this section referred to as the ,comptroller ,general7 shall conduct a study on strategies for increasing the diversity of the health professional workforce4 ,such study shall include an analysis of strategies for increasing the number of health professionals from rural1 lower income1 and underrepresented minority communities1 including which strategies are most effective for achieving such goal4 7b7 ,report ,not later than #b years after the date of enactment of this ,act1 the ,comptroller ,general shall submit to ,congress a report on the study conducted under subsection 7a71 together with recommendations for such legislation and administrative action as the ,comptroller ,general determines appropriate4 ,k ,direct ,medicare ,payment for ,services ,furnished ,by ,physician ,assistants #babja4 ,direct ,medicare payment for services furnished by physician assistants 7a7 ,in general ,section #ahcb7;a77#b77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciek7a77#b77;,b77 is amended by adding at the end the following new clause3 7v7 services of a physician assistant but only if no facility or other provider charges or is paid any amounts with respect to the furnishing of such services2 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall apply with respect to services furnished on or after ,july #a1 #bjba4 ,l ,incentivizing ,medicaid ,expansion #bacja4 ,short title ,this subtitle may be cited as the ,incentivizing ,medicaid ,expansion ,act of #bjbj4 #bacjb4 ,increased ,,fmap for medical assistance to newly eligible individuals 7a7 ,in general ,section #aije7y77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7y77#a77 is amended-- 7#a7 in subparagraph 7,a71 by striking #bjad1 #bjae1 and #bjaf and inserting each of the first #c consecutive #ab-month periods in which the ,state provides medical assistance to newly eligible individuals2 7#b7 in subparagraph 7,b71 by striking #bjag and inserting the fourth consecutive #ab-month period in which the ,state provides medical assistance to newly eligible individuals2 7#c7 in subparagraph 7,c71 by striking #bjah and inserting the fifth consecutive #ab-month period in which the ,state provides medical assistance to newly eligible individuals2 7#d7 in subparagraph 7,d71 by striking #bjai and inserting the sixth consecutive #ab-month period in which the ,state provides medical assistance to newly eligible individuals2 and 7#e7 in subparagraph 7,e71 by striking #bjbj and each year thereafter and inserting the seventh consecutive #ab-month period in which the ,state provides medical assistance to newly eligible individuals and each such period thereafter4 7b7 ,effective date ,the amendments made by subsection 7a7 shall take effect as if included in the enactment of the ,patient ,protection and ,affordable ,care ,act4 ,m ,medicaid ,expansion ,parity #badja4 ,short title ,this subtitle may be cited as the ,medicaid ,expansion ,parity ,act of #bjbj4 #badjb4 ,parity in the timing of the application of higher ,medicaid ,federal matching rates for ,,aca newly eligible individuals 7a7 ,in general ,section #aije7y77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7y77#a77 is amended-- 7#a7 in subparagraph 7,a71 by striking for calendar quarters in #bjad1 #bjae1 and #bjaf and inserting for calendar quarters in the #ab-;calendar-quarter period beginning with the first calendar quarter in which the ,state provides medical assistance to newly eligible individuals2 7#b7 in subparagraph 7,b71 by striking for calendar quarters in #bjag and inserting for the next #d calendar quarters for such ,state2 7#c7 in subparagraph 7,c71 by striking for calendar quarters in #bjah and inserting for the next #d calendar quarters for such ,state2 7#d7 in subparagraph 7,d71 by striking for calendar quarters in #bjai and inserting for the next #d calendar quarters for such ,state2 and 7#e7 in subparagraph 7,e71 by striking for calendar quarters in #bjbj and each year thereafter and inserting for each succeeding calendar quarter for such ,state4 7b7 ,effective date ,the amendments made by subsection 7a7 shall take effect as if included in the enactment of the ,patient ,protection and ,affordable ,care ,act4 ,n ,equality in ,medicare and ,medicaid ,treatment #baeja4 ,short title ,this subtitle may be cited as the ,equality in ,medicare and ,medicaid ,treatment ,act of #bjbj4 #baejb4 ,improving access to care for ,medicare and ,medicaid beneficiaries ,section #aaae;,a of the ,social ,security ,act 7#db ,u4,s4,c4 #acae;a7 is amended-- 7#a7 in subsection 7a77#c7-- 7,a7 by inserting 1 the causes of health disparities and social determinants of health1 after medicine2 and 7,b7 by inserting 1 the ,office of ,minority ,health of the ,centers for ,medicare ,medicaid ,services1 the ,office of ,rural ,health ,policy1 and the ,office on ,women's ,health2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#b7-- 7i7 in subparagraph 7,a7-- 7,i7 by inserting after the first sentence1 the following new sentence3 ,prior to model selection1 the ,secretary shall consult with the ,office of ,minority ,health of the ,centers for ,medicare ,medicaid ,services1 the ,federal ,office of ,rural ,health ,policy1 and the ,office on ,women's ,health to ensure that models under consideration address health disparities and social determinants of health as appropriate for populations to be cared for under the model42 7,,ii7 by inserting 1 as well as improving access to care received by individuals receiving benefits under such title1 after title2 and 7,,iii7 by adding at the end the following new sentence3 ,the models selected under this subparagraph shall include the social determinants of health payment model described in subparagraph 7,d71 the testing of which shall begin not later than ,december #ca1 #bjba42 7ii7 in subparagraph 7,c71 by adding at the end the following new clauses3 7ix7 ,whether the model will affect access to care from providers and suppliers caring for high risk patients or operating in underserved areas4 7x7 ,whether the model has the potential to produce reductions in minority and rural health disparities4 2 and 7iii7 by adding at the end the following new subparagraph3 7,d7 ,social determinants of health payment model 7i7 ,in general ,the social determinants of health payment model described in this subparagraph is a payment model that tests each of the payment and service delivery innovations described in clause 7ii7 in a region determined appropriate by the ,secretary4 7ii7 ,payment and service delivery innovations described ,for purposes of clause 7i71 the payment and service delivery innovations described in this clause are the following3 7,i7 ,payment and service delivery innovations for behavioral health services1 focusing on gathering actionable data to address the higher costs associated with beneficiaries with diagnosed behavioral conditions4 7,,ii7 ,payment and service delivery innovations targeting conditions or comorbidities of individuals entitled or enrolled under the ,medicare program under title ,,xviii and enrolled under a ,state plan under the ,medicaid program under title ,,xix to increase capacity in underserved areas4 7,,iii7 ,payment and service delivery innovations targeted on ,medicaid-eligible pregnant and postpartum women1 up to one year after delivery4 2 and 7,b7 in paragraph 7#d77;,a7-- 7i7 in clause 7i7 at the end1 by striking and2 7ii7 in clause 7ii71 at the end1 by striking the period and inserting 2 and2 and 7iii7 by adding at the end the following new clause3 7iii7 the extent to which the model improves access to care or the extent to which the model improves care for high risk patients1 patients from racial or ethnic minorities1 or patients in underserved areas4 2 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#b71 by striking at the end and2 7,b7 by redesignating paragraph 7#c7 as paragraph 7#d72 7,c7 by inserting after paragraph 7#b7 the following new paragraph3 7#c7 the ,office of ,minority ,health of the ,centers for ,medicare ,medicaid ,services certifies that such expansion will not reduce access to care for low-income1 minority1 or rural beneficiaries2 and 2 7,d7 in paragraph 7#d71 as redesignated by subparagraph 7,b71 by inserting before the period at the end the following3 nor increase health disparities experienced by low-income1 minority1 or rural beneficiaries2 and 7,e7 in the matter following paragraph 7#d71 as redesignated by subparagraph 7,b71 by inserting 1 improve access to care1 after care2 and 7#d7 in subsection 7g7-- 7,a7 by inserting 7or1 beginning with #bjbb1 once every year thereafter7 after thereafter2 and 7,b7 by adding at the end the following new sentence3 ,for reports for #bjbb and each subsequent year1 each such report shall include information on the following3 7#a7 ,the extent and severity of minority and rural health disparities in ,medicare and ,medicaid beneficiaries4 7#b7 ,the interventions that address social determinants of health in payment models selected by the ,center for ,medicare and ,medicaid ,innovation for testing4 7#c7 ,the interventions that address social determinants of health in payment models not selected by the ,center for ,medicare and ,medicaid ,innovation for testing4 7#d7 ,the effectiveness of interventions in mitigating negative health outcomes and higher costs associated with social determinants of health within models selected by the ,center for ,medicare and ,medicaid ,innovation for testing4 7#e7 ,changes in disparities among minorities and ,medicare and ,medicaid beneficiaries in underserved areas that are attributable to provider and supplier participation in a ,phase ,,ii model4 7#f7 ,in consultation with the ,comptroller ,general of the ,united ,states1 estimated ,federal savings achieved through the reduction of rural and minority health disparities4 7#g7 ,other areas determined appropriate by the ,secretary4 4 ,o ,increasing ,access to ,quality ,cardiac ,rehabilitation ,care #bafja4 ,short title ,this subtitle may be cited as the ,increasing ,access to ,quality ,cardiac ,rehabilitation ,care ,act of #bjbj4 #bafjb4 ,expanding access to cardiac rehabilitation programs and pulmonary rehabilitation programs under ,medicare program 7a7 ,cardiac rehabilitation programs ,section #ahfa7;eee7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciex7eee77 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 in subparagraph 7,a77i71 by striking a physician's office and inserting the office of a physician 7as defined in subsection 7r77#a77 or the office of a physician assistant1 nurse practitioner1 or clinical nurse specialist 7as those terms are defined in subsection 7aa77#e772 and 7,b7 in subparagraph 7,c71 by inserting after physician the following3 7as defined in subsection 7r77#a77 or a physician assistant1 nurse practitioner1 or clinical nurse specialist 7as those terms are defined in subsection 7aa77#e772 7#b7 in paragraph 7#c77;,a71 by striking physician-prescribed exercise and inserting exercise prescribed by a physician 7as defined in subsection 7r77#a77 or a physician assistant1 nurse practitioner1 or clinical nurse specialist 7as those terms are defined in subsection 7aa77#e772 and 7#c7 in paragraph 7#e71 by inserting after physician the following3 7as defined in subsection 7r77#a77 or a physician assistant1 nurse practitioner1 or clinical nurse specialist 7as those terms are defined in subsection 7aa77#e774 7b7 ,pulmonary rehabilitation programs ,section #ahfa7;fff7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciex7fff77 is amended-- 7#a7 in paragraph 7#b77;,a71 by striking physician-prescribed exercise and inserting exercise prescribed by a physician 7as defined in subsection 7r77#a77 or a physician assistant1 nurse practitioner1 or clinical nurse specialist 7as those terms are defined in subsection 7aa77#e772 and 7#b7 in paragraph 7#c71 by inserting after physician the following3 7as defined in subsection 7r77#a77 or a physician assistant1 nurse practitioner1 or clinical nurse specialist 7as those terms are defined in subsection 7aa77#e774 7c7 ,effective date ,the amendments made by this section shall apply with respect to items and services furnished on or after ,january #a1 #bjba4 #bafjc4 ,expediting access to cardiac rehabilitation programs and pulmonary rehabilitation programs under ,medicare program ,section #eajjh7;c7 of the ,bipartisan ,budget ,act of #bjah 7,public ,law #aae-abc2 #db ,u4,s4,c4 #aciex note7 is amended by striking ,january #a1 #bjbd and inserting ,january #a1 #bjba4 ,p ,healthy ,food ,access for ,all ,americans #bagja4 ,short title ,this subtitle may be cited as the ,healthy ,food ,access for ,all ,americans ,act4 #bagjb4 ,tax credit and grant program for ,special ,access ,food ,providers 7a7 ,in general 7#a7 ,allowance of credit ,subpart ,d of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new section3 #de,t4 ,special access food provider credit and grant program 7a7 ,establishment of credit for grocery stores 7#a7 ,in general ,for purposes of section #ch1 the special access food provider credit determined under this section for any taxable year is an amount equal to the lesser of-- 7,a7 the amount of the allocation received by the taxpayer under subsection 7d77#a77;,a71 or 7,b7 the amount equal to-- 7i7 in the case of a qualified grocery store which is placed in service during such taxable year by a taxpayer which has been certified as a special access food provider1 #ae percent of the basis of such grocery store1 including any property used in the operation of such grocery store-- 7,i7 which is acquired by the taxpayer if the original use of such property commences with the taxpayer1 and 7,,ii7 with respect to which depreciation 7or amortization in lieu of depreciation7 is allowable1 or 7ii7 in the case of a qualified renovation area which is placed in service during such taxable year1 #aj percent of the renovation expenditures incurred by a taxpayer which has been certified as a special access food provider4 7#b7 ,renovation expenditures ,for purposes of paragraph 7#a77;,b77ii71 the term renovation expenditures means amounts chargeable to capital account and incurred for property 7or additions or improvements to property7 of a character subject to the allowance for depreciation in connection with the renovation or rehabilitation of a grocery store4 7b7 ,grant program for food banks and temporary access merchants 7#a7 ,in general ,the ,secretary1 in coordination with the ,secretary of ,agriculture1 shall1 subject to the requirements of this section1 provide a grant to any entity which has been certified as a special access food provider in an amount equal to the lesser of-- 7,a7 the amount of the allocation received by the entity under subsection 7d77#a77;,b71 or 7,b7 the amount equal to-- 7i7 in the case of a permanent food bank which has been placed in service during the taxable year by such provider1 #ae percent of any qualified construction expenses incurred by such provider1 and 7ii7 in the case of any provider which qualifies as a temporary access merchant1 #aj percent of any annual operational costs incurred by such provider4 7#b7 ,time for payment of grant ,the ,secretary shall make payment of any grant under paragraph 7#a7 during the #fj-;day period beginning on the later of-- 7,a7 the date of the application for certification as a special access food provider1 or 7,b7 the date-- 7i7 in the case of a permanent food bank1 on which the food bank for which the grant is being made is placed in service1 or 7ii7 in the case of a temporary access merchant1 the end of the taxable year in which the operational costs were incurred4 7#c7 ,grant not considered income for purposes of taxation ,a grant under this subsection shall not be considered as gross income for purposes of this chapter4 7c7 ,certification as a ,special ,access ,food ,provider 7#a7 ,application ,each applicant for certification as a special access food provider shall submit1 for each grocery store1 food bank1 mobile market1 or farmers market1 an application with the ,secretary1 at such time1 in such manner1 and containing such information as the ,secretary may reasonably require4 7#b7 ,certification requirements ,for purposes of certification as a special access food provider1 the ,secretary1 in consultation with the ,secretary of ,agriculture and the applicable regional community development entity1 shall determine whether-- 7,a7 in the case of an applicant seeking to construct1 renovate1 or rehabilitate a grocery store1 whether such store-- 7i7 following completion of such construction1 renovation1 or rehabilitation1 will qualify as a grocery store 7as defined in subsection 7h77#c771 7ii7 is located in a food desert on the date on which construction1 renovation1 or rehabilitation begins1 7iii7 satisfies the eligibility criteria established for projects under the ,healthy ,food ,financing ,initiative established under section #bdc of the ,department of ,agriculture ,reorganization ,act of #aiid 7#g ,u4,s4,c4 #fiec71 and 7iv7 satisfies such other criteria as is determined appropriate by the ,secretary1 in consultation with the ,secretary of ,agriculture1 or 7,b7 in the case of an applicant seeking to operate a permanent food bank or as a temporary access merchant1 whether such applicant-- 7i7 is an entity for which no part of the net earnings of such entity inures to the benefit of any private shareholder or individual1 7ii7 7,i7 in the case of a permanent food bank1 is located in a food desert on the date on which construction of such food bank begins1 or 7,,ii7 in the case of a temporary access merchant-- 7aa7 sells or provides food in any food desert for an average of-- 7,,aa7 in the case of a farmers market1 not less than #aj hours 7during daylight hours7 each week during the calendar year1 or 7,,bb7 in the case of a temporary access merchant which is not a farmers market1 not less than #e days and #ej hours each week during the calendar year1 or 7bb7 satisfies such requirements as are established by the ,secretary of ,agriculture to ensure an adequate level of food distribution within food deserts1 7iii7 satisfies the eligibility criteria described in subparagraph 7,a77iii71 and 7iv7 satisfies such other criteria as is determined appropriate by the ,secretary4 7#c7 ,no additional ,,usda grants for farmers markets ,a farmers market shall not be eligible for certification as a special access food provider during any period in which such farmers market receives funding pursuant to any other grant program administered by the ,department of ,agriculture 7with the exception of grants provided pursuant to the ,food ,insecurity ,nutrition ,incentive under section #ddje of the ,food1 ,conservation1 and ,energy ,act of #bjjh74 7d7 ,allocation of special access food provider credits and grants 7#a7 ,in general ,in each calendar year1 the ,secretary1 in coordination with the ,secretary of ,agriculture1 shall provide allocations to entities which have been certified as special access food providers under subsection 7c7 to receive-- 7,a7 in the case of an entity certified pursuant to subparagraph 7,a7 of subsection 7c77#b71 a special access food provider credit for expenditures related to a qualified grocery store or qualified renovation area1 and 7,b7 in the case of an entity certified pursuant to subparagraph 7,b7 of such subsection1 grants for qualified construction expenses or operational costs incurred by such entity4 7#b7 ,duration of grants to temporary access merchants ,in the case of a special access food provider which qualifies as a temporary access merchant1 the ,secretary shall provide the grant to such provider on an annual basis for a period of not greater than #aj years4 7e7 ,recapture 7#a7 ,in general ,subject to paragraph 7#c71 the ,secretary shall provide for recapturing the benefit of any credit allowable or grant provided under this section with respect to any qualified grocery store1 qualified renovation area1 or permanent food bank which fails to satisfy the requirements under subsection 7c77#b7 during the #e-year period following the date on which such store1 area1 or food bank is placed in service4 7#b7 ,temporary access merchant ,subject to paragraph 7#c71 the ,secretary shall provide for recapturing the benefit of any grant provided under this section with respect to any temporary access merchant which fails to satisfy the requirements under subsection 7c77#b7 for any year during the period described in subsection 7d77#b74 7#c7 ,application ,if1 during any taxable year1 a special access food provider fails to satisfy the requirements under subsection 7c77#b71 the tax under this chapter for such taxable year shall be increased by an amount equal to the appropriate percentage of the credit or grant amount as is determined appropriate by the ,secretary4 7f7 ,basis reduction ,the basis of any qualified grocery store1 any grocery store which includes a qualified renovation area1 or any food bank1 mobile market1 or farmers market shall be reduced by the amount of any credit or grant determined under this section with respect to such property4 7g7 ,regulations ,the ,secretary1 in coordination with the ,secretary of ,agriculture1 shall prescribe such regulations as may be appropriate to carry out this section1 including regulations which-- 7#a7 prevent the abuse of the purposes of this section1 7#b7 impose appropriate reporting requirements1 and 7#c7 ensure that non-metropolitan areas receive a proportional amount of allocations provided under subsection 7d74 7h7 ,definitions ,for purposes of this section3 7#a7 ,food desert 7,a7 ,in general ,the term food desert means any population census tract in which-- 7i7 not less than #ejj people1 or #cc percent of the population of such tract1 reside-- 7,i7 in the case of a tract located within a metropolitan area1 more than #a mile from a grocery store1 or 7,,ii7 in the case of a tract not located within a metropolitan area1 more than #aj miles from a grocery store1 7ii7 the poverty rate for such tract is at least #bj percent1 or 7iii7 7,i7 in the case of a tract not located within a metropolitan area1 the median family income for such tract does not exceed #hj percent of statewide median family income1 or 7,,ii7 in the case of a tract located within a metropolitan area1 the median family income for such tract does not exceed #hj percent of the greater of statewide median family income or the metropolitan area median family income4 7,b7 ,areas not within census tracts ,in the case of an area which is not tracted for population census tracts1 the equivalent county divisions 7as defined by the ,bureau of the ,census7 shall be used for purposes of determinations of food deserts under this paragraph4 7,c7 ,determination of food deserts ,for purposes of determining whether a population census tract qualifies as a food desert for purposes of this section1 the ,secretary shall make such determinations in coordination with the ,secretary of ,agriculture in such manner as is determined appropriate1 including use of the ,food ,access ,research ,atlas established by the ,department of ,agriculture4 7#b7 ,groceries ,the term groceries means-- 7,a7 fresh and frozen produce1 7,b7 fresh and frozen meat and seafood1 7,c7 dairy products1 and 7,d7 deli products1 including sliced meats1 cheeses1 and salads4 7#c7 ,grocery store ,the term grocery store means a retail store for which forecasted sales of groceries account for not less than #ce percent of its total annual sales4 7#d7 ,metropolitan area ,the term metropolitan area has the same meaning given the term metropolitan statistical area under section #adc7k77#b77;,b74 7#e7 ,qualified construction expenses ,the term qualified construction expenses means any costs incurred by the special access food provider before the date on which a permanent food bank is placed in service relating to the planning1 design1 and construction of such food bank4 7#f7 ,qualified grocery store ,the term qualified grocery store means a grocery store which1 on the date on which construction of such store begins1 is located in a food desert4 7#g7 ,qualified renovation area ,the term qualified renovation area means any area of a grocery store in which groceries are sold1 provided that such grocery store1 on the date on which renovation of such area begins1 is located in a food desert4 7#h7 ,regional community development entity 7,a7 ,in general ,the term regional community development entity means any domestic corporation or partnership if-- 7i7 the primary mission of the entity is serving1 or providing investment capital for1 low-income communities or low-income persons1 7ii7 the entity maintains accountability to residents of low-income communities through their representation on any governing board of the entity or on any advisory board to the entity1 and 7iii7 the entity is certified by the ,secretary for purposes of this section as being a regional community development entity4 7,b7 ,local government ,in the case of a grocery store for which there is no entity described in subparagraph 7,a7 within a #ej-mile radius1 the chief executive officer 7or the equivalent7 of the local jurisdiction in which the grocery store will be located may serve as the regional community development entity for purposes of subsection 7c77#b74 7#i7 ,secretary of ,agriculture ,the term ,secretary of ,agriculture means the ,secretary of ,agriculture or the ,secretary's delegate4 7#aj7 ,temporary access merchant ,the term temporary access merchant means a mobile market1 a farmers market1 or a temporary or mobile food bank 7as such terms are defined by the ,secretary1 in coordination with the ,secretary of ,agriculture7-- 7,a7 which is operated by a special access food provider1 and 7,b7 for which the primary purpose is food distribution within food deserts4 4 7b7 ,credit part of general business credit ,section #ch7;b7 of the ,internal ,revenue ,code of #aihf is amended by striking plus at the end of paragraph 7#ce71 by striking the period at the end of paragraph 7#cf7 and inserting 1 plus1 and by adding at the end the following new paragraph3 7#cg7 the special access food provider credit determined under section #de,t7a74 4 7c7 ,clerical amendment ,the table of sections for subpart ,d of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new item3 ,sec4 #de,t4 ,special access food provider credit and grant program4 4 7d7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out the purposes of this section4 7e7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after the date of the enactment of this ,act4 #bagjc4 ,updates to ,food ,access ,research ,atlas ,section #bdc of the ,department of ,agriculture ,reorganization ,act of #aiid 7#g ,u4,s4,c4 #fiec7 is amended-- 7#a7 by redesignating subsection 7d7 as subsection 7e72 and 7#b7 by inserting after subsection 7c7 the following3 7d7 ,food ,access ,research ,atlas ,not less frequently than once each year1 the ,secretary shall update the ,food ,access ,research ,atlas of the ,secretary to account for food retailers that are placed in service during that year4 4 ,q ,territories ,health ,equity #bahja4 ,short title ,this subtitle may be cited as the ,territories ,health ,equity ,act of #bjbj4 #a ,medicaid #bahaa4 ,elimination of general ,medicaid funding limitations 7cap7 for territories 7a7 ,in general ,section #aajh of the ,social ,security ,act 7#db ,u4,s4,c4 #acjh7 is amended-- 7#a7 in subsection 7f71 in the matter preceding paragraph 7#a71 by striking subsection 7g7 and inserting subsections 7g7 and 7h72 7#b7 in subsection 7g77#b71 in the matter preceding subparagraph 7,a71 by inserting subsection 7h7 after subject to2 and 7#c7 by adding at the end the following new subsection3 7h7 ,sunset of ,medicaid funding limitations for ,puerto ,rico1 the ,virgin ,islands1 ,guam1 the ,northern ,mariana ,islands1 and ,american ,samoa ,subsections 7f7 and 7g7 shall not apply to ,puerto ,rico1 the ,virgin ,islands1 ,guam1 the ,northern ,mariana ,islands1 and ,american ,samoa beginning with fiscal year #bjbb4 4 7b7 ,conforming amendments 7#a7 ,section #aijb7;j7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7j77 is amended by striking 1 the limitation in section #aajh7;f714 7#b7 ,section #aijc7u7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;b7u77 is amended by striking paragraph 7#d74 7c7 ,effective date ,the amendments made by this section shall apply beginning with fiscal year #bjbb4 #bahab4 ,elimination of specific ,federal medical assistance percentage 7,,fmap7 limitation for territories ,section #aije7;b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7b77 is amended1 in clause 7#b71 by inserting for fiscal years before fiscal year #bjbb after ,american ,samoa4 #bahac4 ,application of ,medicaid waiver authority to all of the territories 7a7 ,in general ,section #aijb7;j7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7j77 is amended-- 7#a7 by striking ,american ,samoa and the ,northern ,mariana ,islands and inserting ,puerto ,rico1 the ,virgin ,islands1 ,guam1 the ,northern ,mariana ,islands1 and ,american ,samoa2 7#b7 by striking ,american ,samoa or the ,northern ,mariana ,islands and inserting ,puerto ,rico1 the ,virgin ,islands1 ,guam1 the ,northern ,mariana ,islands1 or ,american ,samoa2 7#c7 by inserting 7#a7 before ,notwithstanding2 7#d7 by inserting except as otherwise provided in this subsection1 after ,notwithstanding any other requirement of this title2 and 7#e7 by adding at the end the following3 7#b7 ,the ,secretary may not waive under this subsection the requirement of subsection 7a77#aj77;,a77i77,,ix7 7relating to coverage of adults formerly under foster care7 with respect to any territory4 4 7b7 ,effective date ,the amendments made by this section shall apply beginning ,october #a1 #bjba4 #bahad4 ,permitting ,medicaid ,,dsh allotments for territories ,section #aibc7;f7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifr-#d7;f77 is amended-- 7#a7 in paragraph 7#f71 by adding at the end the following new subparagraph3 7,c7 ,territories 7i7 ,fiscal year #bjbb ,for fiscal year #bjbb1 the ,,dsh allotment for ,puerto ,rico1 the ,virgin ,islands1 ,guam1 the ,northern ,mariana ,islands1 and ,american ,samoa shall bear the same ratio to #cjj1jjj1jjj as the ratio of the number of individuals who are low-income or uninsured and residing in such respective territory 7as estimated from time to time by the ,secretary7 bears to the sums of the number of such individuals residing in all of the territories4 7ii7 ,subsequent fiscal year ,for each subsequent fiscal year1 the ,,dsh allotment for each such territory is subject to an increase in accordance with paragraph 7#c74 2 and 7#b7 in paragraph 7#i71 by inserting before the period at the end the following3 1 and includes1 beginning with fiscal year #bjbb1 ,puerto ,rico1 the ,virgin ,islands1 ,guam1 the ,northern ,mariana ,islands1 and ,american ,samoa4 #b ,medicare ,a ,part ,a #bahba4 ,calculation of ,medicare ,,dsh payments for ,,ipps hospitals in ,puerto ,rico ,section #ahhf7;d77#i77;,d77iii7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acieww7d77#i77;,d77iii77 is amended to read as follows3 7iii7 ,subparagraph 7,f7 7relating to disproportionate share payments71 including application of subsection 7r71 except that for this purpose-- 7,i7 the sum described in clause 7ii7 of this subparagraph shall be substituted for the sum referred to in paragraph 7#e77;,f77ii77,i72 and 7,,ii7 for discharges occurring on or after ,october #a1 #bjba1 subclause 7,i7 of paragraph 7#e77;,f77vi7 shall be applied by substituting for the numerator described in such subclause the number of subsection 7d7 ,puerto ,rico hospital's patient days for the cost reporting period involved which were made up of patients who 7for such days7 were entitled to benefits under part ,a of this title and were-- 7aa7 entitled to supplementary security income benefits 7excluding any ,state supplementation7 under title ,,xvi of this ,act2 7bb7 eligible for medical assistance under a ,state plan under title ,,xix2 or 7cc7 receiving aid or assistance under any plan of the ,state approved under title ,i1 ,x1 ,,xiv1 or ,,xvi4 4 #bahbb4 ,rebasing target amount for hospitals in territories ,section #ahhf7;b77#c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acieww7b77#c77 is amended by adding at the end the following new subparagraph3 7,m7 7i7 ,for each cost reporting period beginning on or after ,october #a1 #bjba1 in the case of a hospital located in a territory of the ,united ,states1 there shall be substituted for the target amount otherwise determined under subparagraph 7,a7 the rebased target amount 7as defined in clause 7ii771 if such substitution results in an amount of payment under this section to the hospital for such period that is greater than the amount of payment that would be made under this section to the hospital for such period if this subparagraph were not to apply4 7ii7 ,for purposes of this subparagraph1 the term rebased target amount has the meaning given the term target amount in subparagraph 7,a71 except that-- 7,i7 there shall be substituted for the preceding #ab-month cost reporting period the #ab-month cost reporting period beginning during fiscal year #bjae 7or1 at the option of the hospital1 beginning during fiscal year #bjbb72 7,,ii7 any reference in subparagraph 7,a77i7 to the first such cost reporting period is deemed a reference to the first cost reporting period following the #ab-month cost reporting period beginning during fiscal year #bjae 7or1 at the option of the hospital1 beginning during fiscal year #bjbb72 and 7,,iii7 the applicable percentage increase shall only be applied under subparagraph 7,b77ii7 for cost reporting periods beginning on or after ,october #a1 #bjbb4 7iii7 ,nothing in this subparagraph shall affect any pending request by a hospital for a new target amount for any cost reporting period beginning during a fiscal year before fiscal year #bjbb4 4 #bahbc4 ,medicare ,,dsh target adjustment for hospitals in territories ,section #ahhf7;b77#c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acieww7b77#c771 as amended by section #baibb1 is further amended by adding at the end the following new subparagraph3 7,n7 7i7 ,for each cost reporting period beginning on or after ,october #a1 #bjba1 in the case of a hospital that is located in a territory of the ,united ,states other than ,puerto ,rico and that would be a subsection 7d7 hospital if it were located in one of the #ej ,states1 the target amount shall be increased by-- 7,i7 in the case that such hospital has a disproportionate patient percentage of not less than #ae percent and not greater than #dj percent1 #aj percent2 and 7,,ii7 in the case that such hospital has a disproportionate patient percentage of greater than #dj percent1 #aj percent plus #fj percent of the number of percentage points by which such hospital's disproportionate patient percentage exceeds #dj percent4 7ii7 ,for purposes of this subparagraph1 the term disproportionate patient percentage has the meaning given such term in subsection 7d77#e77;,f77vi71 except that in applying such meaning any reference under such subsection to individuals entitled to supplementary security income under title ,,xvi shall be deemed for purposes of this subparagraph to include individuals-- 7,i7 eligible for medical assistance under a ,state plan under title ,,xix2 or 7,,ii7 receiving aid or assistance under any plan of the territory approved under title ,i1 ,x1 ,,xiv1 or ,,xvi4 4 ,b ,part ,b #bahbe4 ,application of part ,b deemed enrollment process to residents of ,puerto ,rico2 special enrollment period and limit on late enrollment penalties 7a7 ,application of part ,b deemed enrollment process to residents of ,puerto ,rico ,section #ahcg7;f77#c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciep7f77#c77 is amended by striking 1 exclusive of ,puerto ,rico4 7b7 ,effective date ,the amendment made by subsection 7a7 shall apply to individuals whose initial enrollment period under section #ahcg7;d7 of the ,social ,security ,act begins on or after the first day of the effective month1 specified by the ,secretary of ,health and ,human ,services under section #ahci7;j77#a77;,c7 of such ,act1 as added by subsection 7c77#b74 7c7 ,transition providing special enrollment period and limit on late enrollment penalties for certain ,medicare beneficiaries ,section #ahci of the ,social ,security ,act 7#db ,u4,s4,c4 #acier7 is amended-- 7#a7 in the first sentence of subsection 7b71 by inserting subject to section #ahci7;j77#b71 after subsection 7i77#d7 or 7l7 of section #ahcg12 and 7#b7 by adding at the end the following new subsection3 7j7 ,special rules for certain residents of ,puerto ,rico 7#a7 ,special enrollment period1 coverage period for residents who are eligible but not enrolled 7,a7 ,in general ,in the case of a transition individual 7as defined in paragraph 7#c77 who is not enrolled under this part as of the day before the first day of the effective month 7as defined in subparagraph 7,c771 the ,secretary shall provide for a special enrollment period under section #ahcg of #g months beginning with such effective month during which the individual may be enrolled under this part4 7,b7 ,coverage period ,in the case of such an individual who enrolls during such special enrollment period1 the coverage period under section #ahch shall begin on the first day of the second month after the month in which the individual enrolls4 7,c7 ,effective month defined ,in this section1 the term effective month means a month1 not earlier than ,october #bjba and not later than ,january #bjbb1 specified by the ,secretary4 7#b7 ,reduction in late enrollment penalties for current enrollees and individuals enrolling during transition 7,a7 ,in general ,in the case of a transition individual who is enrolled under this part as of the day before the first day of the effective month or who enrolls under this part on or after the date of the enactment of this subsection but before the end of the special enrollment period under paragraph 7#a77;,a71 the amount of the late enrollment penalty imposed under section #ahci7;b7 shall be recalculated by reducing the penalty to #ae percent of the penalty otherwise established4 7,b7 ,application ,subparagraph 7,a7 shall be applied in the case of a transition individual who-- 7i7 is enrolled under this part as of the month before the effective month1 for premiums for months beginning with such effective month2 or 7ii7 enrolls under this part on or after the date of the enactment of this ,act and before the end of the special enrollment period under paragraph 7#a77;,a71 for premiums for months during the coverage period under this part which occur during or after the effective month4 7,c7 ,loss of reduction if individual terminates enrollment ,subparagraph 7,a7 shall not apply to a transition individual if the individual terminates enrollment under this part after the end of the special enrollment period under paragraph 7#a74 7#c7 ,transition individual defined ,in this section1 the term transition individual means an individual who resides in ,puerto ,rico and who would have been deemed enrolled under this part pursuant to section #ahcg7;f7 before the first day of the effective month but for the fact that the individual was a resident of ,puerto ,rico1 regardless of whether the individual is enrolled under this part as of such first day4 4 ,c ,medicare ,advantage 7,part ,c7 #bahca4 ,adjustment in benchmark for low-base payment counties in ,puerto ,rico ,section #ahec7n7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#bc7n77 is amended-- 7#a7 in paragraph 7#a71 by striking and 7#e7 and inserting 7#e71 and 7#f72 7#b7 in paragraph 7#d71 by striking ,in no case and inserting ,subject to paragraph 7#f71 in no case2 and 7#c7 by adding at the end the following new paragraph3 7#f7 ,special rules for blended benchmark amount for territories 7,a7 ,in general ,subject to paragraph 7#b71 the blended benchmark amount for an area in a territory for a year 7beginning with #bjba7 shall not be less than #hj percent of the national average of the base payment amounts specified in subparagraph 7#b77;,e7 for such year for areas within the #ej ,states and the ,district of ,columbia4 7,b7 ,limitation ,in no case shall the blended benchmark amount for an area in a territory for a year under subparagraph 7,a7 exceed the lowest blended benchmark amount for any area within the #ej ,states and the ,district of ,columbia for such year4 4 ,d ,part ,d #bahcf4 ,improved use of allocated prescription drug funds by territories ,section #aice7;e7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifu-#e7;e77 is amended by adding at the end the following new paragraph3 7#e7 ,improved use of funds for low-income part d eligible individuals ,this subsection shall be applied beginning with fiscal year #bjbb as follows1 notwithstanding any other provision of this title3 7,a7 ,clarifying state flexibility to cover non-dual-eligible individuals ,in this title1 the term medical assistance includes financial assistance furnished by a ,state under this subsection to part ,d eligible individuals who1 if they were residing in one of the #ej ,states or the ,district of ,columbia1 would qualify as subsidy eligible individuals under section #ahfj;,d-#ad7;a77#c71 and without regard to whether such individuals otherwise qualify for medical assistance under this title4 7,b7 #ajj percent fmap to reflect no state matching required for part d low income subsidies ,the ,federal medical assistance percentage applicable to the assistance furnished under this subsection is #ajj percent4 7,c7 ,limited funding for special rules ,subparagraphs 7,a7 and 7,b71 and the provision of medical assistance for covered part ,d drugs to low-income part ,d eligible individuals for a ,state and period under this subsection1 is limited to the amount specified in paragraph 7#c7 for such ,state and period4 4 #bahcg4 ,report on treatment of territories under ,medicare part ,d ,paragraph 7#d7 of section #aice7;e7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifu-#e7;e77 is amended to read as follows3 7#d7 ,report on application of subsection 7,a7 ,in general ,not later than ,february #a1 #bjbb1 the ,secretary shall submit to ,congress a report on the application of this subsection during the period beginning fiscal year #bjjf and ending fiscal year #bjba4 7,b7 ,information to be included in report ,such report shall include-- 7i7 program guidance issued by the ,secretary to implement this subsection2 7ii7 for each territory1 information on the increased amount under paragraph 7#c7 and how the territory has applied such amount1 including the territory's program design1 expenditures1 and number of individuals 7and dual-eligible individuals7 assisted2 and 7iii7 differences between how such territories are treated under part ,d of title ,,xviii and under this title compared with the treatment of the #ej ,states and the ,district of ,columbia under such part and this title for different fiscal years within the period covered under the report4 7,c7 ,recommendations ,such report shall include recommendations for improving prescription drug coverage for low-income individuals in each territory1 including recommendations regarding each of the following alternative approaches3 7i7 ,adjusting the aggregate amount specified in paragraph 7#c77;,b74 7ii7 ,allowing residents of the territories to be subsidy eligible individuals under section #ahfj;,d-#ad1 notwithstanding subsection 7a77#c77;,f7 of such section1 or providing substantially equivalent low-income prescription drug subsidies to such residents4 4 #c ,miscellaneous #bahda4 ,modified treatment of territories with respect to application of ,,aca annual health insurance provider fees ,section #ijaj of the ,patient ,protection and ,affordable ,care ,act 7#bf ,u4,s4,c4 #djja note prec47 is amended-- 7#a7 in subsection 7b77#a71 by inserting subject to subsection 7k77#a71 after ,with respect to each covered entity12 and 7#b7 by adding at the end the following3 7k7 ,special rules for treatment of territories 7#a7 ,in general ,in applying this section with respect to ,united ,states health risks located outside of the #ej ,states or the ,district of ,columbia for years beginning with #bjba-- 7,a7 the amount of the fee under subsection 7b7 shall be #ej percent of the amount of the fee otherwise determined2 7,b7 the ,secretary shall deposit the amount of such fees collected for each territory into a separate account2 and 7,c7 amounts in such an account for a territory for a year are appropriated and shall be available to the territory in accordance with paragraph 7#b74 7#b7 ,availability of funds ,amounts made available to a territory under paragraph 7#a77;,c7 with respect to a territory for a year shall be made available to the territory1 upon application of the territory to the ,secretary of ,health and ,human ,services1 only for the following purposes1 as elected by the territory in such application3 7,a7 ,increased prescription drug assistance for low-income part ,d eligible individuals ,for increasing the amount of funds made available to the territory under section #aice7;e77#c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifu-#e7;e77#c77 for assistance for low-income part ,d eligible individuals in obtaining part ,d covered drugs4 7,b7 ,satisfying ,state ,medicaid matching requirement ,for the territory to meet non-,federal matching requirements imposed with respect to obtaining ,federal financial participation under title ,,xix of the ,social ,security ,act4 4 #bahdb4 ,medicaid and ,,chip territory transparency and information 7a7 ,publication of information on ,federal expenditures under ,medicaid and ,,chip in the territories ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,health and ,human ,services shall publish1 and periodically update1 on the ,internet site of the ,centers for ,medicare ,medicaid ,services information on ,medicaid and ,,chip carried out in the territories of the ,united ,states4 ,such information shall include1 with respect to each such territory-- 7#a7 the income levels established by the territory for purposes of eligibility of an individual to receive medical assistance under ,medicaid or child health assistance under ,,chip2 7#b7 the number of individuals enrolled in ,medicaid and ,,chip in such territory2 7#c7 any ,state plan amendments in effect to carry out ,medicaid or ,,chip in such territory2 7#d7 any waiver of the requirements of title ,,xix or title ,,xxi issued by the ,secretary to carry out ,medicaid or ,,chip in the territory1 including a waiver under section #aaae of the ,social ,security ,act 7#db ,u4,s4,c4 #acae71 any application for such a waiver1 and any documentation related to such application 7including correspondence72 7#e7 the amount of the ,federal and non-,federal share of expenditures under ,medicaid and ,,chip in such territory2 7#f7 the systems in place for the furnishing of health care items and services under ,medicaid and ,,chip in such territory2 7#g7 the design of ,,chip in such territory2 and 7#h7 other information regarding the carrying out of ,medicaid and ,,chip in the territory that is published on such ,internet site with respect to carrying out ,medicaid and ,,chip in each ,state and the ,district of ,columbia4 7b7 ,definitions ,in this section3 7#a7 ,,chip ,the term ,,chip means the ,state ,children's ,health ,insurance ,program under title ,,xxi of the ,social ,security ,act4 7#b7 ,medicaid ,the term ,medicaid means the ,medicaid program under title ,,xix of the ,social ,security ,act4 7#c7 ,territory ,the term territory of the ,united ,states includes ,puerto ,rico1 the ,virgin ,islands of the ,united ,states1 ,guam1 the ,northern ,mariana ,islands1 and ,american ,samoa4 #bahdc4 ,report on exclusion of territories from ,exchanges 7a7 ,in general ,not later than ,february #a1 #bjbb1 the ,secretary of ,health and ,human ,services shall submit to ,congress a report that details the adverse impacts in each territory from the practical exclusion of the territories from the provisions of part ,,ii of subtitle ,d of title ,i of the ,patient ,protection and ,affordable ,care ,act insofar as such provisions provide for the establishment of an ,american ,health ,benefit ,exchange or the administration of a federally facilitated ,exchange in each ,state and in the ,district of ,columbia for the purpose of making health insurance more affordable and accessible for individuals and small businesses4 7b7 ,information in report ,the report shall include information on the following3 7#a7 ,an estimate of the total number of uninsured and underinsured individuals residing in each territory with respect to health insurance coverage4 7#b7 ,a description of the number of health insurance issuers in each territory and the health insurance plans these issuers offer4 7#c7 ,an estimate of the number of individuals residing in each territory who are denied premium and cost-sharing assistance that would otherwise be available to them for obtaining health insurance coverage through an ,exchange if they resided in one of the #ej ,states or in the ,district of ,columbia4 7#d7 ,an estimate of the amount of ,federal assistance described in paragraph 7#c7 that is not being made available to residents of each territory4 7#e7 ,an estimate of the number of small employers in each territory that would be eligible to purchase health insurance coverage through a ,small ,business ,health ,options ,program 7,,shop7 ,marketplace that would operate as part of an ,exchange if the employers were in one of the #ej ,states or in the ,district of ,columbia4 #bahdd4 ,access to coverage for individuals in certain areas without any available ,exchange plans ,part #b of subtitle ,d of title ,i of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjca et seq47 is amended by adding at the end the following3 #acad4 ,access to coverage for individuals in certain areas without any available ,exchange plans 7a7 ,in general 7#a7 ,coverage through ,,dc ,,shop ,exchange ,not later than #c months after the date of enactment of this section1 the ,secretary1 in consultation with the ,secretary of the ,treasury and the ,director of the ,office of ,personnel ,management1 shall establish a mechanism to ensure that1 for any plan year beginning on or after the date described in subsection 7d71 any individual described in paragraph 7#b7 may enroll in health insurance coverage in the small group market through the ,exchange operating in the ,district of ,columbia1 including the health insurance coverage that is available to ,members of ,congress and congressional staff 7as defined in section #acab7;d77#c77;,d774 7#b7 ,individual described ,an individual described in this paragraph is any individual who-- 7,a7 is not eligible to enroll in an employer-sponsored health plan 7excluding such a plan that would not be considered minimum essential coverage due to the application of subparagraph 7,c7 of section #cf;,b7c77#b7 of the ,internal ,revenue ,code of #aihf if such subparagraph applied to such plan72 and 7,b7 is a bona fide resident of any possession of the ,united ,states 7as determined under section #icg7;a7 of such ,code7 in which the ,secretary certifies that no qualified health plan is offered through an ,exchange established under this title4 7#c7 ,possession of the ,united ,states ,for purposes of this section1 the term possession of the ,united ,states shall include such possessions as are specified in section #icg7;a77#a7 of the ,internal ,revenue ,code of #aihf4 7b7 ,premium assistance tax credits and cost-,sharing ,any individual described in subsection 7a77#b7 who enrolls in health insurance coverage through the ,exchange operating in the ,district of ,columbia pursuant to subsection 7a77#a7 shall be eligible for any premium tax credit under section #cf;,b of the ,internal ,revenue ,code of #aihf1 reduced cost-sharing under section #adjb1 and advance determination and payment of such credits or such reductions under section #adab1 that the individual would otherwise be eligible for if enrolling as a resident of the ,district of ,columbia in health insurance coverage in the individual market through the ,exchange operating in the ,district of ,columbia4 7c7 ,treatment of possessions 7#a7 ,payments to possessions 7,a7 ,mirror code possession ,the ,secretary of the ,treasury shall periodically 7but not less frequently than annually7 pay to each possession of the ,united ,states with a mirror code tax system amounts equal to the loss to that possession by reason of the application of this section 7determined without regard to paragraph 7#b77 with respect to taxable years beginning after the date described in subsection 7d74 ,such amounts shall be determined by the ,secretary of the ,treasury based on information provided by the government of the respective possession4 7,b7 ,other possessions ,the ,secretary of the ,treasury shall periodically 7but not less frequently than annually7 pay to each possession of the ,united ,states which does not have a mirror code tax system amounts estimated by the ,secretary of the ,treasury as being equal to the aggregate benefits that would have been provided to residents of such possession by reason of the application of this section for any taxable years beginning after the date described in subsection 7d7 if a mirror code tax system had been in effect in such possession4 ,the preceding sentence shall not apply with respect to any possession of the ,united ,states unless such possession has a plan1 which has been approved by the ,secretary of the ,treasury1 under which such possession will promptly distribute such payments to the residents of such possession4 7#b7 ,coordination with credit allowed against united states income taxes ,no credit shall be allowed against ,united ,states income taxes for any taxable year under section #cf;,b of the ,internal ,revenue ,code of #aihf to any person-- 7,a7 to whom a credit is allowed against taxes imposed by the possession by reason of this section 7determined without regard to this paragraph7 for such taxable year1 or 7,b7 who is eligible for a payment under a plan described in paragraph 7#a77;,b7 with respect to such taxable year4 7#c7 ,mirror code tax system ,for purposes of this subsection1 the term mirror code tax system means1 with respect to any possession of the ,united ,states1 the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the ,united ,states as if such possession were the ,united ,states4 7#d7 ,treatment of payments ,for purposes of section #acbd7;b77#b7 of title #ca1 ,united ,states ,code1 or any similar rule of law1 the payments under this subsection shall be treated in the same manner as a refund due from the credit allowed under section #cf;,b of the ,internal ,revenue ,code of #aihf4 7d7 ,date described ,the date described in this subsection is the date on which the ,secretary establishes the mechanism described in subsection 7a77#a74 4 #bahde4 ,extension of family-to-family health information centers program to territories ,section #eja7;c77#c77;,c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #gja7;c77 is amended by striking years #bjah and #bjai and inserting year #bjah and each fiscal year thereafter4 ,r ,maternal ,care ,access and ,reducing ,emergencies #baija4 ,short title ,this subtitle may be cited as the ,maternal ,care ,access and ,reducing ,emergencies ,act or the ,maternal ,,care ,act4 #baijb4 ,findings ,congress finds the following3 7#a7 ,in the ,united ,states1 maternal mortality rates are among the highest in the developed world and increased by #bf4f percent between #bjjj and #bjad4 7#b7 ,of the #d1jjj1jjj ,american women who give birth each year1 about #gjj suffer fatal complications during pregnancy1 while giving birth1 or during the postpartum period1 and an additional #ej1jjj are severely injured4 7#c7 ,it is estimated that about #fj percent of the maternal mortalities in the ,united ,states could be prevented and half of the maternal injuries in the ,united ,states could be reduced or eliminated with better care4 7#d7 ,data from the ,centers for ,disease ,control and ,prevention show that ,black women are #c to #d times more likely to die from pregnancy-related causes than ,white women4 ,there are #db4h deaths per #ajj1jjj live births for ,black women1 compared to #ac deaths per #ajj1jjj live births for ,white women and #ag4b deaths per #ajj1jjj live births for women nationally4 7#e7 ,black women's risk of maternal mortality has remained higher than ,white women's risk for the past #f decades4 7#f7 ,black women in the ,united ,states suffer from life-threatening pregnancy complications twice as often as their ,white counterparts4 7#g7 ,high rates of maternal mortality among ,black women span income and education levels1 as well as socioeconomic status2 moreover1 risk factors such as a lack of access to prenatal care and physical health conditions do not fully explain the racial disparity in maternal mortality4 7#h7 ,a growing body of evidence indicates that stress from racism and racial discrimination results in conditions--including hypertension and pre-eclampsia--that contribute to poor maternal health outcomes among ,black women4 7#i7 ,pervasive racial bias against ,black women and unequal treatment of ,black women exist in the health care system1 often resulting in inadequate treatment for pain and dismissal of cultural norms with respect to health4 ,a #bjaf study by ,university of ,virginia researchers found that ,white medical students and residents often believed biological myths about racial differences in patients1 including that ,black patients have less-sensitive nerve endings and thicker skin than their ,white counterparts4 ,providers1 however1 are not consistently required to undergo implicit bias1 cultural competency1 or empathy training4 7#aj7 ,north ,carolina has established a statewide ,pregnancy ,medical ,home 7,,pmh7 program1 which aims to reduce adverse maternal health outcomes and maternal deaths by incentivizing maternal health care providers to provide integral health care services to pregnant women and new mothers4 ,according to the ,north ,carolina ,department of ,health and ,human ,services ,center for ,health ,statistics1 the pregnancy-related mortality rate for ,black women was approximately #e4a times higher than that of ,white women in #bjjd4 ,almost a decade later1 in #bjac1 the pregnancy-related mortality rates for ,black women and ,white women were #bd4c and #bd4b deaths per #ajj1jjj live births1 respectively4 ,the ,,pmh program has been credited with the convergence in pregnancy-related mortality rates because the program partners each high-risk pregnant and postpartum woman that is covered under ,medicaid with a pregnancy care manager4 #baijc4 ,definitions ,in this subtitle3 7#a7 ,secretary ,the term ,secretary means the ,secretary of ,health and ,human ,services4 7#b7 ,state ,the term ,state has the meaning given that term in section #aaja of the ,social ,security ,act 7#db ,u4,s4,c4 #acja7 for purposes of title ,,xix of that ,act 7#db ,u4,s4,c4 #acif et seq474 #baijd4 ,implicit bias training for health care providers 7a7 ,grant program ,the ,secretary shall establish a grant program under which such ,secretary awards grants to accredited schools of allopathic medicine1 accredited schools of osteopathic medicine1 accredited nursing schools1 other health professional training programs1 and other entities for the purpose of supporting implicit bias training1 with priority given to such training with respect to obstetrics and gynecology4 7b7 ,collaboration required ,in developing requirements for implicit bias training carried out with grant funds awarded under this section1 the ,secretary shall collaborate with relevant stakeholders that specialize in addressing health equity1 including-- 7#a7 health care providers who serve pregnant women1 including doctors1 nurses1 and midwives2 7#b7 academic institutions1 including schools and training programs described in subsection 7a72 7#c7 community-based health workers1 including perinatal health workers1 doulas1 and home visitors2 and 7#d7 community-based organizations4 7c7 ,implicit bias training defined ,in this section1 the term implicit bias training means evidence-based1 on-going professional development and support1 with respect to-- 7#a7 bias in judgment or behavior that results from subtle cognitive processes1 including implicit attitudes and implicit stereotypes1 that often operate at a level below conscious awareness and without intentional control2 or 7#b7 implicit attitudes and stereotypes that result in beliefs or simple associations that a person makes between an object and its evaluation that are automatically activated by the mere presence 7actual or symbolic7 of the attitude object4 7d7 ,prioritization ,in awarding grants under this section1 the ,secretary shall give priority to awarding grants to schools1 programs1 or entities located in or serving areas with the greatest needs1 based such factors as the ,secretary may consider1 including racial disparities in maternal mortality and the incidence of severe maternal morbidity rates4 7e7 ,authorization of appropriations ,there are authorized to be appropriated for purposes of carrying out the grant program under subsection 7a71 #e1jjj1jjj for each of fiscal years #bjbb through #bjbf4 #baije4 ,pregnancy medical home demonstration project 7a7 ,authority ,to award grants ,the ,secretary shall award grants to ,states for the purpose of establishing or operating ,state pregnancy medical home programs that meet the requirements of subsection 7b7 to deliver integrated health care services to pregnant women and new mothers and reduce adverse maternal health outcomes1 maternal deaths1 and racial health disparities in maternal mortality and morbidity4 7b7 ,state pregnancy medical home program requirements ,a ,state pregnancy medical home program meets the requirements of this subsection if-- 7#a7 the ,state works with relevant stakeholders to develop and carry out the program1 including-- 7,a7 ,state and local agencies responsible for ,medicaid1 public health1 social services1 mental health1 and substance abuse treatment and support2 7,b7 health care providers who serve pregnant women1 including doctors1 nurses1 and midwives2 7,c7 community-based health workers1 including perinatal health workers1 doulas1 and home visitors2 and 7,d7 community-based organizations and individuals representing the communities with-- 7i7 the highest overall rates of maternal mortality and morbidity2 and 7ii7 the greatest racial disparities in rates of maternal mortality and morbidity2 7#b7 the ,state selects health care providers who serve pregnant women1 including doctors1 nurses1 and midwives1 to participate in the program as pregnancy medical homes1 and requires that any provider that wishes to participate in the program as a pregnancy medical home-- 7,a7 commits to following evidence-based practices for maternity care1 as developed by the ,state in consultation with relevant stakeholders2 and 7,b7 completes training to provide culturally and linguistically competent care2 7#c7 under the program1 each pregnancy medical home is required to conduct a standardized medical1 obstetric1 and psychosocial risk assessment for every patient of the medical home who is pregnant at the patient's first prenatal appointment with the medical home2 7#d7 under the program1 a care manager-- 7,a7 is assigned to each pregnancy medical home2 and 7,b7 coordinates care 7including coordinating resources and referrals for health care and social services that are not available from the pregnancy medical home7 for each patient of a pregnancy medical home who is eligible for services under the program2 and 7#e7 the program prioritizes pregnant and postpartum women who are uninsured or enrolled in the ,state ,medicaid plan under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq471 or a waiver of such plan4 7c7 ,grants 7#a7 ,limitation ,the ,secretary may award a grant under this section to up to #aj ,states4 7#b7 ,period ,grants under this section shall be for a #e-year period4 7#c7 ,prioritization ,in awarding grants under this section1 the ,secretary shall give priority to the ,states with the greatest racial disparities in maternal mortality and severe morbidity rates4 7d7 ,report on grant impact and dissemination of best practices ,not later than #a year after all the grant periods awarded under this section have ended1 the ,secretary shall-- 7#a7 submit a report to ,congress that describes-- 7,a7 the impact of the grants awarded under this section on maternal and child health2 7,b7 best practices and models of care used by recipients of grants under this section2 and 7,c7 obstacles faced by recipients of grants under this section in delivering care1 improving maternal and child health1 and reducing racial disparities in rates of maternal and infant mortality and morbidity2 and 7#b7 disseminate information on best practices and models of care used by recipients of grants under this section 7including best practices and models of care relating to the reduction of racial disparities in rates of maternal and infant mortality and morbidity7 to interested parties1 including health providers1 medical schools1 relevant ,state and local agencies1 and the general public4 7e7 ,authorization ,there are authorized to be appropriated to carry out this section1 #be1jjj1jjj for each of fiscal years #bjbb through #bjbf1 to remain available until expended4 #baijf4 ,national ,academy of ,medicine ,study 7a7 ,in general ,the ,secretary shall enter into an arrangement with the ,national ,academy of ,medicine under which the ,national ,academy agrees to study and make recommendations for incorporating bias recognition in clinical skills testing for accredited schools of allopathic medicine and accredited schools of osteopathic medicine4 7b7 ,report ,the arrangement under subsection 7a7 shall provide for submission by the ,national ,academy of ,medicine to the ,secretary and ,congress1 not later than #c years after the date of enactment of this ,act1 of a report on the results of the study that includes such recommendations4 ,s ,reducing ,mortality and ,morbidity ,among ,all ,women and ,honoring ,mothers #bbjja4 ,findings ,congress finds that-- 7#a7 the pregnancy-related mortality ratio1 defined as the number of pregnancy-related deaths per #ajj1jjj live births1 more than doubled between #aihg and #bjaf2 7#b7 the ,united ,states is the only developed country whose maternal mortality rate has increased over the last several decades2 7#c7 of all pregnancy-related deaths between #bjaa and #bjae-- 7,a7 nearly #ca percent occurred during pregnancy2 7,b7 about #cf percent occurred during childbirth or the week after childbirth2 and 7,c7 #cc percent occurred between #a week and #a year postpartum2 7#d7 more than #fj percent of maternal deaths in the ,united ,states are preventable2 7#e7 in #bjad alone1 #ej1jjj women suffered from a 8near miss0 or severe maternal morbidity1 which includes potentially life-threatening complications that arise from labor and childbirth2 7#f7 #bh percent of women who gave birth in a hospital in the ,united ,states reported experiencing #a or more types of mistreatment1 such as-- 7,a7 loss of autonomy2 7,b7 being shouted at1 scolded1 or threatened2 and 7,c7 being ignored or refused or receiving no response to requests for help2 7#g7 certain social determinants of health1 including bias and racism1 have a negative impact on maternal health outcomes2 7#h7 significant disparities in maternal health exist1 including that-- 7,a7 ,black women are more than #c times as likely to die from a pregnancy-related cause as are ,white women2 7,b7 ,american ,indian and ,alaska ,native women are more than #b times as likely to die from a pregnancy-related cause as are ,white women2 7,c7 ,black1 ,american ,indian1 and ,alaska ,native women with at least some college education are more likely to die from a pregnancy-related cause than are women of all other racial and ethnic backgrounds with less than a high school diploma2 7,d7 ,black1 ,american ,indian1 and ,alaska ,native women are about #b times as likely to suffer from severe maternal morbidity as are ,white women2 7,e7 women who live in rural areas have a greater likelihood of severe maternal morbidity and mortality compared to women who live in urban areas2 7,f7 nearly #ej percent of rural counties do not have a hospital with obstetric services2 7,g7 counties with more ,black and ,hispanic residents and lower median incomes are less likely to have access to hospital obstetric services2 7,h7 more than #ej percent of women who live in a rural area must travel more than #cj minutes to access hospital obstetric services1 compared to #g percent of women who live in urban areas2 and 7,i7 ,american ,indian and ,alaska ,native women living in rural communities are twice as likely as their ,white counterparts to report receiving late or no prenatal care2 7#i7 more than #dj ,states have designated committees to review maternal deaths2 7#aj7 ,state and local maternal mortality review committees are positioned to comprehensively assess maternal deaths and identify opportunities for prevention2 7#aa7 more than #be ,states are participating in the ,alliance for ,innovation on ,maternal ,health1 which promotes consistent and safe maternity care to reduce maternal morbidity and mortality2 7#ab7 community-based maternal health care models1 including midwifery childbirth services1 doula support services1 community and perinatal health worker services1 and group prenatal care1 in collaboration with culturally competent physician care1 show great promise in improving maternal health outcomes and reducing disparities in maternal health outcomes2 7#ac7 many organizations have implemented initiatives to educate patients and providers about-- 7,a7 all causes of1 contributing factors to1 and disparities in maternal mortality2 7,b7 the prevention of pregnancy-related deaths2 and 7,c7 the importance of listening to and empowering all women to report pregnancy-related medical issues2 7#ad7 the ,centers for ,disease ,control and ,prevention 7in this ,resolution1 referred to as the 8,,cdc071 for the first time in over a decade1 released a report on ,january #cj1 #bjbj1 assessing the ,united ,states maternal mortality rate that-- 7,a7 found in #bjah1 the maternal mortality rate was #ag4d maternal deaths per #ajj1jjj live births2 7,b7 found the maternal mortality rate for non-,hispanic ,black women was more than double that of non-,hispanic ,white women at #cg4a deaths per #ajj1jjj live births compared to #ad4g1 and #c times the rate of ,hispanic women 7#aa4h72 and 7,c7 while using a new standardized methodology to improve the accuracy of ,states reporting maternal deaths1 still has potential methodological concerns with the reporting of maternal mortality data1 such as the ,,cdc report excluding mothers over the age of #dd and only accounting for deaths within #db days of giving birth1 potentially omitting later postpartum deaths2 and 7,d7 several ,states1 communities1 and organizations recognize ,january #bc as 8,maternal ,health ,awareness ,day0 to raise awareness about maternal health and promote maternal safety4 #bbjjb4 ,sense of ,congress ,congress-- 7#a7 acknowledges the ,united ,states deeply troubling maternal health crisis and supports expedited ,federal action on reducing the rates of maternal mortality in the ,united ,states1 including-- 7,a7 raising public awareness about maternal mortality1 maternal morbidity1 and disparities in maternal health outcomes2 and 7,b7 encouraging the ,federal ,government1 ,states1 territories1 ,tribes1 local communities1 public health organizations1 physicians1 health care providers1 and others to take action to reduce adverse maternal health outcomes and improve maternal safety2 7#b7 promotes initiatives-- 7,a7 to address and eliminate disparities in maternal health outcomes2 and 7,b7 to ensure respectful and equitable maternity care practices2 7#c7 honors the mothers who have passed away as a result of pregnancy-related causes2 7#d7 supports collecting better data on maternal mortality and morbidity2 and 7#e7 supports and recognizes the need for further investments in efforts to improve maternal health1 eliminate disparities in maternal health outcomes1 and promote respectful and equitable maternity care practices4 ,t ,collecting and ,analyzing ,resources ,integral and ,necessary for ,guidance for ,social ,determinants #bbaja4 ,short title ,this subtitle may be cited as the ,collecting and ,analyzing ,resources ,integral and ,necessary for ,guidance for ,social ,determinants ,act of #bjbj or the ,,caring for ,social ,determinants ,act of #bjbj4 #bbajb4 ,findings2 purpose 7a7 ,findings ,congress makes the following findings3 7#a7 ,social determinants of health are the conditions in which people are born1 grow1 live1 play1 work and age2 they include factors like socioeconomic status1 education1 housing1 transportation1 nutrition and literacy4 7#b7 ,research has shown that addressing social determinants of health is important for improving overall health and reducing health inequities4 7#c7 ,social determinants that negatively impact health can have harmful neurodevelopmental and biological consequences that develop in childhood and manifest in adulthood4 7#d7 ,there is a growing body of evidence suggesting that policies that specifically address social needs1 including policies targeting children and families1 can improve community health outcomes and have the potential to reduce health care spending4 7#e7 ,some ,state ,medicaid programs have begun testing innovative delivery and payment models designed to improve health outcomes and reduce costs by implementing strategies to address social determinants of health under existing ,medicaid authorities as well as through the use of waivers1 though payment incentives linked to social determinant of health are not common4 7#f7 ,despite a growing focus on social determinants of health in ,state managed care contracts1 most ,states do not provide necessary guidance for managed care organizations as to how they may use existing authority under ,federal law to provide patients with services that can improve health by addressing social determinants4 7#g7 ,centers for ,medicare ,medicaid ,services guidance and technical assistance are critical tools that could increase adoption of strategies to address social determinants of health among ,state ,medicaid agencies4 7b7 ,purposes ,it is the purpose of this subtitle to provide ,states with additional operational clarity and examples of the strategies they can leverage through existing authority and waivers to address social determinants of health for the ,medicaid population4 #bbajc4 ,requirement to issue guidance to clarify strategies to address social determinants of health in the ,medicaid program and the ,children's ,health ,insurance ,program ,not later than #b years after the date of the enactment of this ,act1 the ,secretary of ,health and ,human ,services shall issue and disseminate guidance to ,states to clarify strategies to address social determinants of health under the ,medicaid program and the ,children's ,health ,insurance ,program4 ,such guidance shall include the following3 7#a7 ,guidance and technical assistance to ,state ,medicaid agencies regarding the strategies that ,states can implement under existing authorities under title ,,xi1 ,,xix1 or ,,xxi of the ,social ,security ,act1 or through waivers1 to address social determinants of health in the provision of health care1 including strategies specifically targeting the pediatric population4 7#b7 ,guidance and technical assistance on how ,states can encourage and incentivize managed care organizations to address social determinants of health through contracts with such organizations4 7#c7 ,a compendium of examples from ,states with respect to how ,states are currently addressing social determinants of health in the provision of health care under the ,medicaid program and the ,children's ,health ,insurance ,program1 including through payment models4 ,u ,equal ,access to ,abortion ,coverage in ,health ,insurance #bbbja4 ,short title ,this subtitle may be cited as the ,equal ,access to ,abortion ,coverage in ,health ,insurance 7,,each ,woman7 ,act of #bjbj4 #bbbjb4 ,findings ,congress makes the following findings3 7#a7 ,affordable1 comprehensive health insurance that includes coverage for a full range of pregnancy-related care1 including abortion1 is critical to the health of every person regardless of actual or perceived race1 color1 national origin1 immigration status1 sex 7including sexual orientation1 gender identity1 pregnancy1 childbirth1 a medical condition relating to pregnancy or childbirth1 or sex stereotyping71 age1 or disability status4 7#b7 ,neither a woman's income level nor her type of insurance should prevent her from having access to a full range of pregnancy-related care1 including abortion services4 7#c7 ,no woman should have the decision to have1 or not to have1 an abortion made for her based on her ability or inability to afford the procedure4 7#d7 ,since #aigf1 the ,federal ,government has withheld funds for abortion coverage in most circumstances1 affecting women of reproductive age in the ,united ,states who are insured through the ,medicaid program1 as well as women who receive insurance or care through other federal health plans and programs4 ,of women aged #ae-dd enrolled in ,medicaid in #bjag1 #ee percent lived in the #ce ,states and the ,district of ,columbia that do not cover abortion1 except in limited circumstances4 ,this amounts to roughly #g4c million women of reproductive age1 including #c4a million women living below the ,federal poverty level4 ,women of color are disproportionately likely to be insured by the ,medicaid program3 ,nationwide1 #cb percent of ,black women and #bg percent of ,hispanic women aged #ae-dd were enrolled in ,medicaid in #bjag1 compared with #af percent of ,white women4 7#e7 ,moreover1 #bf ,states also prohibit abortion coverage in private insurance plans within or beyond health insurance marketplaces under the ,patient ,protection and ,affordable ,care ,act4 7#f7 ,restrictions on abortion coverage interfere with a woman's personal decision making1 with her health and well-being1 and with her constitutionally protected right to a safe and legal medical procedure4 7#g7 ,restrictions on abortion coverage have a disproportionate impact on low-income women1 women of color1 immigrant women1 and young women4 ,these women are already disadvantaged in their access to the resources1 information1 and services necessary to prevent an unintended pregnancy or to carry a healthy pregnancy to term4 #bbbjc4 ,abortion coverage and care regardless of income or source of insurance 7a7 ,ensuring abortion coverage and care through the ,federal ,government in its role as an insurer1 employer1 or health care provider ,the ,federal ,government shall-- 7#a7 ensure coverage for abortion care in public health insurance programs including ,medicaid1 ,medicare1 and the ,children's ,health ,insurance ,program2 7#b7 in its role as an employer or health plan sponsor1 ensure coverage for abortion care for participants and beneficiaries2 and 7#c7 in its role as a provider of health services1 ensure abortion care is made available to individuals who are eligible to receive services in its own facilities or in facilities with which it contracts to provide medical care4 7b7 ,prohibiting restrictions on private insurance coverage of abortion care 7#a7 ,federal restrictions ,the ,federal ,government shall not prohibit1 restrict1 or otherwise inhibit insurance coverage of abortion care by ,state or local government or by private health plans4 7#b7 ,state and local government restrictions ,state and local governments shall not prohibit1 restrict1 or otherwise inhibit insurance coverage of abortion care by private health plans4 #bbbjd4 ,sense of ,congress ,it is the sense of the ,congress that-- 7#a7 the ,federal ,government1 acting in its capacity as an insurer1 employer1 or health care provider1 should serve as a model for the ,nation to ensure coverage of abortion care2 and 7#b7 moreover1 restrictions on coverage of abortion care in the private insurance market must end4 #bbbje4 ,rule of construction ,nothing in this subtitle shall be construed to have any effect on any ,federal1 ,state1 or local law that includes more protections for abortion coverage or care than those set forth in this subtitle4 #bbbjf4 ,severability ,if any portion of this subtitle or the application thereof to any person or circumstances is held invalid1 such invalidity shall not affect the portions or applications of this subtitle which can be given effect without the invalid portion or application4 ,v ,improving ,access to ,mental ,health #bbcja4 ,short title ,this subtitle may be cited as the ,improving ,access to ,mental ,health ,act4 #bbcjb4 ,improved access to mental health services under the ,medicare program 7a7 ,access to clinical social workers ,section #ahcc7;a77#a77;,f77ii7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciel7a77#a77;,f77ii77 is amended by striking #ge percent of the amount determined for payment of a psychologist under clause 7,l7 and inserting #he percent of the fee schedule amount provided under section #ahdh4 7b7 ,access to clinical social worker services provided to residents of skilled nursing facilities 7#a7 ,in general ,section #ahhh7;e77#b77;,a77ii7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acieyy7e77#b77;,a77ii77 is amended by inserting clinical social worker services1 after qualified psychologist services14 7#b7 ,conforming amendment ,section #ahfa7;hh77#b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciex7hh77#b77 is amended by striking and other than services furnished to an inpatient of a skilled nursing facility which the facility is required to provide as a requirement for participation4 7c7 ,access to the complete set of clinical social worker services ,section #ahfa7;hh77#b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciex7hh77#b77 is amended-- 7#a7 by striking for the diagnosis and treatment of mental illnesses 7other than services and inserting 1 including services for the diagnosis and treatment of mental illnesses and services for health and behavior assessment and intervention as identified as of ,january #a1 #bjbb1 by ,,hcpcs codes #ifaej through #ifafa 7and any succeeding codes71 but not including services2 and 7#b7 by striking 7 which and inserting 1 which4 7d7 ,effective date ,the amendments made by this section shall apply to items and services furnished on or after ,january #a1 #bjba4 ,w ,sickle ,cell ,trait ,research1 ,surveillance1 and ,public ,education and ,awareness #bbdja4 ,findings ,congress finds-- 7#a7 sickle cell disease is the most common inherited blood disorder in the ,united ,states1 affecting approximately #ajj1jjj people in the ,united ,states2 7#b7 more than #c1jjj1jjj people in the ,united ,states have the sickle cell trait1 and many are unaware of their status2 7#c7 in #bjaj1 the total number of babies born with sickle cell trait was estimated to have exceeded #fj1jjj1 and the total ,united ,states incidence estimate was #ae4e cases per #a1jjj births2 7#d7 sickle cell disease occurs in about #a out of every #cfe ,black or ,african-,american births and #a out of every #af1cjj ,hispanic-,american births2 7#e7 individuals who have sickle cell trait have a #ej-percent chance of passing on the abnormal sickle cell gene to future offspring and #be-percent chance of having future children with sickle cell disease if both parents have the trait2 7#f7 sickle cell disease can be identified before birth by testing a sample of amniotic fluid or tissue from the placenta2 7#g7 individuals with sickle cell trait have the same life expectancy as the general population1 but are at risk for certain conditions1 including blood in the urine1 kidney cancer1 complications with trauma to the eye1 and tissue death in the spleen at high altitudes1 or may have a false positive ,a#a;,c test2 7#h7 during the #aaeth ,congress1 ,public ,law #aae-cbg reauthorized a sickle cell disease prevention and treatment demonstration program and provided for sickle cell research1 surveillance1 prevention1 and treatment2 7#i7 following the enactment of ,public ,law #aae-cbg1 the ,national ,institutes of ,health launched the ,cure ,sickle ,cell ,initiative aimed at bringing genetic therapies into first-in-human clinical trials within five years and moving newly developed genetic therapies1 including gene-editing approaches1 into clinical research2 7#aj7 communication of a screening result consistent with sickle cell trait should always be accompanied by appropriate counseling on the implications1 provided by an individual with adequate training and understanding of the information2 7#aa7 the limited research on the communication of sickle cell trait test results to patients demonstrates that there is a high prevalence of misleading information being communicated during counseling sessions for sickle cell trait following newborn screening by clinicians2 and 7#ab7 no studies have examined whether information on sickle cell trait test results is being accurately transmitted to an individual1 whether by a family member or health care provider1 prior to a person's reproductive years4 #bbdjb4 ,sense of ,congress ,congress-- 7#a7 recognizes the importance of ensuring that people in the ,united ,states can make informed decisions as a result of awareness of their sickle cell trait status2 7#b7 recognizes the ongoing challenges in addressing health outcomes among people with sickle cell trait and sickle cell disease2 7#c7 recognizes the importance of the development of1 and access to1 new treatments for sickle cell disease2 7#d7 encourages the medical community1 in coordination with ,state and ,federal ,government1 to work to ensure that all individuals are made aware of their sickle cell trait status by developing a common strategy for dissemination of screening results1 education1 and counseling to parents and families in collaboration with all #ej ,states' newborn screening programs2 7#e7 calls on the ,department of ,health and ,human ,services1 in collaboration with experts1 to develop a surveillance and public awareness campaign regarding the importance of knowing one's sickle cell trait status and to gain knowledge on sickle cell disease for all racial and ethnic groups in the ,united ,states2 7#f7 commits to build on the progress of ,public ,law #aae-cbg which reauthorized a sickle cell disease prevention and treatment demonstration program and provided for sickle cell research1 surveillance1 prevention1 and treatment2 7#g7 calls on the ,department of ,health and ,human ,services to expand access for screening and appropriate counseling for carriers of sickle cell trait2 7#h7 commits to ensuring support for research that expands our understanding of the health outcomes and other implications of sickle cell trait and the health outcomes associated with sickle cell disease2 and 7#i7 commits to ensuring equitable access among economic1 racial1 and ethnic groups to new treatments in order to improve health outcomes for those with sickle cell disease4 ,x ,national ,youth ,,hiv ,,aids ,awareness ,day #bbeja4 ,findings ,congress finds that-- 7#a7 ,national ,youth ,,hiv ,,aids ,awareness ,day is a nationwide observance that calls on people to take action to invest in the health1 education1 and leadership of young people2 7#b7 more than #cj years into the epidemic1 the ,centers for ,disease ,control and ,prevention 7,,cdc7 estimates that in the ,united ,states more than #a1bjj1jjj people are living with ,,hiv1 and every year approximately #dj1jjj people acquire ,,hiv2 7#c7 in the ,united ,states1 almost #dj percent of new ,,hiv infections are young people ages #ac to #bj2 7#d7 young people ages #ac to #bd account for one in five of the estimated #dj1jjj new ,,hiv cases diagnosed each year in the ,united ,states2 7#e7 #da percent of ,,hiv-positive youth ages #ac to #bd do not know they carry the ,,hiv virus2 7#f7 ,african-,american youth bear a disproportionate burden of the epidemic1 representing #eg percent of new infections in young people ages #ac to #bd2 7#g7 young ,african-,american men who have sex with men 7,,msm7 ages #ac to #bd comprise #cd percent of new infections among all ,black males2 7#h7 the ,division of ,adolescent and ,school ,health 7,,dash7 is the only ,federal program supporting ,,hiv prevention for adolescents in schools2 7#i7 the ,nation's largest ,federal program dedicated to providing care and treatment for people living with ,,hiv was named after ,ryan ,white1 a teenager from ,indiana who helped educate a ,nation about ,,hiv and ,,aids in the #aihjs2 7#aj7 the ,ryan ,white ,part ,d ,program is one of the national efforts to link ,,hiv-positive youth to medical care and support services2 7#aa7 the ,patient ,protection and ,affordable ,care ,act 7,,ppaca7 provides youth1 including those at risk for and living with ,,hiv_/,,aids1 better access to health care coverage1 more health insurance options1 additional funding for sex education1 a prohibition against denying people living with ,,hiv access to health care1 and expanded access to ,medicaid which will help more ,,hiv-positive youth receive care2 and 7#ab7 ,april #aj of each year is now recognized as ,national ,youth ,,hiv ,,aids ,awareness ,day4 #bbejb4 ,sense of ,congress ,congress-- 7#a7 supports the goals and ideals of ,national ,youth ,,hiv ,,aids ,awareness ,day2 7#b7 encourages ,state and local governments1 including their public health agencies1 education agencies1 schools1 and media organizations to recognize and support such a day2 7#c7 promotes effective and comprehensive ,,hiv prevention education programs both in and out of schools as a tool to ensure that all people in the ,united ,states are educated about ,,hiv1 as called for in the ,national ,,hiv_/,,aids ,strategy2 7#d7 urges youth-friendly and accessible health care services to better provide for the early identification of ,,hiv through voluntary routine testing1 and to connect those in need to clinically and culturally appropriate care and treatment as early as possible2 7#e7 commends the work of ,,aids service organizations1 community and faith-based organizations1 and school-based health centers that are providing youth-friendly1 effective1 prevention1 treatment1 care1 and support services to young people living with and vulnerable to ,,hiv_/,,aids2 7#f7 recognizes the importance of interventions that address young people's structural barriers to living healthy lives1 including accessible health care1 safe and inclusive schools and communities1 family acceptance1 secure housing1 excellent education1 employment and legal protections1 and poverty reduction initiatives2 7#g7 prioritizes youth leadership and development in order to ensure youth involvement in decisions which impact their health and well-being as a necessary means to achieving an ,,aids-free generation2 7#h7 requires the full implementation of the ,national ,,hiv_/,,aids ,strategy and its goals to reduce new ,,hiv infections1 increase access to care and improve health outcomes for people living with ,,hiv1 reduce ,,hiv-related disparities and health inequities1 and achieve a more coordinated national response to the ,,hiv_/,,aids epidemic2 7#i7 recommends a comprehensive prevention and treatment strategy that empowers young people1 parents1 public health workers1 educators1 faith leaders1 and other stakeholders to fully engage with their communities and families to help decrease violence1 discrimination1 and stigma towards individuals who disclose their sexual orientation or ,,hiv status2 and 7#aj7 calls for an ,,aids-free generation that prioritizes youth leadership and development in order to ensure youth involvement in decisions which impact their health and well-being as well as advance a pipeline for the next generation of ,,hiv_/,,aids doctors1 advocates1 educators1 researchers1 and other professionals4 ,y ,national ,black ,,hiv_/,,aids ,awareness ,day #bbfja4 ,findings ,congress finds that-- 7#a7 the ,centers for ,disease ,control and ,prevention 7,,cdc7 estimates that in the ,united ,states more than #a1ajj1jjj people are living with ,,hiv1 and #ae percent do not know they are infected2 7#b7 in #bjag1 approximately #ch1gci people were diagnosed with ,,hiv in the ,united ,states2 7#c7 since the beginning of the ,,hiv_/,,aids epidemic in the ,united ,states1 racial and ethnic minorities have been disproportionately affected by the disease2 7#d7 ,african ,americans are diagnosed with ,,aids later than their ,white counterparts1 are confronted with greater barriers in accessing care and treatment1 and face higher morbidity and mortality outcomes2 7#e7 ,african ,americans account for nearly half of all those with ,,aids who have died in the ,united ,states since the beginning of the epidemic2 7#f7 in #bjae1 #c1cgi ,african ,americans died of ,,hiv or ,,aids1 accounting for #eb percent of total deaths attributed to the disease that year2 7#g7 in #bjad1 ,,hiv_/,,aids was the #fth leading cause of death for ,black men overall and for ,black women ages #be-cd1 and the #eth for ,black men ages #ce-dd and #dth for ,black women ages #ce-dd in #bjad1 ranking higher than their respective counterparts in any other racial_/ethnic group2 7#h7 in #bjaf1 ,african ,americans represented #dd percent of all people living with ,,hiv in the ,united ,states1 despite comprising just #ab percent of the ,united ,states population2 7#i7 in #bjaf1 over #ag1jjj ,african ,americans were diagnosed with ,,hiv2 7#aj7 ,african-,american gay and bisexual men are more affected by ,,hiv than any other group in the ,united ,states1 accounting for a higher proportion of ,,hiv diagnoses1 those living with ,,hiv1 those ever diagnosed with ,,aids1 and ,,hiv_/,,aids-related deaths2 7#aa7 in #bjaf1 more than half of ,african ,americans diagnosed with ,,hiv were gay or bisexual men2 7#ab7 in #bjaf1 among all gay and bisexual men who had received an ,,hiv diagnosis1 ,african ,americans accounted for the highest number 7#ch percent72 7#ac7 according to a #bjaf study by the ,,cdc1 an estimated half of ,black gay men will be diagnosed with ,,hiv in their lifetime1 if current ,,hiv diagnoses rates persist2 7#ad7 homophobia1 stigma1 and discrimination pose major obstacles to ,,hiv testing1 treatment and other prevention services for gay and bisexual ,african-,american men2 7#ae7 among all women diagnosed with ,,hiv in #bjaf1 #fa percent were ,african ,american1 despite comprising only #ad percent of the female population in the ,united ,states2 7#af7 ,african-,american women face the highest risk of ,,hiv and other sexually transmitted infections 7,s,t,is7 compared with women of other groups2 7#ag7 the ,,hiv diagnosis rate for ,african-,american women remains #af times as high as that of ,white women1 and almost five times that of ,hispanic women2 7#ah7 among ,african-,american women1 the leading transmission category of ,,hiv infection is heterosexual contact1 followed by intravenous drug use2 7#ai7 research indicates that the high incarceration rates of ,black men may contribute to the disproportionate rates of ,,hiv infections among ,black women2 7#bj7 in #bjaj--the most recent data available--there were more than #bj1jjj inmates with ,,hiv_/,,aids in ,state and ,federal prisons1 a prevalence that is #d times the rate of ,,hiv in the general population2 7#ba7 among incarcerated populations1 ,african-,american men are #e times as likely as ,white men1 and twice as likely as ,hispanic_/,latino men1 to be diagnosed with ,,hiv2 7#bb7 among incarcerated populations1 ,african-,american women are more than twice as likely to be diagnosed with ,,hiv as ,white or ,hispanic_/,latino women2 7#bc7 transgender women in the ,united ,states are at high risk for ,,hiv2 7#bd7 more than half of all transgender people diagnosed with ,,hiv are ,black or ,african ,american2 7#be7 the ,southern ,united ,states now experiences the highest burden of the ,,hiv_/,,aids epidemic2 7#bf7 in #bjag1 the ,south made up #eb percent of the new ,,hiv diagnoses in the ,united ,states2 7#bg7 ,african ,americans are severely and disproportionately affected by ,,hiv in the ,south1 accounting for #ec percent of all new ,,hiv infections in the region2 7#bh7 socioeconomic issues impact the rates of ,,hiv infection among ,african ,americans in the ,south and throughout the ,united ,states2 7#bi7 socioeconomic factors like income inequality1 poverty1 and lack of access to ,,hiv prevention education and basic health services1 and cultural factors like homophobia1 transphobia1 and racism all pose significant challenges to combating the ,,hiv_/,,aids epidemic2 7#cj7 we are seeing signs of progress2 7#ca7 from #bjaa to #bjae1 ,,hiv diagnoses among ,african-,american women fell by nearly #bj percent and have also fallen sharply among ,african ,americans who inject drugs2 7#cb7 testing1 education1 counseling1 and harm reduction practices are all critical to prevent ,,hiv2 7#cc7 life-saving treatment is also a proven prevention tool1 and research shows that antiretroviral drugs can reduce the amount of virus to undetectable levels 7also known as viral suppression71 effectively resulting in no risk of transmission of ,,hiv2 7#cd7 in #bjab1 the ,food and ,drug ,administration approved pre-exposure prophylaxis 7,pr,e,p7 as prevention for people who are ,,hiv-negative2 7#ce7 ,pr,e,p can reduce the risk of ,,hiv infection for ,,hiv-negative people by up to #ii percent2 7#cf7 in #aiih1 ,congress and the ,clinton administration created the ,national ,minority ,,aids ,initiative to help coordinate funding1 build capacity1 and provide prevention1 care1 and treatment services within the ,african-,american1 ,hispanic1 ,asian ,pacific ,islander1 and ,native ,american communities2 7#cg7 the ,national ,minority ,,aids ,initiative assists with leadership development of community-based organizations 7,c,b,os71 establishes and links provider networks1 builds community prevention infrastructure1 promotes technical assistance among ,c,b,os1 and raises awareness among ,african-,american communities2 7#ch7 #bjai marks the twenty-first year of the ,national ,minority ,,aids ,initiative which has successfully established life-saving services and programs to address the needs of those communities1 families1 and individuals most impacted and burdened ,,hiv2 7#ci7 in #bjaj1 the ,obama administration unveiled the first ,national ,,hiv_/,,aids ,strategy1 which identified a set of priorities and strategic action steps tied to measurable outcomes for moving the ,nation forward in addressing the domestic ,,hiv epidemic2 7#dj7 in #bjac1 the ,national ,association for the ,advancement of ,colored ,people 7,,naacp7 released a manual of best practices for faith leaders to mobilize communities1 advocate for community support for people infected with and affected by ,,hiv_/,,aids1 and organize dialogues on ,,hiv_/,,aids as a social justice issue as part of 8,the ,black ,church and ,,hiv3 ,the ,social ,justice ,imperative02 7#da7 in ,july #bjae1 the 8,national ,,hiv_/,,aids ,strategy for the ,united ,states3 ,updated to #bjbj0 was released and included actions and goals in order to reduce ,,hiv-related disparities and inequalities2 7#db7 the ,affordable ,care ,act's expansion of ,medicaid and reforms to the individual insurance market have helped lower the uninsured rates for nonelderly ,african ,americans by more than one-third between #bjac and #bjaf1 leading to better health outcomes for ,african ,americans living with or at risk of ,,hiv2 7#dc7 ,national ,black ,,hiv_/,,aids ,awareness ,day was founded by #e national organizations in #aiii to provide capacity-building assistance to ,black communities and organizations2 and 7#dd7 each year on ,february #g1 individuals1 organizations1 and policy makers across the ,nation participate in ,national ,black ,,hiv_/,,aids ,awareness ,day to promote ,,hiv education1 testing1 community involvement1 and treatment in ,black communities4 #bbfjb4 ,sense of ,congress ,congress-- 7#a7 supports the goals and ideals of ,national ,black ,,hiv_/,,aids ,awareness ,day2 7#b7 encourages ,state and local governments1 including their public health agencies1 and media organizations to recognize and support such day1 to publicize its importance among their communities1 and to encourage individuals1 especially ,african ,americans1 to get tested for ,,hiv2 7#c7 commends the work of ,,aids service organizations1 community-based organizations1 faith-based organizations providers1 community health centers and health departments that are providing effective1 evidence-based1 prevention1 treatment1 care1 and support services to people living with and vulnerable to ,,hiv_/,,aids2 7#d7 supports the implementation of the ,national ,,hiv_/,,aids ,strategy and its goals to reduce new ,,hiv infections1 increase access to care and improve health outcomes for people living with ,,hiv1 reduce ,,hiv-related disparities and health inequities1 and achieve a more coordinated national response to the ,,hiv_/,,aids epidemic2 7#e7 supports reducing the impact of incarceration as a driver of new ,,hiv infections within the ,african-,american community2 7#f7 supports reducing the number of ,,hiv infections in the ,african-,american community resulting from intravenous drug use2 7#g7 supports effective and comprehensive ,,hiv prevention education programs to promote the early identification of ,,hiv through voluntary routine testing1 and to connect those in need to clinically and culturally appropriate care and treatment as early as possible2 7#h7 supports appropriate funding for ,,hiv_/,,aids prevention1 care1 treatment1 research1 and housing1 including community-based approaches to fight stigma1 discrimination1 racism1 sexism1 homophobia1 and transphobia2 and 7#i7 encourages comprehensive prevention1 treatment1 and care strategies that empower public health workers1 educators1 faith leaders1 and other stakeholders to engage their communities to help decrease violence1 discrimination1 and stigma towards individuals who disclose their sexual orientation1 gender identity1 or ,,hiv status4 ,z ,repeal ,existing ,policies that ,encourage and ,allow ,legal ,,hiv ,discrimination #bbgja4 ,short title ,this subtitle may be cited as the ,repeal ,existing ,policies that ,encourage and ,allow ,legal ,,hiv ,discrimination ,act of #bjbj or the ,,repeal ,,hiv ,discrimination ,act of #bjbj4 #bbgjb4 ,findings ,the ,congress makes the following findings3 7#a7 ,at present1 #cd ,states and #b ,united ,states territories have criminal statutes based on perceived exposure to ,,hiv1 rather than behaviors motivated by an intent to harm1 presenting a significant risk of transmission and resulting in actual transmission of ,,hiv to another4 ,eleven ,states have ,,hiv-specific laws that make spitting or biting a felony1 even though it is not possible to transmit ,,hiv via saliva4 ,twenty-four ,states require persons who are aware that they have ,,hiv to disclose their status to sexual partners1 regardless of whether they are non-infectious4 ,fourteen of these #bd ,states also require disclosure to needle-sharing partners4 ,twenty-five ,states criminalize one or more behaviors that pose a low or negligible risk for ,,hiv transmission4 7#b7 ,,hiv-specific criminal laws are classified as felonies in #bh ,states2 in three ,states1 a person's exposure to another to ,,hiv does not subject the person to criminal prosecution for that act alone1 but may result in a sentence enhancement4 ,eighteen ,states impose sentences of up to #aj years per violation2 seven impose sentences between #aa and #bj years2 and five impose sentences of greater than #bj years4 7#c7 ,when members of the ,armed ,forces acquire ,,hiv1 they are issued orders that require them to disclose and use a condom under all circumstances including when the known risk of transmission is zero4 ,failure to disclose can result in prosecution under the ,uniform ,code of ,military ,justice 7,,ucmj74 7#d7 ,the number of prosecutions1 arrests1 and instances where ,,hiv-based charges are used to induce plea agreements is unknown4 ,because ,state-level prosecution and arrest data are not readily available in any national legal database1 the societal impact of these laws may be underestimated and most cases that go to trial are not reduced to written1 published opinions4 7#e7 ,state and ,federal criminal law does not currently reflect the three decades of medical advances and discoveries made with regard to transmission and treatment of ,,hiv_/,,aids4 7#f7 ,according to ,,cdc1 correct and consistent male or female condom use is very effective in preventing ,,hiv transmission4 ,however1 most ,state ,,hiv-specific laws and prosecutions do not treat the use of a condom during sexual intercourse as a mitigating factor or evidence that the defendant did not intend to transmit ,,hiv4 7#g7 ,criminal laws and prosecutions do not take into account the benefits of effective antiretroviral medications1 which suppress the virus to extremely low levels and further reduce the already low risk of transmitting ,,hiv to near zero4 7#h7 ,in addition to ,,hiv-specific criminal laws1 general criminal laws are often misused to prosecute people based on their ,,hiv status4 ,although ,,hiv1 and even ,,aids1 currently is viewed as a treatable1 chronic1 medical condition1 people living with ,,hiv have been charged under aggravated assault1 attempted murder1 and even bioterrorism statutes because prosecutors1 courts1 and legislators continue to view and characterize the blood1 semen1 and saliva of people living with ,,hiv as a deadly weapon4 7#i7 ,multiple peer-reviewed studies demonstrate that ,,hiv-specific laws do not reduce risk-taking behavior or increase disclosure by people living with or at risk of ,,hiv1 and there is increasing evidence that these laws reduce the willingness to get tested4 ,furthermore1 placing legal responsibility for preventing the transmission of ,,hiv and other pathogens that can be sexually transmitted exclusively on people diagnosed with a sexually transmitted infection undermines the public health message that all people are responsible for practicing behaviors that protect themselves from ,,hiv and other sexually transmitted infections4 ,unfortunately1 some ,state laws create an expectation of disclosure work against public health communication and discourage risk-reduction measures that could prevent transmission as a result of those who are acutely infected and unaware of their status4 7#aj7 ,the identity of an individual subject to an ,,hiv-based prosecution is broadcast through media reports1 potentially destroying employment opportunities and relationships and violating the person's right to privacy4 7#aa7 ,individuals who are convicted after an ,,hiv-based prosecution often must register as sex offenders even in cases involving consensual sexual activity4 ,their employability is destroyed1 and their family relationships are fractured4 7#ab7 ,the ,united ,nations1 including the ,joint ,united ,nations ,programme on ,,hiv_/,,aids 7,,unaids71 urges governments to limit criminalization to cases of intentional transmission4 ,this requirement would limit prosecutions to situations where a person knows his or her ,,hiv-positive status1 acts with the intention to transmit ,,hiv1 and does in fact transmit it4 ,,unaids also recommends that criminal law should not be applied to cases where there is no significant risk of transmission4 7#ac7 ,in #bjaj1 the ,federal ,government released the first ever ,national ,,hiv_/,,aids ,strategy 7,,nhas71 which addressed ,,hiv-specific criminal laws1 stating3 ,while we understand the intent behind these laws1 they may not have the desired effect and they may make people less willing to disclose their status by making people feel at even greater risk of discrimination4 ,in some cases1 it may be appropriate for legislators to reconsider whether existing laws continue to further the public interest and public health4 ,in many instances1 the continued existence and enforcement of these types of laws run counter to scientific evidence about routes of ,,hiv transmission and may undermine the public health goals of promoting ,,hiv screening and treatment44 ,the ,,nhas also states that ,state legislatures should consider reviewing ,,hiv-specific criminal statutes to ensure that they are consistent with current knowledge of ,,hiv transmission and support public health approaches to preventing and treating ,,hiv4 7#ad7 ,the ,global ,commission on ,,hiv and the ,law was launched in ,june #bjaj to examine laws and practices that criminalize people living with and vulnerable to ,,hiv and to develop evidence-based recommendations for effective ,,hiv responses4 ,the ,commission calls for governments1 civil society and international bodies to repeal punitive laws and enact laws that facilitate and enable effective responses to ,,hiv prevention1 care and treatment services for all who need them4 ,the ,commission recommends against the enactment of laws that explicitly criminalize ,,hiv transmission1 exposure or non-disclosure of ,,hiv status1 which are counterproductive4 7#ae7 ,in ,february #bjai1 the ,department of ,health and ,human ,services 7,,hhs7 launched 8,ending the ,,hiv ,epidemic3 ,a ,plan for ,america10 a new initiative with an ambitious goal to end the domestic ,,hiv epidemic in ten years by reducing new cases of ,,hiv by #ge percent by #bjbe and by #ij percent by #bjcj4 ,in this plan1 ,,hhs notes that stigma 8can be a debilitating barrier preventing people living with1 or at risk for1 ,,hiv from receiving the health care1 services1 and respect they need and deserve40 ,many of the ,states and jurisdictions identified as a priority for the first five years of the plan have stigma-based criminal statutes for perceived exposure to ,,hiv4 ,these statutes run counter to the goals of this new initiative and stand in the way of ending the domestic ,,hiv epidemic4 #bbgjc4 ,sense of ,congress regarding laws or regulations directed at people living with ,,hiv ,it is the sense of ,congress that ,federal and ,state laws1 policies1 and regulations regarding people living with ,,hiv-- 7#a7 should not place unique or additional burdens on such individuals solely as a result of their ,,hiv status2 and 7#b7 should instead demonstrate a public health-oriented1 evidence-based1 medically accurate1 and contemporary understanding of-- 7,a7 the multiple factors that lead to ,,hiv transmission2 7,b7 the relative risk of demonstrated ,,hiv transmission routes2 7,c7 the current health implications of living with ,,hiv2 7,d7 the associated benefits of treatment and support services for people living with ,,hiv2 and 7,e7 the impact of punitive ,,hiv-specific laws1 policies1 regulations1 and judicial precedents and decisions on public health1 on people living with or affected by ,,hiv1 and on their families and communities4 #bbgjd4 ,review of ,federal and ,state laws 7a7 ,review of ,federal and ,state laws 7#a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,attorney ,general1 the ,secretary of ,health and ,human ,services1 and the ,secretary of ,defense acting jointly 7in this section referred to as the designated officials7 shall initiate a national review of ,federal and ,state laws1 policies1 regulations1 and judicial precedents and decisions regarding criminal and related civil commitment cases involving people living with ,,hiv_/,,aids1 including in regard to the ,uniform ,code of ,military ,justice 7,,ucmj74 7#b7 ,consultation ,in carrying out the review under paragraph 7#a71 the designated officials shall seek to include diverse participation from1 and consultation with1 each of the following3 7,a7 ,each ,state4 7,b7 ,state attorneys general 7or their representatives74 7,c7 ,state public health officials 7or their representatives74 7,d7 ,state judicial and court system officers1 including judges1 district attorneys1 prosecutors1 defense attorneys1 law enforcement1 and correctional officers4 7,e7 ,members of the ,united ,states ,armed ,forces1 including members of other ,federal services subject to the ,,ucmj4 7,f7 ,people living with ,,hiv_/,,aids1 particularly those who have been subject to ,,hiv-related prosecution or who are from minority communities whose members have been disproportionately subject to ,,hiv-specific arrests and prosecution4 7,g7 ,legal advocacy and ,,hiv_/,,aids service organizations that work with people living with ,,hiv_/,,aids4 7,h7 ,nongovernmental health organizations that work on behalf of people living with ,,hiv_/,,aids4 7,i7 ,trade organizations or associations representing persons or entities described in subparagraphs 7,a7 through 7,g74 7#c7 ,relation to other reviews ,in carrying out the review under paragraph 7#a71 the designated officials may utilize other existing reviews of criminal and related civil commitment cases involving people living with ,,hiv1 including any such review conducted by any ,federal or ,state agency or any public health1 legal advocacy1 or trade organization or association if the designated officials determines that such reviews were conducted in accordance with the principles set forth in section #bbijc4 7b7 ,report ,not later than #ahj days after initiating the review required by subsection 7a71 the ,attorney ,general shall transmit to the ,congress and make publicly available a report containing the results of the review1 which includes the following3 7#a7 ,for each ,state and for the ,,ucmj1 a summary of the relevant laws1 policies1 regulations1 and judicial precedents and decisions regarding criminal cases involving people living with ,,hiv1 including the following3 7,a7 ,a determination of whether such laws1 policies1 regulations1 and judicial precedents and decisions place any unique or additional burdens upon people living with ,,hiv4 7,b7 ,a determination of whether such laws1 policies1 regulations1 and judicial precedents and decisions demonstrate a public health-oriented1 evidence-based1 medically accurate1 and contemporary understanding of-- 7i7 the multiple factors that lead to ,,hiv transmission2 7ii7 the relative risk of ,,hiv transmission routes1 including that a person that has an undetectable viral load cannot transmit the disease2 7iii7 the current health implications of living with ,,hiv2 7iv7 the current status of providing protection to people who engage in survival sex work against whom condom possession has been used as evidence to intent to commit a crime2 7v7 ,states that have the classification of mandatory sex offenders2 7vi7 the associated benefits of treatment and support services for people living with ,,hiv2 and 7vii7 the impact of punitive ,,hiv-specific laws and policies on public health1 on people living with or affected by ,,hiv1 and on their families and communities1 including people who are in abusive1 dependent1 violent1 and non-consensual relationships and are unable to both negotiate the use of condoms and status disclosure4 7,c7 ,an analysis of the public health and legal implications of such laws1 policies1 regulations1 and judicial precedents and decisions1 including an analysis of the consequences of having a similar penal scheme applied to comparable situations involving other communicable diseases4 7,d7 ,an analysis of the proportionality of punishments imposed under ,,hiv-specific laws1 policies1 regulations1 and judicial precedents1 taking into consideration penalties attached to violation of ,state laws against similar degrees of endangerment or harm1 such as driving while intoxicated 7,,dwi7 or transmission of other communicable diseases1 or more serious harms1 such as vehicular manslaughter offenses4 7#b7 ,an analysis of common elements shared between ,state laws1 policies1 regulations1 and judicial precedents4 7#c7 ,a set of best practice recommendations directed to ,state governments1 including ,state attorneys general1 public health officials1 and judicial officers1 in order to ensure that laws1 policies1 regulations1 and judicial precedents regarding people living with ,,hiv are in accordance with the principles set forth in section #bbijc4 7#d7 ,recommendations for adjustments to the ,,ucmj1 including discontinuing the use of a service member's ,,hiv diagnosis as the basis for prosecution1 enhanced penalties1 or discharge from military service1 in order to ensure that laws1 policies1 regulations1 and judicial precedents regarding people living with ,,hiv are in accordance with the principles set forth in section #bbijc4 ,such recommendations should include any necessary and appropriate changes to ,orders to ,follow ,preventative ,medicine ,requirements4 7c7 ,guidance ,within #ij days of the release of the report required by subsection 7b71 the ,attorney ,general and the ,secretary of ,health and ,human ,services1 acting jointly1 shall develop and publicly release updated guidance for ,states based on the set of best practice recommendations required by subsection 7b77#c7 in order to assist ,states dealing with criminal and related civil commitment cases regarding people living with ,,hiv4 7d7 ,monitoring and evaluation system ,within #fj days of the release of the guidance required by subsection 7c71 the ,attorney ,general and the ,secretary of ,health and ,human ,services1 acting jointly1 shall establish an integrated monitoring and evaluation system which includes1 where appropriate1 objective and quantifiable performance goals and indicators to measure progress toward statewide implementation in each ,state of the best practice recommendations required in subsection 7b77#c74 7e7 ,modernization of ,federal laws1 policies1 and regulations ,within #ij days of the release of the report required by subsection 7b71 the designated officials shall develop and transmit to the ,president and the ,congress1 and make publicly available1 such proposals as may be necessary to implement adjustments to ,federal laws1 policies1 or regulations1 including to the ,uniform ,code of ,military ,justice1 based on the recommendations required by subsection 7b77#d71 either through ,executive order or through changes to statutory law4 #bbgje4 ,rule of construction ,nothing in this subtitle shall be construed to discourage the prosecution of individuals who intentionally transmit or attempt to transmit ,,hiv to another individual4 #bbgjf4 ,no additional appropriations authorized ,this subtitle shall not be construed to increase the amount of appropriations that are authorized to be appropriated for any fiscal year4 #bbgjg4 ,definitions ,for purposes of this subtitle3 7#a7 ,,hiv and ,,hiv_/,,aids ,the terms ,,hiv and ,,hiv_/,,aids have the meanings given to them in section #bfhi of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;ff-#hh74 7#b7 ,state ,the term ,state includes the ,district of ,columbia1 ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 ,guam1 ,puerto ,rico1 and the ,united ,states ,virgin ,islands4 ,,aa ,pandemic ,community ,reserve and ,public ,health ,response ,act #bbhja4 ,short title ,this ,act may be cited as the ,pandemic ,community ,reserve and ,public ,health ,response ,act4 #bbhjb4 ,grants to increase federal public health reserve corps personnel 7a7 ,in general ,not later than #cj days after the date of the enactment of this ,act1 the ,secretary of ,health and ,human ,services shall-- 7#a7 award grants to ,state1 local1 and ,tribal public health departments to train and equip public health and medical personnel to serve as ,federal public health reserve corps personnel to assist with testing1 contact tracing1 and treatment of ,,covid-#ai2 7#b7 reactivate retired personnel of any such corps to assist with such testing1 contact tracing1 and treatment of ,,covid-#ai2 and 7#c7 in consultation with the ,secretary of ,labor1 award grants to local workforce development boards established under section #ajg of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cabb7 to develop transition plans 7including career exposure1 career planning1 and career pathways7 and transferable credits and certifications for ,federal public health reserve corps personnel to pursue further service in a health-related career4 7b7 ,funds ,a ,state1 local1 or ,tribal health department that receives a grant under this section may use funds received through the grant awarded under subsection 7a77#a7 to establish partnerships with medical training and public health programs1 such as medical schools1 nursing schools1 respiratory therapy programs1 and community-based organizations1 to recruit individuals to serve as ,federal public health reserve corps personnel4 7c7 ,priority ,in establishing partnerships under subsection 7b71 a ,state1 local1 or ,tribal health department that receives a grant under this section shall give priority to institutions eligible to receive funding under section #cga of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq74 7d7 ,training ,the ,secretary of ,health and ,human ,services shall establish1 in consultation with the ,secretary of ,defense1 a national training program 7in digital and in-person formats7 for individuals serving as ,federal public health reserve corps personnel with respect to responding to ,,covid-#ai1 including necessary surge capacity and activation on short notice in local communities1 including hot spot areas with #ajj or more ,,covid-#ai hospital admissions4 ,any certification received for completion of any such training shall not supersede any training required under ,state law for public health personnel4 7e7 ,reports ,not later than #a year after the date on which the emergency period 7as defined in section #aace7;g77#a77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;b-#e7;g77#a77;,b777 ends1 and annually thereafter1 the ,secretary of ,health and ,human ,services shall submit to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate a report on the state of the ,federal public health reserve corps1 including-- 7#a7 the rate of participation by members of racial and ethnic minority groups in such corps2 7#b7 specific occupations of corps personnel2 7#c7 careers attained after service in the corps2 and 7#d7 specific recommendations on the amount of funding necessary for successful deployment of ,federal heath reserve corps personnel during public health emergencies4 7f7 ,federal public health reserve corp ,in this section1 the term ,federal public health reserve corps includes-- 7#a7 ,federal public health and medical personnel under the authority of the ,secretary1 including the ,ready ,reserve ,corps1 the ,regular ,corps1 the ,national ,disaster ,medical ,system1 the ,medical ,reserve ,corps1 and the ,emergency ,system for ,advance ,registration of ,volunteer ,health ,professionals2 7#b7 personnel of the ,federal ,emergency ,management ,agency appointed under section #cjf7;c7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eadi72 7#c7 personnel of the ,pandemic ,community ,reserve ,corps2 and 7#d7 members of the ,national ,guard4 7g7 ,state defined ,in this section1 the term ,state has the meaning given that term in section #aja of title #ch1 ,united ,states ,code4 7h7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section #be1jjj1jjj1jjj to remain available until expended4 #bbhjc4 ,grants to establish pandemic community reserve corps 7a7 ,in general ,not later than #cj days after the date of the enactment of this ,act1 the ,secretary of ,health and ,human ,services1 in consultation with the ,office of ,minority ,health and ,health ,equity of the ,centers for ,disease ,control and ,prevention1 shall award grants to ,state1 local1 and ,tribal public health departments to establish and operate a ,pandemic ,community ,reserve ,corps within the jurisdiction of such ,state1 local1 or ,tribal public health department for the purposes of-- 7#a7 increasing diversity in recruitment of reserve corps personnel2 7#b7 ensuring a locally-sourced public health workforce to supplement the existing ,state and ,federal public health infrastructure2 and 7#c7 assisting with testing1 contact tracing1 and treatment of ,,covid-#ai4 7b7 ,conditions ,the ,secretary of ,health and ,human ,services shall1 as a condition on the receipt of a grant under this section1 require that a ,state1 local1 or ,tribal public health department that receives a grant under this section-- 7#a7 requires that personnel of the ,pandemic ,community ,reserve ,corps complete training under the national program established under section #a7;d72 and 7#b7 in establishing and operating a ,pandemic ,community ,reserve ,corps1 gives priority to dislocated workers1 the underemployed1 youth1 veterans1 and individuals with barriers to employment4 7c7 ,reports 7#a7 ,reports to secretary ,not later than #a year after the date on which the first grant is awarded under this section1 and annually thereafter1 each ,state1 local1 and ,tribal public health department receiving such a grant shall submit to the ,secretary of ,health and ,human ,services a report on the state of the ,pandemic ,community ,reserve ,corps within the jurisdiction of such ,state1 local1 or ,tribal public health department1 including-- 7,a7 the rate of participation by members of racial and ethnic minority groups in such corps2 7,b7 specific occupations of corps personnel2 7,c7 careers attained after service in the corps2 and 7,d7 specific recommendations on the amount of funding necessary for successful deployment of ,pandemic ,community ,reserve ,corps personnel during public health emergencies4 7#b7 ,report to congress ,not later than #a year after the date on which the emergency period 7as defined in section #aace7;g77#a77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;b-#e7;g77#a77;,b777 ends1 and annually thereafter1 the ,secretary of ,health and ,human ,services shall submit to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate a report on the state of the ,pandemic ,community ,reserve ,corps receiving funding pursuant to this section1 including the information specified in each of subparagraphs 7,a7 through 7,d7 of paragraph 7#a74 7d7 ,definitions ,in this section3 7#a7 ,locally-sourced ,the term locally-sourced means1 with respect to personnel of a ,pandemic ,community ,reserve ,corps established pursuant to subsection 7a71 individuals residing within the community or communities served by that ,pandemic ,community ,reserve ,corps that reflect the diversity of such community or communities4 7#b7 ,state ,the term ,state has the meaning given that term in section #aja of title #ch1 ,united ,states ,code4 7e7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section #ej1jjj1jjj1jjj to remain available until expended4 ,,bb ,researching and ,ending ,disparities by ,understanding ,creating ,equity ,act of #bjbj #bbija4 ,short title ,this ,act may be cited as the ,researching and ,ending ,disparities by ,understanding and ,creating ,equity ,act of #bjbj or the ,,reduce ,act of #bjbj4 #bbijb4 ,health in all policies demonstration project 7a7 ,in general ,the ,secretary of ,health and ,human ,services 7in this section referred to as the ,secretary7 acting through the ,director of the ,centers for ,disease ,control and ,prevention and in coordination with relevant agencies including the ,department of ,education1 the ,department of ,agriculture1 the ,department of ,housing and ,urban ,development1 the ,department of ,justice1 the ,department of ,labor1 the ,environmental ,protection ,agency1 and the ,department of ,transportation1 shall implement a grant program1 to be known as the ,health in ,all ,policies ,demonstration ,project4 7b7 ,grants ,in carrying out subsection 7a71 the ,secretary shall award grants to eligible entities to establish1 implement1 or enhance1 in the jurisdiction of the respective entity1 a collaborative1 interdisciplinary1 and community-focused approach to improve the health of all communities and individuals that-- 7#a7 integrates and articulates health considerations in policymaking across sectors2 7#b7 addresses-- 7,a7 health2 7,b7 equity2 and 7,c7 sustainability2 and 7#c7 targets a significant proportion of ,medicare beneficiaries1 ,medicare-,medicaid dual eligibles1 or long-term care ,medicaid recipients4 7c7 ,evaluation ,the ,secretary shall identify metrics for evaluating the implementation of a grant under this section and1 using such metrics1 evaluate each grantee on the extent to which the approach implemented through the grant-- 7#a7 supports intersectoral collaboration2 7#b7 benefits multiple partners2 7#c7 engages stakeholders2 7#d7 creates structural or procedural change2 7#e7 impacts or relates to a model or demonstration project administered by the ,centers for ,medicare ,medicaid ,services1 such as an advanced payment model2 and 7#f7 provides cost savings1 delivers efficiencies1 and improves overall health1 including health disparity reduction and health equity improvements4 7d7 ,eligibility ,to be eligible to receive a grant under this section1 an entity shall-- 7#a7 be a ,state1 territory1 ,indian ,tribe1 or local governmental entity2 and 7#b7 submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require4 7e7 ,prioritization2 geographical diversity ,in awarding grants under this section1 the ,secretary shall-- 7#a7 give priority to eligible entities seeking to use a grant to improve1 as described in subsection 7b71 the health of populations that-- 7,a7 are target populations described in subsection 7b77#c72 and 7,b7 have significant health inequities throughout the populations2 and 7#b7 seek to ensure geographical diversity among grantees4 7f7 ,reports by grantees ,as a condition on receipt of a grant under this section1 the ,secretary shall require grantees to-- 7#a7 provide a report to the ,secretary upon completion of the ,health in ,all ,policies ,demonstration ,project2 and 7#b7 include in such report the extent to which the approach implemented achieved the goals listed in paragraphs 7#a7 through 7#f7 of subsection 7c74 7g7 ,report to congress 7#a7 ,submission ,the ,secretary shall submit to ,congress-- 7,a7 not later than one year after the date of enactment of this ,act1 an initial report on the ,health in ,all ,policies ,demonstration ,project2 and 7,b7 not later than one year after the completion of the project1 a final report on the project4 7#b7 ,contents of initial report ,the report under paragraph 7#a77;,a7 shall include-- 7,a7 evaluation the success of soliciting applications2 7,b7 identification of the number of applications received2 7,c7 specification of the timeline for awarding funding2 and 7,d7 identification of barriers to implementing the ,health in ,all ,policies ,demonstration ,project1 if any4 7#c7 ,contents of final report ,the report under paragraph 7#a77;,b7 shall include-- 7,a7 an assessment of the ,health in ,all ,policies ,demonstration ,project1 including an evaluation of the effectiveness of the ,demonstration ,project2 and 7,b7 recommendations for ,federal legislative actions to-- 7i7 integrate1 based on such assessment1 a collaborative and interdisciplinary approach to improve the health of all communities2 and 7ii7 support eligible entities in pursuing a comparable integration of such an approach across ,state programs4 7h7 ,definitions ,in this section3 7#a7 ,the term ,medicare beneficiaries means individuals entitled to part ,a of title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;c et seq47 and enrolled under part ,b of such title 7#db ,u4,s4,c4 #acie;j et seq474 7#b7 ,the term ,medicare-,medicaid dual eligibles means individuals who are dually eligible for benefits under title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #acie et seq47 and title ,,xix of such ,act 7#db ,u4,s4,c4 #acif et seq474 7i7 ,authorization of appropriations ,to carry out this section1 there is authorized to be appropriated #b1jjj1jjj for the period of fiscal years #bjba through #bjbd4 #bbijc4 ,national academies of sciences1 engineering1 and medicine report 7a7 ,in general ,the ,secretary of ,health and ,human ,services shall seek to enter into an arrangement1 not later than #fj days after the date of enactment of this ,act1 with the ,national ,academies of ,sciences1 ,engineering1 and ,medicine 7or if the ,academies decline to enter into such arrangement1 another appropriate entity7 under which the ,academies 7or other appropriate entity7 agrees to prepare a report on eliminating health disparities to improve health equity4 7b7 ,report 7#a7 ,contents ,the report prepared pursuant to subsection 7a7 shall-- 7,a7 review evidence on how social determinants of health affect health outcomes among middle-income ,medicare beneficiaries and ,medicare-,medicaid dual eligibles2 7,b7 examine successful interventions1 including with respect to health outcomes1 that address social determinants of health 7including transportation1 meals1 housing1 access to health care1 personal care assistance1 and access to long-term services and supports71 reduce health disparities1 and improve health equity2 7,c7 make conclusions regarding-- 7i7 the effectiveness of existing programs and policies of the ,centers for ,medicare ,medicaid ,services intended to reduce health disparities2 7ii7 best practices and successful strategies that reduce health disparities2 and 7iii7 efforts needed to address health disparities related to health care workforce shortages2 and 7,d7 make recommendations regarding-- 7i7 priorities for health disparities interventions within ,federal health care programs2 and 7ii7 potential opportunities for expansion or replication of successful interventions and payment models to reduce health disparities and improve health equity4 7#b7 ,submission ,the arrangement under subsection 7a7 shall require the ,national ,academies of ,sciences1 ,engineering1 and ,medicine 7or other appropriate entity71 not later than #ah months after entering into such arrangement1 to finalize the report prepared pursuant to such arrangement and submit such report to the ,committees on ,energy and ,commerce and ,ways and ,means of the ,house of ,representatives and the ,committees on ,finance and ,health1 ,education1 ,labor1 and ,pensions of the ,senate4 7c7 ,definitions ,in this section3 7#a7 ,the term health equity means a ,state where all individuals are able to attain their full health potential and no one is hindered from achieving this potential due to social position or another socially determined circumstance4 7#b7 ,the term middle-income ,medicare beneficiaries means individuals entitled to part ,a of title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;c et seq47 and enrolled under part ,b of such title 7#db ,u4,s4,c4 #acie;j et seq47 who have an income that is not below #abe percent of the poverty line applicable to a family of the size involved1 but not more than #djj percent of the poverty line so applicable4 7#c7 ,the term ,medicare-,medicaid dual eligibles means individuals who are dually eligible for benefits under title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #acie et seq47 and title ,,xix of such ,act 7#db ,u4,s4,c4 #acif et seq474 7#d7 ,the term social determinants of health refers to the conditions in the environments in which people live1 learn1 work1 play1 worship1 and age that affect a wide range of health1 functioning1 and quality-of-life outcomes and risks4 ,,cc ,study1 ,treat1 ,observe and ,prevent ,neglected ,diseases of ,poverty act 7short title ,,stop ,neglected ,diseases of ,poverty ,act7 #bcjja4 ,short title ,this ,act may be cited as the ,study1 ,treat1 ,observe1 and ,prevent ,neglected ,diseases of ,poverty ,act or the ,,stop ,neglected ,diseases of ,poverty ,act4 #bcjjb4 ,findings ,congress finds as follows3 7#a7 ,neglected diseases of poverty1 many of which are also known as neglected tropical diseases1 are a group of diseases that disproportionately affect vulnerable populations living in extreme poverty4 7#b7 ,more than #a1jjj1jjj1jjj people worldwide are affected by neglected diseases of poverty4 7#c7 ,neglected diseases of poverty can be transmitted-- 7,a7 through contaminated food1 water1 and soil2 7,b7 through parasites1 insects1 blood transfusion1 and organ transplant2 and 7,c7 in some cases1 congenitally4 7#d7 ,neglected diseases of poverty have a high rate of morbidity and mortality and can lead to health complications such as heart disease1 epilepsy1 asthma1 blindness1 developmental delays1 stillbirth1 low birthweight1 and gastrointestinal disorders4 7#e7 ,some neglected diseases of poverty can be asymptomatic at the outset1 but debilitating or dangerous symptoms can emerge over time or under certain conditions1 such as pregnancy4 ,it is estimated that millions of people are living with these diseases and are not aware that they are infected4 7#f7 ,for tens of thousands of individuals1 diseases of poverty that are chronic and neglected can manifest into severe illness later in life4 7#g7 ,neglected diseases of poverty place a significant financial burden on affected individuals and communities due to the health care costs associated with these diseases and because these diseases limit individuals' productivity and ability to be active contributors to their communities4 ,this burden could largely be prevented through early screening and treatment1 which are highly cost effective4 7#h7 ,since its inception in #bjjf1 the ,neglected ,tropical ,diseases ,program at the ,united ,states ,agency for ,international ,development and its partners1 including the ,centers for ,disease ,control and ,prevention1 have delivered more than #a1fjj1jjj1jjj treatments to more than #gdc1jjj1jjj people4 7#i7 ,due to the support provided by the ,united ,states ,agency for ,international ,development and its partners1 #adj1jjj1jjj people live in regions where they are no longer at risk of contracting lymphatic filariasis1 and #fe1jjj1jjj people live in regions where they are no longer at risk of contracting trachoma4 7#aj7 ,although the exact prevalence and burden of these diseases in the ,united ,states is unknown because of stigma and limited reporting1 surveillance1 and awareness1 one study estimates that there are #ab1jjj1jjj individuals living with a neglected disease of poverty throughout the country4 ,these diseases disproportionately affect racial and ethnic minorities living in poverty and in regions where water quality and sanitation are substandard4 7#aa7 ,the major neglected diseases of poverty in the ,united ,states that predominantly occur among those living in poverty are the following3 ,toxo-cariasis1 cysticercosis1 ,chagas disease1 toxoplasmosis1 trichomoniasis1 and ,dengue ,fever4 7#ab7 ,there is a lack of diagnostic and treatment programs1 including for early diagnosis and treatment1 for neglected diseases of poverty4 ,these programs would be highly cost effective and would significantly reduce the burden of morbidity and mortality of these diseases4 7#ac7 ,funding for research1 preventive strategies1 and the development of treatments and diagnostic tests for neglected diseases of poverty in the ,united ,states is limited4 #bcjjc4 ,sense of congress ,it is the sense of ,congress that there is a need to study the prevalence and incidence of neglected diseases of poverty in the ,united ,states1 identify preventive methods to combat neglected diseases of poverty1 conduct research that will lead to more treatments and diagnostic tests for neglected diseases of poverty1 and supply health care providers1 public health professionals1 and affected individuals and communities with educational resources on neglected diseases of poverty4 #bcjjd4 ,definition of neglected diseases of poverty ,in this ,act1 the term neglected diseases of poverty has the meaning given such term in section #cii,,oo7e7 of the ,public ,health ,service ,act1 as added by section #bcjje4 #bcjje4 ,programs relating to neglected diseases of poverty ,title ,,iii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bda et seq47 is amended by adding at the end the following3 ,w ,programs ,relating to ,neglected ,diseases of ,poverty in the ,united ,states #cii,,oo4 ,interagency task force on neglected diseases of poverty in the united states 7a7 ,establishment ,not later than #ahj days after the date of enactment of the ,study1 ,treat1 ,observe1 and ,prevent ,neglected ,diseases of ,poverty ,act1 the ,secretary shall establish an ,interagency ,task ,force on ,neglected ,diseases of ,poverty in the ,united ,states to provide advice and recommendations to the ,secretary and ,congress to prevent1 treat1 and diagnose neglected diseases of poverty in the ,united ,states4 7b7 ,members ,the task force shall be comprised of representatives of-- 7#a7 the ,department of ,health and ,human ,services1 including the ,assistant ,secretary for ,health and representatives from the ,centers for ,disease ,control and ,prevention1 the ,food and ,drug ,administration1 the ,health ,resources and ,services ,administration1 the ,national ,institutes of ,health1 and the ,biomedical ,advanced ,research and ,development ,authority2 7#b7 the ,department of ,state2 7#c7 the ,united ,states ,agency for ,international ,development2 7#d7 the ,department of ,agriculture2 7#e7 the ,department of ,housing and ,urban ,development2 7#f7 the ,environmental ,protection ,agency2 and 7#g7 any other ,federal agency that has jurisdiction over1 or is affected by1 neglected diseases of poverty policies and projects1 as determined by the ,secretary4 7c7 ,initial report 7#a7 ,in general ,not later than #ahj days after the date of enactment of the ,study1 ,treat1 ,observe1 and ,prevent ,neglected ,diseases of ,poverty ,act1 the task force shall submit a report to the ,secretary based on a review of relevant literature to identify gaps in efforts1 and guide future efforts1 to prevent1 identify1 and treat neglected diseases of poverty in the ,united ,states1 particularly toxocariasis1 cysticercosis1 ,chagas disease1 toxoplasmosis1 trichomoniasis1 and ,dengue ,fever4 ,the report shall include a summary of findings with respect to-- 7,a7 estimated prevalence of neglected diseases of poverty in the ,united ,states2 7,b7 geographic distribution and major distribution routes of neglected diseases of poverty in the ,united ,states2 7,c7 disparities with respect to the burden of neglected diseases of poverty in the ,united ,states2 7,d7 risk factors for neglected diseases of poverty in the ,united ,states2 7,e7 existing tools for surveillance1 prevention1 diagnosis1 and treatment of neglected diseases of poverty in the ,united ,states2 7,f7 barriers to access to information and tools for surveillance1 prevention1 diagnosis1 and treatment of neglected diseases of poverty in the ,united ,states2 7,g7 comorbidities associated with neglected diseases of poverty in the ,united ,states2 7,h7 awareness among health care providers and public health professionals regarding neglected diseases of poverty in the ,united ,states2 7,i7 public awareness of neglected diseases of poverty in the ,united ,states1 particularly among high-risk groups2 7,j7 the economic burden of neglected diseases of poverty in the ,united ,states2 and 7,k7 strategies and lessons learned from the ,united ,states ,agency for ,international ,development ,neglected ,tropical ,diseases ,program1 particularly those that are most applicable to efforts to prevent1 diagnose1 and treat neglected diseases of poverty in the ,united ,states4 7#b7 ,consultation ,in developing the initial report under paragraph 7#a71 the task force shall consult with appropriate external parties1 including ,states1 local communities1 scientists1 researchers1 health care providers and public health professionals1 and national and international nongovermental organizations4 7d7 ,duties ,the task force shall-- 7#a7 review and evaluate the current actions and future plans of each applicable agency represented on the task force as described in subsection 7b7 to prevent1 diagnose1 and treat neglected diseases of poverty in the ,united ,states2 7#b7 identify current and potential areas of partnership and coordination between ,federal agencies and develop a unified implementation plan to prevent1 diagnose1 and treat neglected diseases of poverty in the ,united ,states2 7#c7 make efforts to apply applicable strategies and lessons learned from the ,united ,states ,agency for ,international ,development ,neglected ,tropical ,diseases ,program when developing the implementation plan under paragraph 7#b72 7#d7 establish specific goals within and across ,federal agencies to prevent1 diagnose1 and treat neglected diseases of poverty in the ,united ,states1 including metrics to assess progress towards reaching those goals2 7#e7 coordinate plans to communicate research and relevant accomplishments across ,federal agencies and with ,states and local communities relating to the prevention1 diagnosis1 and treatment of neglected diseases of poverty2 7#f7 develop consensus guidelines for health care providers and public health professionals for the prevention1 diagnosis1 and treatment of toxocariasis1 cysticercosis1 ,chagas disease1 toxoplasmosis1 trichomoniasis1 ,dengue ,fever1 and other neglected diseases of poverty2 7#g7 biannually make recommendations to ,congress on strategies for the development of affordable tools to prevent1 diagnose1 and treat neglected diseases of poverty1 including drugs1 diagnostics1 and vaccines2 and 7#h7 in developing the guidelines and recommendations under paragraphs 7#f7 and 7#g71 consult with external parties1 including ,states1 local communities1 scientists1 researchers1 health care providers and public health professionals1 national and international nongovernmental organizations1 and centers of excellence with expertise in neglected diseases of poverty1 including the centers of excellence described in section #cii,,oo-#e4 7e7 ,definition of neglected diseases of poverty ,in this part1 the term neglected diseases of poverty-- 7#a7 means chronic and disabling diseases that are caused by parasites1 bacteria1 and other pathogens and that primarily impact people living in extreme poverty2 and 7#b7 includes the following3 7,a7 ,chagas disease4 7,b7 ,cysticercosis4 7,c7 ,toxocariasis4 7,d7 ,toxoplasmosis4 7,e7 ,trichomoniasis4 7,f7 ,dengue ,fever4 7,g7 ,other neglected tropical diseases1 including those defined by the ,world ,health ,organization1 such as the following3 7i7 ,buruli ulcer4 7ii7 ,chikungunya4 7iii7 ,dracunculiasis4 7iv7 ,echinococcosis4 7v7 ,foodborne trematodiases4 7vi7 ,human ,african trypanosomiasis4 7vii7 ,leishmaniases4 7viii7 ,leprosy4 7ix7 ,lymphatic filariasis4 7x7 ,mycetoma4 7xi7 ,onchocerciasis4 7xii7 ,rabies4 7xiii7 ,schistosomiasis4 7xiv7 ,soil-transmitted helminthiases4 7xv7 ,taeniasis and neurocysticercosis4 7xvi7 ,trachoma4 7xvii7 ,yaws4 #cii,,oo-#a4 ,surveillance regarding neglected diseases of poverty in the united states 7a7 ,in general ,the ,secretary1 acting through the ,director of the ,centers for ,disease ,control and ,prevention1 shall award grants to ,states to carry out activities relating to implementing a surveillance system to determine the prevalence1 incidence1 and distribution of neglected diseases of poverty1 particularly those that most impact individuals in the ,united ,states1 including toxocariasis1 cysticercosis1 ,chagas disease1 toxoplasmosis1 trichomoniasis1 and ,dengue ,fever4 7b7 ,considerations ,in awarding grants under subsection 7a71 the ,secretary shall use the findings in the initial report of the ,interagency ,task ,force on ,neglected ,diseases of ,poverty in the ,united ,states under section #cii,,oo7c7 to identify and prioritize geographic locations and communities that have the highest estimated prevalence of1 or have populations at greatest risk of acquiring1 neglected diseases of poverty1 particularly those described in subsection 7a74 #cii,,oo-#b4 ,support for individuals at risk for neglected diseases of poverty 7a7 ,in general ,the ,secretary1 acting through the ,director of the ,centers for ,disease ,control and ,prevention1 shall award grants or cooperative agreements to ,federally qualified health centers to implement and analyze the guidelines developed under section #cii,,oo7d77#f74 7b7 ,initial awards ,the ,secretary shall-- 7#a7 using the findings in the initial report of the ,interagency ,task ,force on ,neglected ,diseases of ,poverty in the ,united ,states under section #cii,,oo7c71 identify the geographic locations in the ,united ,states that have the highest estimated prevalence of1 or have populations at greatest risk of acquiring1 neglected diseases of poverty1 particularly those that most impact individuals in the ,united ,states1 including toxocariasis1 cysticercosis1 ,chagas disease1 toxoplasmosis1 trichomoniasis1 and ,dengue ,fever2 and 7#b7 prioritize ,federally qualified health centers located in such geographic locations in awarding initial grants or cooperative agreements under subsection 7a74 7c7 ,definition of federally qualified health center ,in this section1 the term ,federally qualified health center has the meaning given the term in section #ahfa7;aa7 of the ,social ,security ,act4 #cii,,oo-#c4 ,education of medical and public health personnel and the public regarding neglected diseases of poverty in the united states ,the ,secretary shall consult with the ,assistant ,secretary for ,health1 the ,director of the ,centers for ,disease ,control and ,prevention1 and the ,administrator of the ,health ,resources and ,services ,administration1 professional organizations and societies1 and such other public health officials as may be necessary1 including the centers of excellence described in section #cii,,oo-#e1 to-- 7#a7 develop and implement educational programs to increase the awareness of health care providers and public health professionals with respect to the risk factors1 signs1 and symptoms of neglected diseases of poverty and strategies to prevent1 diagnose1 and treat such diseases2 and 7#b7 develop and implement educational programs to increase the awareness of the public with respect to the risk factors1 signs1 and symptoms of neglected diseases of poverty and strategies to prevent such diseases4 #cii,,oo-#d4 ,research and development of new drugs1 vaccines1 and diagnostics ,consistent with the recommendations of the ,interagency ,task ,force on ,neglected ,diseases of ,poverty in the ,united ,states established under section #cii,,oo1 the ,secretary shall1 directly or through awards of grants or cooperative agreements to public or private entities1 provide for the conduct of research1 investigations1 experiments1 demonstrations1 and studies1 including late-stage and translational research1 in the health sciences that are related to-- 7#a7 the development of affordable therapeutics1 including vaccines1 against neglected diseases of poverty2 and 7#b7 the development of affordable medical point-of-care diagnostics to detect neglected diseases of poverty4 #cii,,oo-#e4 ,neglected diseases of poverty centers of excellence 7a7 ,establishment ,the ,secretary1 acting jointly through the ,director of the ,national ,institutes of ,health1 may enter into cooperative agreements with1 and make grants to1 public or private nonprofit entities to pay all or part of the cost of planning1 establishing1 or strengthening1 and providing basic operating support for1 one or more centers of excellence for research into1 training in1 and development of diagnosis1 prevention1 control1 and treatment methods for neglected diseases of poverty in the ,united ,states1 including tools to support prevention4 7b7 ,eligibility ,to be eligible to receive a cooperative agreement or grant under subsection 7a71 an entity shall have a demonstrated record of research on neglected diseases of poverty4 7c7 ,coordination ,the ,secretary shall ensure that activities under this section are coordinated with similar activities of the ,federal ,government relating to neglected diseases of poverty1 including the task force established under section #cii,,oo4 7d7 ,use of funds ,a cooperative agreement or grant awarded under subsection 7a7 may be used for-- 7#a7 staffing1 administrative1 and other basic operating costs1 including such patient care costs as are required for research2 7#b7 clinical training1 including training for allied health professionals1 continuing education for health professionals and allied health professions personnel1 and information programs for the public with respect to neglected diseases of poverty2 7#c7 research and development programs1 including the end-to-end research and development of new treatments1 diagnostics1 and vaccines2 7#d7 epidemiological surveillance and transmission studies capabilities2 and 7#e7 health education programs to raise awareness and reduce stigma of neglected diseases of poverty among high-risk populations4 7e7 ,period of support2 additional periods 7#a7 ,in general ,a cooperative agreement or grant under this section may be provided for a period of not more than #e years4 7#b7 ,extensions ,the period specified in paragraph 7#a7 may be extended by the ,secretary for additional periods of not more than #e years if-- 7,a7 the operations of the center of excellence involved have been reviewed by an appropriate technical and scientific peer review group2 and 7,b7 such group has recommended to the ,secretary that such period be extended4 #cii,,oo-#f4 ,authorization of appropriations ,to carry out this part1 there are authorized to be appropriated such sums as may be necessary for fiscal year #bjba and each fiscal year thereafter4 4 ,,dd ,mommies ,act #bcaja4 ,short title ,this ,act may be cited as the ,maximizing ,outcomes for ,moms through ,medicaid ,improvement and ,enhancement of ,services ,act or the ,,mommies ,act4 #bcajb4 ,enhancing medicaid and chip benefits for low-income pregnant women 7a7 ,extending continuous medicaid and chip coverage for pregnant and postpartum women 7#a7 ,medicaid ,title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq47 is amended-- 7,a7 in section #aijb7l77#a77;,a71 by striking #fj-;day period and inserting #cfe-;day period2 7,b7 in section #aijb7;e77#f71 by striking #fj-;day period and inserting #cfe-;day period2 7,c7 in section #aijc7v77#d77;,a77i71 by striking #fj-;day period and inserting #cfe-;day period2 and 7,d7 in section #aije7;a71 in the #dth sentence in the matter following paragraph 7#cj71 by striking #fj-;day period and inserting #cfe-;day period4 7#b7 ,chip ,section #baab of the ,social ,security ,act 7#db ,u4,s4,c4 #acigll7 is amended by striking #fj-;day period each place it appears and inserting #cfe-;day period4 7b7 ,requiring full benefits for pregnant and postpartum women 7#a7 ,medicaid 7,a7 ,in general ,paragraph 7#e7 of section #aijb7;e7 of the ,social ,security ,act 7#bd ,u4,s4,c4 #acif;a7e77 is amended to read as follows3 7#e7 ,any woman who is eligible for medical assistance under the ,state plan or a waiver of such plan and who is1 or who while so eligible becomes1 pregnant1 shall continue to be eligible under the plan or waiver for medical assistance through the end of the month in which the #cfe-;day period 7beginning on the last day of her pregnancy7 ends1 regardless of the basis for the woman's eligibility for medical assistance1 including if the woman's eligibility for medical assistance is on the basis of being pregnant4 4 7,b7 ,conforming amendment ,section #aijb7;a77#aj7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7a77#aj77 is amended in the matter following subparagraph 7,g7 by striking 7,,vii7 the medical assistance and all that follows through complicate pregnancy14 7#b7 ,chip ,section #bajg7;e77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;gg7e77#a77 is amended-- 7,a7 by redesignating subparagraphs 7,h7 through 7,s7 as subparagraphs 7,i7 through 7,t71 respectively2 and 7,b7 by inserting after subparagraph 7,g71 the following3 7,h7 ,section #aijb7;e77#e7 7requiring #cfe-;day continuous coverage for pregnant and postpartum women74 4 7c7 ,requiring coverage of oral health services for pregnant and postpartum women 7#a7 ,medicaid ,section #aije of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7 is amended-- 7,a7 in subsection 7a77#d7-- 7i7 by striking 2 and 7,d7 and inserting 2 7,d72 and 7ii7 by inserting 2 and 7,e7 oral health services for pregnant and postpartum women 7as defined in subsection 7ff77 after subsection 7bb772 and 7,b7 by adding at the end the following new subsection3 7ff7 ,oral health services for pregnant and postpartum women 7#a7 ,in general ,for purposes of this title1 the term oral health services for pregnant and postpartum women means dental services necessary to prevent disease and promote oral health1 restore oral structures to health and function1 and treat emergency conditions that are furnished to a woman during pregnancy 7or during the #cfe-;day period beginning on the last day of the pregnancy74 7#b7 ,coverage requirements ,to satisfy the requirement to provide oral health services for pregnant and postpartum women1 a ,state shall1 at a minimum1 provide coverage for preventive1 diagnostic1 periodontal1 and restorative care consistent with recommendations for perinatal oral health care and dental care during pregnancy from the ,american ,academy of ,pediatric ,dentistry and the ,american ,college of ,obstetricians and ,gynecologists4 4 7#b7 ,chip ,section #bajc7;c77#e77;,a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;cc7c77#e77;,a77 is amended by inserting or a targeted low-income pregnant woman after targeted low-income child4 7d7 ,maintenance of effort 7#a7 ,medicaid ,section #aijb of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7 is amended-- 7,a7 in paragraph 7#gd71 by striking subsection 7gg72 and and inserting subsections 7gg7 and 7qq722 and 7,b7 by adding at the end the following new subsection3 7qq7 ,maintenance of effort related to low-income pregnant women ,for calendar quarters beginning on or after the date of enactment of this subsection1 and before ,january #a1 #bjbc1 no ,federal payment shall be made to a ,state under section #aijc7;a7 for amounts expended under a ,state plan under this title or a waiver of such plan if the ,state-- 7#a7 has in effect under such plan eligibility standards1 methodologies1 or procedures 7including any enrollment cap or other numerical limitation on enrollment1 any waiting list1 any procedures designed to delay the consideration of applications for enrollment1 or similar limitation with respect to enrollment7 for individuals described in subsection 7l77#a7 who are eligible for medical assistance under the ,state plan or waiver under subsection 7a77#aj77;,a77ii77,,ix7 that are more restrictive than the eligibility standards1 methodologies1 or procedures1 respectively1 for such individuals under such plan or waiver that are in effect on the date of the enactment of the ,maximizing ,outcomes for ,moms through ,medicaid ,improvement and ,enhancement of ,services ,act2 or 7#b7 provides medical assistance to individuals described in subsection 7l77#a7 who are eligible for medical assistance under such plan or waiver under subsection 7a77#aj77;,a77ii77,,ix7 at a level that is less than the level at which the ,state provides such assistance to such individuals under such plan or waiver on the date of the enactment of the ,maximizing ,outcomes for ,moms through ,medicaid ,improvement and ,enhancement of ,services ,act4 4 7#b7 ,chip ,section #baab of the ,social ,security ,act 7#db ,u4,s4,c4 #acigll71 as amended by subsection 7b71 is further amended by adding at the end the following subsection3 7g7 ,maintenance of effort ,for calendar quarters beginning on or after ,january #a1 #bjba1 and before ,january #a1 #bjbd1 no payment may be made under section #baje7;a7 with respect to a ,state child health plan if the ,state-- 7#a7 has in effect under such plan eligibility standards1 methodologies1 or procedures 7including any enrollment cap or other numerical limitation on enrollment1 any waiting list1 any procedures designed to delay the consideration of applications for enrollment1 or similar limitation with respect to enrollment7 for targeted low-income pregnant women that are more restrictive than the eligibility standards1 methodologies1 or procedures1 respectively1 under such plan that are in effect on the date of the enactment of the ,maximizing ,outcomes for ,moms through ,medicaid ,improvement and ,enhancement of ,services ,act2 or 7#b7 provides pregnancy-related assistance to targeted low-income pregnant women under such plan at a level that is less than the level at which the ,state provides such assistance to such women under such plan on the date of the enactment of the ,maximizing ,outcomes for ,moms through ,medicaid ,improvement and ,enhancement of ,services ,act4 4 7e7 ,enhanced fmap ,section #aije of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d71 as amended by subsection 7c71 is further amended-- 7#a7 in subsection 7b71 by striking and 7aa7 and inserting 7aa71 and 7gg72 and 7#b7 by adding at the end the following3 7gg7 ,increased fmap for additional expenditures for low-income pregnant women ,for calendar quarters beginning on or after ,january #a1 #bjba1 notwithstanding subsection 7b71 the ,federal medical assistance percentage for a ,state1 with respect to the additional amounts expended by such ,state for medical assistance under the ,state plan under this title or a waiver of such plan that are attributable to requirements imposed by the amendments made by the ,maximizing ,outcomes for ,moms through ,medicaid ,improvement and ,enhancement of ,services ,act 7as determined by the ,secretary71 shall be equal to #ajj percent4 4 7f7 ,gao study and report 7#a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report on the gaps in coverage for-- 7,a7 pregnant women under the ,medicaid program under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq47 and the ,children's ,health ,insurance ,program under title ,,xxi of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;aa et seq472 and 7,b7 postpartum women under the ,medicaid program and the ,children's ,health ,insurance ,program who received assistance under either such program during their pregnancy4 7#b7 ,content of report ,the report required under this subsection shall include the following3 7,a7 ,information about the abilities and successes of ,state ,medicaid agencies in determining whether pregnant and postpartum women are eligible under another insurance affordability program1 and in transitioning any such women who are so eligible to coverage under such a program1 pursuant to section #dce4abjj of the title #db1 ,code of ,federal ,regulations 7as in effect on ,september #a1 #bjah74 7,b7 ,information on factors contributing to gaps in coverage that disproportionately impact underserved populations1 including low-income women1 women of color1 women who reside in a health professional shortage area 7as defined in section #ccb7;a77#a77;,a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bed;e7a77#a77;,a777 or who are members of a medically underserved population 7as defined by section #ccj7;b77#c7 of such ,act 7#db ,u4,s4,c4 #bed;b7b77#c77;,a7774 7,c7 ,recommendations for addressing and reducing such gaps in coverage4 7,d7 ,such other information as the ,comptroller ,general deems necessary4 7g7 ,effective date ,the amendments made by subsections 7a7 and 7b7 shall take effect ,january #a1 #bjba4 #bcajc4 ,maternity care home demonstration project ,title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq47 is amended by inserting the following new section after section #aidf3 #aidg4 ,maternity care home demonstration project 7a7 ,in general not later than #a year after the date of the enactment of this section1 the secretary shall establish a demonstration project 7in this section referred to as the demonstration project7 under which the secretary shall provide grants to states to enter into arrangements with eligible entities to implement or expand a maternity care home model for eligible individuals 7b7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means an entity or organization that provides medically accurate1 comprehensive maternity services to individuals who are eligible for medical assistance under a ,state plan under this title or a waiver of such a plan1 and may include3 7,a7 ,a freestanding birth center4 7,b7 ,an entity or organization receiving assistance under section #ccj of the ,public ,health ,service ,act4 7,c7 ,a federally qualified health center4 7,d7 ,a rural health clinic4 7,e7 ,a health facility operated by an ,indian tribe or tribal organization 7as those terms are defined in section #d of the ,indian ,health ,care ,improvement ,act74 7#b7 ,eligible individual ,the term eligible individual means a pregnant woman or a formerly pregnant woman during the #cfe-;day period beginning on the last day of her pregnancy who is-- 7,a7 enrolled in a ,state plan under this title1 a waiver of such a plan1 or a ,state child health plan under title ,,xxi2 and 7,b7 a patient of an eligible entity which has entered into an arrangement with a ,state under subsection 7g74 7c7 ,goals of demonstration project ,the goals of the demonstration project are the following3 7#a7 ,to improve-- 7,a7 maternity and infant care outcomes2 7,b7 health equity2 7,c7 communication by maternity1 infant care1 and social services providers2 7,d7 integration of perinatal support services1 including community health workers1 doulas1 social workers1 public health nurses1 peer lactation counselors1 childbirth educators1 and others1 into health care entities and organizations2 7,e7 care coordination between maternity1 infant care1 oral health care1 and social services providers within the community2 7,f7 the quality and safety of maternity and infant care2 7,g7 the experience of women receiving maternity care1 including by increasing the ability of a woman to develop and follow her own birthing plan2 and 7,h7 access to adequate prenatal and postpartum care1 including-- 7i7 prenatal care that is initiated in a timely manner2 7ii7 not fewer than #b post-pregnancy visits to a maternity care provider2 and 7iii7 interpregnancy care4 7#b7 ,to provide coordinated1 evidence-based maternity care management4 7#c7 ,to decrease-- 7,a7 severe maternal morbidity and maternal mortality2 7,b7 overall health care spending2 7,c7 unnecessary emergency department visits2 7,d7 disparities in maternal and infant care outcomes1 including racial1 economic1 and geographical disparities2 7,e7 racial bias among health care professionals2 7,f7 the rate of cesarean deliveries for low-risk pregnancies2 7,g7 the rate of preterm births and infants born with low birth weight2 and 7,h7 the rate of avoidable maternal and newborn hospitalizations and admissions to intensive care units4 7d7 ,consultation ,in designing and implementing the demonstration project the ,secretary shall consult with stakeholders1 including-- 7#a7 ,states2 7#b7 organizations representing relevant health care professionals1 including oral health care professionals2 7#c7 organizations representing consumers1 including consumers that are disproportionately impacted by poor maternal health outcomes2 7#d7 representatives with experience implementing other maternity care home models1 including representatives from the ,center for ,medicare and ,medicaid ,innovation2 7#e7 community-based health care professionals1 including doulas1 and other stakeholders2 and 7#f7 experts in promoting health equity and combating racial bias in health care settings4 7e7 ,application and selection of states 7#a7 ,in general ,a ,state seeking to participate in the demonstration project shall submit an application to the ,secretary at such time and in such manner as the ,secretary shall require4 7#b7 ,selection of states 7,a7 ,in general ,the ,secretary may select #ae ,states to participate in the demonstration project4 7,b7 ,selection requirements ,in selecting ,states to participate in the demonstration project1 the ,secretary shall-- 7i7 ensure that there is geographic diversity in the areas in which activities will be carried out under the project2 and 7ii7 ensure that ,states with significant disparities in maternal and infant health outcomes1 including severe maternal morbidity1 and other disparities based on race1 income1 or access to maternity care1 are included4 7f7 ,grants 7#a7 ,in general ,from amounts appropriated under subsection 7l71 the ,secretary shall award #a grant for each year of the demonstration project to each ,state that is selected to participate in the demonstration project4 7#b7 ,use of grant funds ,a ,state may use funds received under this section to-- 7,a7 award grants or make payments to eligible entities as part of an arrangement described in subsection 7g77#b72 7,b7 provide financial incentives to health care professionals1 including community health workers and community-based doulas1 who participate in the ,state's maternity care home model2 7,c7 provide adequate training for health care professionals1 including community health workers1 doulas1 and care coordinators1 who participate in the ,state's maternity care home model1 which may include training for cultural competency1 racial bias1 health equity1 reproductive and birth justice1 home visiting skills1 and respectful communication and listening skills1 particularly in regards to maternal health2 7,d7 pay for personnel and administrative expenses associated with designing1 implementing1 and operating the ,state's maternity care home model2 7,e7 pay for items and services that are furnished under the ,state's maternity care home model and for which payment is otherwise unavailable under this title2 and 7,f7 pay for other costs related to the ,state's maternity care home model1 as determined by the ,secretary4 7#c7 ,grant for national independent evaluator 7,a7 ,in general ,from the amounts appropriated under subsection 7l71 prior to awarding any grants under paragraph 7#a71 the ,secretary shall enter into a contract with a national external entity to create a single1 uniform process to-- 7i7 ensure that ,states that receive grants under paragraph 7#a7 comply with the requirements of this section2 and 7ii7 evaluate the outcomes of the demonstration project in each participating ,state4 7,b7 ,annual report ,the contract described in subparagraph 7,a7 shall require the national external entity to submit to the ,secretary-- 7i7 a yearly evaluation report for each year of the demonstration project2 and 7ii7 a final impact report after the demonstration project has concluded4 7,c7 ,secretary's authority ,nothing in this paragraph shall prevent the ,secretary from making a determination that a ,state is not in compliance with the requirements of this section without the national external entity making such a determination4 7g7 ,partnership with eligible entities 7#a7 ,in general ,as a condition of receiving a grant under this section1 a ,state shall enter into an arrangement with one or more eligible entities that meets the requirements of paragraph 7#b74 7#b7 ,arrangements with eligible entities ,under an arrangement between a ,state and an eligible entity under this subsection1 the eligible entity shall perform the following functions1 with respect to eligible individuals enrolled with the entity under the ,state's maternity care home model-- 7,a7 provide culturally competent care1 which may include prenatal care1 family planning services1 medical care1 mental and behavioral care1 postpartum care1 and oral health care to such eligible individuals through a team of health care professionals1 which may include obstetrician-gynecologists1 maternal-fetal medicine specialists1 family physicians1 primary care providers1 oral health providers1 physician assistants1 advanced practice registered nurses such as nurse practitioners and certified nurse midwives1 certified midwives1 certified professional midwives1 social workers1 traditional and community-based doulas1 lactation consultants1 childbirth educators1 community health workers1 and other health care professionals2 7,b7 conduct a risk assessment of each such eligible individual to determine if her pregnancy is high or low risk1 and establish a tailored pregnancy care plan1 which takes into consideration the individual's own preferences and pregnancy care and birthing plans and determines the appropriate support services to reduce the individual's medical1 social1 and environmental risk factors1 for each such eligible individual based on the results of such risk assessment2 7,c7 assign each such eligible individual to a care coordinator1 which may be a nurse1 social worker1 traditional or community-based doula1 community health worker1 midwife1 or other health care provider1 who is responsible for ensuring that such eligible individual receives the necessary medical care and connections to essential support services2 7,d7 provide1 or arrange for the provision of1 essential support services1 such as services that address-- 7i7 nutrition and exercise2 7ii7 smoking cessation2 7iii7 substance use disorder and addiction treatment2 7iv7 anxiety1 depression1 and other mental and behavioral health issues2 7v7 breast feeding initiation1 continuation1 and duration2 7vi7 housing2 7vii7 transportation2 7viii7 intimate partner violence2 7ix7 home visiting services2 7x7 childbirth education2 7xi7 oral health education2 7xii7 continuous labor support2 and 7xiii7 group prenatal care2 7,e7 as appropriate1 facilitate connections to a usual primary care provider1 which may be a women's health provider2 7,f7 refer to guidelines and opinions of medical associations when determining whether an elective delivery should be performed on an eligible individual before #ci weeks of gestation2 7,g7 provide such eligible individuals with evidence-based education and resources to identify potential warning signs of pregnancy and postpartum complications and when and how to obtain medical attention2 7,h7 provide1 or arrange for the provision of1 pregnancy and postpartum health services1 including family planning counseling and services1 to eligible individuals2 7,i7 track and report birth outcomes of such eligible individuals and their children2 7,j7 ensure that care is patient-led1 including by engaging eligible individuals in their own care1 including through communication and education2 and 7,k7 ensure adequate training for appropriately serving the population of individuals eligible for medical assistance under the ,state plan or waiver of such plan1 including through reproductive and birth justice frameworks1 race equity awareness1 home visiting skills1 and knowledge of social services4 7h7 ,term of demonstration project ,the ,secretary shall conduct the demonstration project for a period of #e years4 7i7 ,waiver authority ,to the extent that the ,secretary determines necessary in order to carry out the demonstration project1 the ,secretary may waive section #aijb7;a77#a7 7relating to statewideness7 and section #aijb7;a77#aj77;,b7 7relating to comparability74 7j7 ,technical assistance ,the ,secretary shall establish a process to provide technical assistance to ,states that are awarded grants under this section and to eligible entities and other providers participating in a ,state maternity care home model funded by such a grant4 7k7 ,report 7#a7 ,in general ,not later than #ah months after the date of the enactment of this section and annually thereafter for each year of the demonstration project term1 the ,secretary shall submit a report to ,congress on the results of the demonstration project4 7#b7 ,final report ,as part of the final report required under paragraph 7#a71 the ,secretary shall include-- 7,a7 the results of the final report of the national external entity required under subsection 7f77#c77;,b77ii72 and 7,b7 recommendations on whether the model studied in the demonstration project should be continued or more widely adopted1 including by private health plans4 7l7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary1 for each of fiscal years #bjbb through #bjbi1 such sums as may be necessary to carry out this section4 4 #bcajd4 ,reapplication of medicare payment rate floor to primary care services furnished under medicaid and inclusion of additional providers 7a7 ,reapplication of payment floor2 additional providers 7#a7 ,in general ,section #aijb7;a77#ac7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7a77#ac77 is amended-- 7,a7 in subparagraph 7,b71 by striking 2 and and inserting a semicolon2 7,b7 in subparagraph 7,c71 by striking the semicolon and inserting 2 and2 and 7,c7 by adding at the end the following new subparagraph3 7,d7 payment for primary care services 7as defined in subsection 7jj77#a77 furnished in the period that begins on the first day of the first month that begins after the date of enactment of the ,maximizing ,outcomes for ,moms through ,medicaid ,improvement and ,enhancement of ,services ,act by a provider described in subsection 7jj77#b7-- 7i7 at a rate that is not less than #ajj percent of the payment rate that applies to such services and the provider of such services under part ,b of title ,,xviii 7or1 if greater1 the payment rate that would be applicable under such part if the conversion factor under section #ahdh7;d7 for the year were the conversion factor under such section for #bjji72 7ii7 in the case of items and services that are not items and services provided under such part1 at a rate to be established by the ,secretary2 and 7iii7 in the case of items and services that are furnished in rural areas 7as defined in section #ahhf7;d77#b77;,d771 health professional shortage areas 7as defined in section #ccb7;a77#a77;,a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bed;e7a77#a77;,a7771 or medically underserved areas 7according to a designation under section #ccj7;b77#c77;,a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bed;b7b77#c77;,a7771 at the rate otherwise applicable to such items or services under clause 7i7 or 7ii7 increased1 at the ,secretary's discretion1 by not more than #be percent2 4 7#b7 ,conforming amendments 7,a7 ,section #aijb7;a77#ac77;,c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7a77#ac77;,c77 is amended by striking subsection 7jj7 and inserting subsection 7jj77#a74 7,b7 ,section #aije7;dd7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7dd77 is amended-- 7i7 by striking ,notwithstanding and inserting the following3 7#a7 ,in general ,notwithstanding 2 7ii7 by striking section #aijb7;a77#ac77;,c7 and inserting subparagraph 7,c7 of section #aijb7;a77#ac72 7iii7 by inserting or for services described in subparagraph 7,d7 of section #aijb7;a77#ac7 furnished during an additional period specified in paragraph 7#b71 after #bjae12 7iv7 by striking under such section and inserting under subparagraph 7,c7 or 7,d7 of section #aijb7;a77#ac71 as applicable2 and 7v7 by adding at the end the following3 7#b7 ,additional periods ,for purposes of paragraph 7#a71 the following are additional periods3 7,a7 ,the period that begins on the first day of the first month that begins after the date of enactment of the ,maximizing ,outcomes for ,moms through ,medicaid ,improvement and ,enhancement of ,services ,act4 4 7b7 ,improved targeting of primary care ,section #aijb7;jj7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7jj77 is amended-- 7#a7 by redesignating paragraphs 7#a7 and 7#b7 as clauses 7i7 and 7ii71 respectively and realigning the left margins accordingly2 7#b7 by striking ,for purposes of subsection 7a77#ac77;,c7 and inserting the following3 7#a7 ,in general 7,a7 ,definition ,for purposes of subparagraphs 7,c7 and 7,d7 of subsection 7a77#ac7 2 and 7#c7 by inserting after clause 7ii7 7as so redesignated7 the following3 7,b7 ,exclusions ,such term does not include any services described in subparagraph 7,a7 or 7,b7 of paragraph 7#a7 if such services are provided in an emergency department of a hospital4 7#b7 ,additional providers ,for purposes of subparagraph 7,d7 of subsection 7a77#ac71 a provider described in this paragraph is any of the following3 7,a7 ,a physician with a primary specialty designation of family medicine1 general internal medicine1 or pediatric medicine1 or obstetrics and gynecology4 7,b7 ,an advanced practice clinician1 as defined by the ,secretary1 that works under the supervision of-- 7i7 a physician that satisfies the criteria specified in subparagraph 7,a72 7ii7 a nurse practitioner or a physician assistant 7as such terms are defined in section #ahfa7;aa77#e77;,a77 who is working in accordance with ,state law2 or 7iii7 or a certified nurse-midwife 7as defined in section #ahfa7;gg77 who is working in accordance with ,state law4 7,c7 ,a rural health clinic1 federally qualified health center1 or other health clinic that receives reimbursement on a fee schedule applicable to a physician4 7,d7 ,an advanced practice clinician supervised by a physician described in subparagraph 7,a71 another advanced practice clinician1 or a certified nurse-midwife4 4 7c7 ,ensuring payment by managed care entities 7#a7 ,in general ,section #aijc7m77#b77;,a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;b7m77#b77;,a77 is amended-- 7,a7 in clause 7xii71 by striking and after the semicolon2 7,b7 by realigning the left margin of clause 7xiii7 so as to align with the left margin of clause 7xii7 and by striking the period at the end of clause 7xiii7 and inserting 2 and2 and 7,c7 by inserting after clause 7xiii7 the following3 7xiv7 such contract provides that 7,i7 payments to providers specified in section #aijb7;a77#ac77;,d7 for primary care services defined in section #aijb7;jj7 that are furnished during a year or period specified in section #aijb7;a77#ac77;,d7 and section #aije7;dd7 are at least equal to the amounts set forth and required by the ,secretary by regulation1 7,,ii7 the entity shall1 upon request1 provide documentation to the ,state1 sufficient to enable the ,state and the ,secretary to ensure compliance with subclause 7,i71 and 7,,iii7 the ,secretary shall approve payments described in subclause 7,i7 that are furnished through an agreed upon capitation1 partial capitation1 or other value-based payment arrangement if the capitation1 partial capitation1 or other value-based payment arrangement is based on a reasonable methodology and the entity provides documentation to the ,state sufficient to enable the ,state and the ,secretary to ensure compliance with subclause 7,i74 4 7#b7 ,conforming amendment ,section #aicb7;f7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifu-#b7;f77 is amended-- 7,a7 by striking section #aijb7;a77#ac77;,c7 and inserting subsections 7,c7 and 7,d7 of section #aijb7;a77#ac72 and 7,b7 by inserting and clause 7xiv7 of section #aijc7m77#b77;,a7 before the period4 #bcaje4 ,macpac report and cms guidance on increasing access to doula care for medicaid beneficiaries 7a7 ,macpac report 7#a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 the ,medicaid and ,,chip ,payment and ,access ,commission 7referred to in this section as ,,macpac7 shall publish a report on the coverage of doula care under ,state ,medicaid programs1 which shall at a minimum include the following3 7,a7 ,information about coverage for doula care under ,state ,medicaid programs that currently provide coverage for such care1 including the type of doula care offered 7such as prenatal1 labor and delivery1 postpartum support1 and also community-based and traditional doula care74 7,b7 ,an analysis of barriers to covering doula care under ,state ,medicaid programs4 7,c7 ,an identification of effective strategies to increase the use of doula care in order to provide better care and achieve better maternal and infant health outcomes1 including strategies that ,states may use to recruit1 train1 and certify a diverse doula workforce1 particularly from underserved communities1 communities of color1 and communities facing linguistic or cultural barriers4 7,d7 ,recommendations for legislative and administrative actions to increase access to doula care in ,state ,medicaid programs1 including actions that ensure doulas may earn a living wage that accounts for their time and costs associated with providing care4 7#b7 ,stakeholder consultation ,in developing the report required under paragraph 7#a71 ,,macpac shall consult with relevant stakeholders1 including-- 7,a7 ,states2 7,b7 organizations representing consumers1 including those that are disproportionately impacted by poor maternal health outcomes2 7,c7 organizations and individuals representing doula care providers1 including community-based doula programs and those who serve underserved communities1 including communities of color1 and communities facing linguistic or cultural barriers2 and 7,d7 organizations representing health care providers4 7b7 ,cms guidance 7#a7 ,in general ,not later than #a year after the date that ,,macpac publishes the report required under subsection 7a77#a71 the ,administrator of the ,centers for ,medicare ,medicaid ,services shall issue guidance to ,states on increasing access to doula care under ,medicaid4 ,such guidance shall at a minimum include-- 7,a7 options for ,states to provide medical assistance for doula care services under ,state ,medicaid programs2 7,b7 best practices for ensuring that doulas1 including community-based doulas1 receive reimbursement for doula care services provided under a ,state ,medicaid program1 at a level that allows doulas to earn a living wage that accounts for their time and costs associated with providing care2 and 7,c7 best practices for increasing access to doula care services1 including services provided by community-based doulas1 under ,state ,medicaid programs4 7#b7 ,stakeholder consultation ,in developing the guidance required under paragraph 7#a71 the ,administrator of the ,centers for ,medicare ,medicaid ,services shall consult with ,,macpac and other relevant stakeholders1 including-- 7,a7 ,state ,medicaid officials2 7,b7 organizations representing consumers1 including those that are disproportionately impacted by poor maternal health outcomes2 7,c7 organizations representing doula care providers1 including community-based doulas and those who serve underserved communities1 such as communities of color and communities facing linguistic or cultural barriers2 and 7,d7 organizations representing health care professionals4 #bcajf4 ,gao report on state medicaid programs' use of telemedicine to increase access to maternity care ,not later than #a year after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit a report to ,congress on ,state ,medicaid programs' use of telemedicine to increase access to maternity care4 ,such report shall include the following3 7#a7 ,the number of ,state ,medicaid programs that utilize telemedicine to increase access to maternity care4 7#b7 ,with respect to ,state ,medicaid programs that utilize telemedicine to increase access to maternity care1 information about-- 7,a7 common characteristics of such programs' approaches to utilizing telemedicine to increase access to maternity care2 and 7,b7 what is known about-- 7i7 the demographic characteristics of the individuals enrolled in such programs who use telemedicine to access maternity care2 7ii7 health outcomes for such individuals as compared to individuals with similar characteristics who did not use telemedicine to access maternity care2 7iii7 the services provided to individuals through telemedicine1 including family planning services and oral health services2 7iv7 the quality of maternity care provided through telemedicine1 including whether maternity care provided through telemedicine is culturally competent2 7v7 the level of patient satisfaction with maternity care provided through telemedicine to individuals enrolled in ,state ,medicaid programs2 and 7vi7 the impact of utilizing telemedicine to increase access to maternity care on spending1 cost savings1 access to care1 and utilization of care under ,state ,medicaid programs4 7#c7 ,an identification and analysis of the barriers to using telemedicine to increase access to maternity care under ,state ,medicaid programs4 7#d7 ,recommendations for such legislative and administrative actions related to increasing access to telemedicine maternity services under ,medicaid as the ,comptroller ,general deems appropriate4 ,,ee ,humane ,correctional ,healthcare ,act #bcbja4 ,short title ,this ,act may be cited as the ,humane ,correctional ,health ,care ,act4 #bcbjb4 ,repeal of medicaid inmate exclusion 7a7 ,in general ,section #aije7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7a77 is amended1 in the matter following paragraph 7#cj71 by striking such term does not include-- and all that follows through patient in an institution for mental diseases and inserting such term does not include any such payments with respect to care or services for any individual who is under #fe years of age and is a patient in an institution for mental diseases4 7b7 ,conforming amendments ,section #aijb of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking paragraph 7#hd72 7,b7 by redesignating paragraphs 7#he7 and 7#hf7 as paragraphs 7#hd7 and 7#he71 respectively2 7,c7 in paragraph 7#hd71 as redesignated by subparagraph 7,b71 by striking 7oo77#a7 and inserting 7nn77#a72 and 7,d7 in paragraph 7#he71 as redesignated by subparagraph 7,b71 by striking 7pp7 and inserting 7oo72 7#b7 by striking subsection 7nn72 7#c7 by redesignating subsections 7oo7 and 7pp7 as subsections 7nn7 and 7oo71 respectively2 7#d7 in subsection 7nn71 as redesignated by paragraph 7#c71 by striking 7#he7 and inserting 7#hd72 and 7#e7 in subsection 7oo71 as redesignated by paragraph 7#c71 by striking 7#hf7 and inserting 7#he74 7c7 ,effective date ,the amendments made by this section shall apply with respect to medical assistance provided on or after ,january #a1 #bjba4 #bcbjc4 ,report by comptroller general ,not later than the date that is three years after the date of the enactment of this ,act1 and annually thereafter for each of the following five years1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report containing the following information3 7#a7 ,the percentage of inmates that receive medical assistance under a ,state plan under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq474 7#b7 ,the access of inmates to health care services1 including specialty care1 and health care providers4 7#c7 ,the quality of health care services provided to inmates4 7#d7 ,any impact of coverage under such a ,state plan on recidivism4 7#e7 ,the percentage of inmates who1 upon release1 are-- 7,a7 enrolled under such a ,state plan2 and 7,b7 connected to a primary care provider in their community4 7#f7 ,trends in the prevalence and incidence of illness and injury among inmates4 7#g7 ,any other information the ,comptroller ,general determines necessary regarding the health of inmates4 #bcbjd4 ,sense of congress on incarceration and community-based health services ,it is the sense of ,congress that-- 7#a7 no individual in the ,united ,states should be incarcerated for the purpose of being provided with health care that is unavailable to the individual in the individual's community2 7#b7 each ,state and unit of local government should establish programs that offer community-based health services 7including mental health and substance use disorder services7 commensurate with the principle stated in paragraph 7#a72 and 7#c7 ,federal reimbursement for expenditures on medical assistance made available through the amendments made by this ,act should not supplant an investment in community-based services4 ,,ff ,strengthen ,dental ,coverage #bccja4 ,short title ,this ,act may be cited as the ,foster ,youth ,dental ,act of #bjbj4 #bccjb4 ,strengthening coverage under the medicaid program for certain foster youth individuals 7a7 ,expansion of epsdt services to certain individuals aged #ba-be 7#a7 ,in general ,section #aije7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7a77 is amended-- 7,a7 in paragraph 7#d77;,b71 by inserting 7or1 in the case of a specified individual 7as defined in the matter at the end of this subsection71 under the age of #bf7 after #ba2 and 7,b7 by adding at the end the following new sentence3 ,for purposes of paragraph 7#d77;,b71 the term specified individual means an individual who is in foster care under the responsibility of a ,state 7or was in foster care under the responsibility of the ,state on the date of attaining #ah years of age or such higher age as the ,state has elected under section #dge7h77;,b77iii7 and was enrolled in a ,state plan under this title or under a waiver of a plan while in such foster care744 7#b7 ,provision of information with respect to dental services ,section #aijb7;a77#dc77;,a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7a77#dc77;,a77 is amended-- 7,a7 by inserting 7or1 in the case of a specified individual 7as defined in the matter at the end of section #aije7;a771 under the age of #bf7 after #ba2 7,b7 by inserting 7including dental services7 after treatment services2 7,c7 by striking and the need and inserting 1 the need2 and 7,d7 by striking the comma at the end and inserting 1 and the importance of maintaining good oral health14 7#c7 ,effective date 7,a7 ,extension of coverage ,the amendments made by paragraph 7#a7 shall apply with respect to medical assistance furnished during calendar quarters beginning on or after the date that is #hj days after the date of the enactment of this ,act4 7,b7 ,provision of information ,the amendment made by paragraph 7#b7 shall apply to information provided under section #aijb7;a77#dc77;,a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7a77#dc77;,a77 beginning with the first calendar quarter beginning on or after the date that is #hj days after the date of the enactment of this ,act4 7b7 ,incentive for the provision of dental services to certain individuals 7#a7 ,in general ,section #aijb7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7a77 is amended-- 7,a7 in paragraph 7#ac7-- 7i7 in subparagraph 7,b71 by striking and at the end2 7ii7 in subparagraph 7,c71 by adding and at the end2 and 7iii7 by adding at the end the following new subparagraph3 7,d7 for payment for dental services furnished on or after the first day of the first calendar quarter beginning on or after the date that is #hj days after the date of the enactment of this subparagraph by a dentist to a specified individual 7as defined in the matter at the end of section #aije7;a77 under the age of #bf at a rate not less than the specified average rate 7as defined in subsection 7tt77 for such services4 2 and 7,b7 by adding at the end the following new subsection3 7tt7 ,specified average rate defined 7#a7 ,in general ,for purposes of subsection 7a77#ac77;,d71 the term specified average rate means1 with respect to a dental service furnished in a ,state1 the average of the contracted rates 7as defined in paragraph 7#b77 in effect during the #e-year period ending on the date such service is so furnished-- 7,a7 for such service furnished in such ,state 7as determined by the ,state72 or 7,b7 for such service furnished in the ,united ,states 7as determined by the ,secretary72 as selected by such ,state4 7#b7 ,contracted rate defined 7,a7 ,in general ,for purposes of paragraph 7#a71 the term contracted rate means1 with respect to a dental service1 a rate in effect between a health insurance issuer offering group or individual health insurance coverage or a group health plan 7as such terms are defined in section #bgia of the ,public ,health ,service ,act7 and a dentist with a contractual relationship in effect with such issuer or plan 7as applicable7 for furnishing such service under such coverage or plan 7as applicable7 that represents the total amount payable 7including cost sharing7 under such coverage or plan 7as applicable7 for such service so furnished4 7,b7 ,exclusion of self-insured group health plan rates ,for purposes of subparagraph 7,a71 the term contracted rate shall not include a rate described in such subparagraph that is in effect between a self-insured group health plan and a dentist4 4 7#b7 ,medicaid managed care plans ,section #aicb7;f7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifu-#b7;f77 is amended-- 7,a7 in the header1 by striking ,primary ,care ,services and inserting ,certain ,services2 7,b7 by inserting or dental services after primary care services2 7,c7 by striking section #aijb7;a77#ac77;,c7 and inserting subparagraph 7,c7 or 7,d71 respectively1 of section #aijb7;a77#ac72 and 7,d7 by striking such section and inserting such subparagraph 7,c7 or 7,d71 as applicable4 7#c7 ,increased fmap for increased expenses ,section #aije of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7 is amended by adding at the end the following new subsection3 7gg7 ,increased fmap for additional expenditures for dental services ,notwithstanding subsection 7b71 with respect to the portion of the amounts expended for medical assistance for services described in section #aijb7;a77#ac77;,d7 furnished on or after the first day of the first calendar quarter beginning on or after the date that is #hj days after the date of the enactment of this subsection furnished to an individual described in such section by a dentist that is attributable to the amount by which the minimum payment rate required under such section 7or1 by application1 section #aicb7;f77 exceeds the payment rate applicable to such services under the ,state plan as of ,july #a1 #bjbj1 the ,federal medical assistance percentage for a ,state that is one of the #ej ,states or the ,district of ,columbia shall be equal to #ajj percent4 ,the preceding sentence does not prohibit the payment of ,federal financial participation based on the ,federal medical assistance percentage for amounts in excess of those specified in such sentence4 4 7c7 ,outreach efforts for enrollment of former foster children ,section #aijb7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7a77 is amended-- 7#a7 in paragraph 7#he71 by striking 2 and and inserting a semicolon2 7#b7 in paragraph 7#hf71 by striking the period at the end and inserting 2 and2 and 7#c7 by inserting after paragraph 7#hf7 the following new paragraph3 7#hg7 not later than #f months after the date of the enactment of this paragraph-- 7,a7 establish an outreach and enrollment program1 in coordination with the ,state agency responsible for administering the ,state plan under part ,e of title ,,iv and any other appropriate or interested agencies1 designed to increase the enrollment of individuals who are eligible for medical assistance under the ,state plan under paragraph 7#aj77;,a77i77,,ix7 in accordance with best practices established by the ,secretary2 and 7,b7 establish an outreach program to dentists practicing in such ,state to encourage enrollment by such dentists in such plan as participating providers under such plan4 4 7d7 ,providing for immediate eligibility for former foster youth ,section #ajjb7;a77#b7 of the ,,support for ,patients and ,communities ,act 7,public ,law #aae-bga7 is amended by striking ,january #a1 #bjbc and inserting the date of enactment of the ,foster ,youth ,dental ,act of #bjbj4 ,,gg ,expanded ,coverage for ,former ,foster ,youth ,act #bcdja4 ,short title ,this ,act may be cited as the ,expanded ,coverage for ,former ,foster ,youth ,act4 #bcdjb4 ,coverage continuity for former foster care children up to age #bf 7a7 ,in general ,section #ajjb7;a77#a77;,b7 of the ,,support for ,patients and ,communities ,act 7,public ,law #aae-bga7 is amended by striking all that follows after item 7cc71 and inserting the following3 by striking responsibility of the ,state and all that follows through #dge7h77;,b77iii72 and and inserting responsibility of a ,state on the date of attaining #ah years of age 7or such higher age as such ,state has elected under section #dge7h77;,b77iii771 or who were in such care at any age but subsequently left such care to enter into a legal guardianship with a kinship caregiver 7without regard to whether kinship guardianship payments are being made on behalf of the child under this part7 or were emancipated from such care prior to attaining age #ah24 7b7 ,amendments to social security act 7#a7 ,in general ,section #aijb7;a77#aj77;,a77i77,,ix7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7a77#aj77;,a77i77,,ix771 as amended by section #ajjb7;a7 of the ,,support for ,patients and ,communities ,act 7,public ,law #aae-bga71 is amended-- 7,a7 in item 7bb71 by striking the semicolon at the end and inserting 2 and2 and 7,b7 by striking item 7dd74 7#b7 ,effective date ,the amendments made by this subsection shall take effect on ,january #a1 #bjbc4 #bcdjc4 ,outreach efforts for enrollment of former foster children ,section #aijb7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7a77 is amended-- 7#a7 in paragraph 7#he71 by striking 2 and and inserting a semicolon2 7#b7 in paragraph 7#hf71 by striking the period at the end and inserting 2 and2 and 7#c7 by inserting after paragraph 7#hf7 the following new paragraph3 7#hg7 not later than ,january #a1 #bjba1 establish an outreach and enrollment program1 in coordination with the ,state agency responsible for administering the ,state plan under part ,e of title ,,iv and any other appropriate or interested agencies1 designed to increase the enrollment of individuals who are eligible for medical assistance under the ,state plan under paragraph 7#aj77;,a77i77,,ix7 in accordance with best practices established by the ,secretary4 4 ,,hh ,pandemic ,protection ,act #bceja4 ,short title ,this subtitle may be cited as the ,pandemic ,protection for ,transition-age ,foster ,youth ,act or the ,pandemic ,protection ,act4 #bcejb4 ,temporary preservation of eligibility for foster care benefits1 and suspension of certain education and work requirements1 for youth who would otherwise age out of eligibility for the benefits during a health emergency or disaster declared with respect to the coronavirus pandemic 7a7 ,in general ,during the applicable period-- 7#a7 a ,state1 ,indian tribe1 tribal organization1 or tribal consortium operating a program under a plan approved under part ,e of title ,,iv of the ,social ,security ,act shall not deny a foster care benefit to an eligible youth2 and 7#b7 section #dge7h77;,b77iv7 of such ,act shall have no force or effect4 7b7 ,federal payments ,for purposes of part ,e of title ,,iv of the ,social ,security ,act1 foster care maintenance payments made by such a ,state1 ,indian tribe1 tribal organization1 or tribal consortium for the benefit of an eligible child in compliance with subsection 7a7 of this section shall be considered to be made under section #dgb of such ,act4 7c7 ,definitions ,in this section3 7#a7 ,applicable period ,the term applicable period means the period that begins on the date the ,secretary of ,health and ,human ,services declared1 pursuant to section #cai of the ,public ,health ,service ,act1 the public health emergency entitled ,determination that a ,public ,health ,emergency ,exists ,nationwide as the ,result of the #bjai ,novel ,coronavirus1 and ends #c months after the later of-- 7,a7 the date the public health emergency so declared terminates2 or 7,b7 the end of the period covered by-- 7i7 the emergency declaration issued by the ,president on ,march #ac1 #bjbj1 pursuant to section #eja7;b7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaia7;b772 and 7ii7 any subsequent major disaster declaration under section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj7 that supersedes the emergency declaration referred to in clause 7i7 of this subparagraph4 7#b7 ,eligible youth ,the term eligible youth means1 with respect to a foster care benefit1 a child who1 as of ,january #a1 #bjba1 was in foster care under the responsibility of a ,state or an ,indian tribe or was a youth receiving any benefit under section #dgg of the ,social ,security ,act1 and who1 in the absence of this section1 would become ineligible for the benefit during the applicable period by reason of age4 7#c7 ,foster care benefit ,the term foster care benefit means-- 7,a7 foster care under the responsibility of a ,state or an ,indian tribe2 7,b7 foster care maintenance payments under section #dgb of the ,social ,security ,act2 and 7,c7 any benefit under section #dgg of such ,act4 ,,ii ,dosha ,joi ,immediate ,coverage for ,foster ,youth ,act ,immediate ,coverage for ,foster ,youth ,act #bcfja4 ,short title ,this subtitle may be cited as the ,dosha ,joi ,immediate ,coverage for ,foster ,youth ,act 4 #bcfjb4 ,providing for immediate medicaid eligibility for former foster youth ,section #ajjb7;a77#b7 of the ,,support for ,patients and ,communities ,act 7,public ,law #aae-bga7 is amended by striking ,january #a1 #bjbc and inserting the date of enactment of the ,dosha ,joi ,immediate ,coverage for ,foster ,youth ,act4 ,,jj ,health ,providers ,training ,act #bcgja4 ,short title ,this subtitle may be cited as the ,health ,providers ,training ,act4 #bcgjb4 ,eligibility of hospitals for health professions opportunity grants ,section #bjjh7;a77#d77;,a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;g7a77#d77;,a77 is amended by striking or a community-based organization and inserting 1 a community-based organization1 or a hospital 7as defined in section #ahfa7;e774 #bcgjc4 ,effective date ,the amendment made by this ,act shall take effect on ,october #a1 #bjba4 ,,iii ,,covid-#ai ,a ,minority ,business ,resiliency #cjaja4 ,short title ,this subtitle may be cited as the ,minority ,business ,resiliency ,act of #bjbj4 #cjajb4 ,definitions ,in this subtitle3 7#a7 ,agency ,the term ,agency means the ,minority ,business ,development ,agency of the ,department of ,commerce4 7#b7 ,assistant ,secretary ,the term ,assistant ,secretary means the ,assistant ,secretary of ,commerce for ,minority ,business ,development4 7#c7 ,covered entity ,the term covered entity means a private nonprofit organization that-- 7,a7 is described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and exempt from tax under section #eja7;a7 of such ,code2 7,b7 can demonstrate to the ,agency that-- 7i7 the primary mission of the organization is to provide services to minority business enterprises1 whether through education1 making grants1 or other similar activities2 and 7ii7 the organization is unable to pay financial obligations incurred by the organization1 including payroll obligations2 and 7,c7 due to the effects of ,,covid-#ai1 is unable to engage in the same level of fundraising in the year in which this ,act is enacted1 as compared with the year preceding the year in which this ,act is enacted1 including through events or the collection of fees4 7#d7 ,minority business development center ,the term minority business development center means a ,business ,center of the ,agency1 including its ,specialty ,center ,program4 7#e7 ,minority business enterprise ,the term minority business enterprise means a for-profit business enterprise-- 7,a7 that is not less than #ea percent-owned by #a or more socially disadvantaged individuals2 and 7,b7 the management and daily business operations of which are controlled by #a or more socially disadvantaged individuals4 7#f7 ,socially disadvantaged individual 7,a7 ,in general ,the term socially disadvantaged individual means an individual who has been subjected to racial or ethnic prejudice or cultural bias because of the identity of the individual as a member of a group1 without regard to any individual quality of the individual that is unrelated to that identity4 7,b7 ,presumption ,in carrying out this subtitle1 the ,agency shall presume that the term socially disadvantaged individual includes any individual who is-- 7i7 ,black or ,african ,american2 7ii7 ,hispanic or ,latino2 7iii7 ,american ,indian or ,alaska ,native2 7iv7 ,asian2 7v7 ,native ,hawaiian or other ,pacific ,islander2 or 7vi7 a member of a group that the ,agency determines under part #adjj of title #ae1 ,code of ,federal ,regulations1 as in effect on ,november #bc1 #aihd1 is a socially disadvantaged group eligible to receive assistance4 #cjajc4 ,minority ,business ,development ,agency 7a7 ,establishment ,the ,minority ,business ,development ,agency in the ,department of ,commerce is hereby established4 7b7 ,assistant ,secretary 7#a7 ,appointment and duties ,the ,agency shall be headed by an ,assistant ,secretary of ,commerce for ,minority ,business ,development1 who shall be-- 7,a7 appointed by the ,president1 by and with the advice and consent of the ,senate2 and 7,b7 except as otherwise expressly provided1 responsible for the administration of this subtitle4 7#b7 ,compensation ,the ,assistant ,secretary shall be compensated at an annual rate of basic pay prescribed for level ,,iv of the ,executive ,schedule under section #ecae of title #e1 ,united ,states ,code4 7c7 ,report to ,congress ,not later than #abj days after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a report that describes-- 7#a7 the organizational structure of the ,agency2 7#b7 the organizational position of the ,agency in the ,department of ,commerce2 and 7#c7 a description of how the ,agency shall function in relation to the operations carried out by each other component of the ,department of ,commerce4 7d7 ,administrative powers and other powers of the ,agency2 miscellaneous provisions 7#a7 ,in general ,in carrying out the duties and the responsibilities of the ,agency1 the ,assistant ,secretary may-- 7,a7 adopt and use a seal for the ,agency1 which shall be judicially noticed2 7,b7 hold hearings1 sit and act1 and take testimony as the ,assistant ,secretary may determine to be necessary or appropriate2 7,c7 acquire1 in any lawful manner1 any property that the ,assistant ,secretary may determine to be necessary or appropriate2 7,d7 make advance payments under grants1 contracts1 and cooperative agreements awarded by the ,agency2 7,e7 enter into agreements with other ,federal agencies2 7,f7 coordinate with the heads of the ,offices of ,small and ,disadvantaged ,business ,utilization of ,federal agencies2 7,g7 require a coordinated review of all training and technical assistance activities that are proposed to be carried out by ,federal agencies in direct support of the development of minority business enterprises to-- 7i7 assure consistency with the purposes of this subtitle2 and 7ii7 avoid duplication of existing efforts2 and 7,h7 prescribe such rules1 regulations1 and procedures as the ,agency may determine to be necessary or appropriate4 7#b7 ,employment of certain experts and consultants 7,a7 ,in general ,the ,assistant ,secretary may employ experts and consultants or organizations that are composed of experts or consultants1 as authorized under section #caji of title #e1 ,united ,states ,code4 7,b7 ,renewal of contracts ,the ,assistant ,secretary may annually renew a contract for employment of an individual employed under subparagraph 7,a74 7#c7 ,donation of property 7,a7 ,in general ,subject to subparagraph 7,b71 the ,assistant ,secretary may1 without cost 7except for costs of care and handling71 donate for use by any public sector entity1 or by any recipient nonprofit organization1 for the purpose of the development of minority business enterprises1 any real or tangible personal property acquired by the ,agency4 7,b7 ,terms1 conditions1 reservations1 and restrictions ,the ,assistant ,secretary may impose reasonable terms1 conditions1 reservations1 and restrictions upon the use of any property donated under subparagraph 7,a74 #cjajd4 ,emergency grants to nonprofits that support minority business enterprises 7a7 ,purpose ,the purpose of this section is to make grants to covered entities in order to help those covered entities continue the necessary work of supporting minority business enterprises4 7b7 ,establishment ,not later than #ae days after the date of enactment of this ,act1 the ,agency shall establish a grant program for covered entities in accordance with the requirements of this section1 under which the ,agency shall make grants to covered entities as expeditiously as possible4 7c7 ,application 7#a7 ,in general ,a covered entity desiring a grant under this section shall submit to the ,agency an application at such time1 in such manner1 and containing such information as the ,agency may require4 7#b7 ,priority ,the ,agency shall-- 7,a7 establish selection criteria to ensure that1 if the amounts made available to carry out this section are not sufficient to make a grant under this section to every covered entity that submits an application under paragraph 7#a71 the covered entities that are the most severely affected by the effects of ,,covid-#ai receive priority with respect to those grants2 and 7,b7 give priority with respect to the grants made under this section to a covered entity that proposes to use the grant funds for-- 7i7 providing paid sick leave to employees of the covered entity who are unable to work due to the direct effects of ,,covid-#ai2 7ii7 continuing to make payroll payments in order to retain employees of the covered entity during an economic disruption with respect to ,,covid-#ai2 7iii7 making rent or mortgage payments with respect to obligations of the covered entity2 or 7iv7 repaying non-,federal obligations that the covered entity cannot satisfy because of revenue losses that are attributable to the effects of ,,covid-#ai4 7d7 ,amount of grant 7#a7 ,in general ,a grant made under this section shall be in an amount that is not more than #cjj1jjj4 7#b7 ,single award ,no covered entity may receive1 or directly benefit from1 more than #a grant made under this section4 7e7 ,use of funds ,a covered entity that receives a grant under this section may use the grant funds to address the effects of ,,covid-#ai on the covered entity1 including by making payroll payments1 making a transition to the provision of online services1 and addressing issues raised by an inability to raise funds4 7f7 ,procedures ,the ,agency shall establish procedures to discourage and prevent waste1 fraud1 and abuse by applicants for1 and recipients of1 grants made under this section4 7g7 ,penalties for fraud and misapplication of funds ,an applicant for1 or recipient of1 a grant made under this section shall be subject to all applicable provisions of ,federal law1 including section #ajja of title #ah1 ,united ,states ,code4 7h7 ,non-duplication ,the ,agency shall ensure that covered entities do not receive grants under both this section and section #aajh of the ,coronavirus ,aid1 ,relief1 and ,economic ,security ,act4 7i7 ,inspector ,general audit ,not later than #ahj days after the date on which the ,agency begins making grants under this section1 the ,inspector ,general of the ,department of ,commerce shall-- 7#a7 conduct an audit of grants made under this section1 which shall seek to identify any discrepancies or irregularities with respect to the grants2 and 7#b7 submit to ,congress a report regarding the audit conducted under paragraph 7#a74 7j7 ,updates to ,congress ,not later than #cj days after the date of enactment of this ,act1 and once every #cj days thereafter until the date described in subsection 7k71 the ,agency shall submit to ,congress a report that contains-- 7#a7 the number of grants made under this section during the period covered by the report2 and 7#b7 with respect to the grants described in paragraph 7#a71 the geographic distribution of those grants by ,state and county4 7k7 ,termination ,the authority to make grants under this section shall terminate on ,september #cj1 #bjbc4 #cjaje4 ,outreach to business centers 7a7 ,in general ,not later than #aj days after the date of enactment of this ,act1 the ,agency shall conduct outreach to the business center network of the ,agency to provide guidance to those centers regarding other ,federal programs that are available to provide support to minority business enterprises1 including programs at the ,department of the ,treasury1 the ,small ,business ,administration1 and the ,economic ,development ,administration of the ,department of ,commerce4 7b7 ,additional staff ,the ,agency may hire additional staff to carry out the responsibilities of the ,agency under subsection 7a74 7c7 ,outreach to ,native communities 7#a7 ,in general ,in carrying out this section1 the ,agency shall ensure that outreach is conducted in ,american ,indian1 ,alaska ,native1 and ,native ,hawaiian communities4 7#b7 ,direct outreach to certain minority business enterprises ,if the ,assistant ,secretary determines that a particular ,american ,indian1 ,alaska ,native1 or ,native ,hawaiian community does not receive sufficient grant amounts under section #cjajd of this subtitle or section #aajh of the ,,cares ,act1 the ,assistant ,secretary shall carry out additional outreach directly to minority business enterprises located in that community to provide guidance regarding ,federal programs that are available to provide support to minority business enterprises4 7d7 ,use of appropriated funds ,if1 after carrying out this section1 there are remaining funds made available to carry out this section from the amount appropriated under section #cjajf1 the ,agency may use those remaining funds to carry out other responsibilities of the ,agency under section #cjajd4 #cjajf4 ,direct appropriation 7a7 ,in general ,there is appropriated to the ,agency1 in additional to any other amounts previously appropriated for the ,agency and out of amounts in the ,treasury not otherwise appropriated1 for the fiscal year ending ,september #cj1 #bjba1 to remain available until ,september #cj1 #bjbd1 #fj1jjj1jjj1 of which-- 7#a7 #aj1jjj1jjj shall be for carrying out section #cjajd of this subtitle2 7#b7 #e1jjj1jjj shall be for carrying out section #cjaje of this subtitle2 and 7#c7 #aj1jjj1jjj shall be allocated to the ,white ,house ,initiative on ,asian ,americans and ,pacific ,islanders4 7b7 ,emergency designation 7#a7 ,in general ,the amounts provided by this subtitle are designated as an emergency requirement pursuant to section #d7;g7 of the ,statutory ,pay-,as-,you-,go ,act of #bjaj 7#b ,u4,s4,c4 #icc7;g774 7#b7 ,designation in ,senate ,in the ,senate1 this subtitle is designated as an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjbb4 #cjajg4 ,audits 7a7 ,recordkeeping requirement ,each recipient of assistance under this subtitle shall keep such records as the ,assistant ,secretary shall prescribe1 including records that fully disclose1 with respect to the assistance received by the recipient under this subtitle-- 7#a7 the amount and nature of that assistance2 7#b7 the disposition by the recipient of the proceeds of that assistance2 7#c7 the total cost of the undertaking for which the assistance is given or used2 7#d7 the amount and nature of the portion of the cost of the undertaking described in paragraph 7#c7 that is supplied by a source other than the ,agency2 and 7#e7 any other records that will facilitate an effective audit of the assistance4 7b7 ,access by ,government officials ,the ,assistant ,secretary1 the ,inspector ,general of the ,department of ,commerce1 and the ,comptroller ,general of the ,united ,states1 or any duly authorized representative of any such individual1 shall have access1 for the purpose of audit1 investigation1 and examination1 to any book1 document1 paper1 record1 or other material of a recipient of assistance4 #cjajh4 ,review and report by ,comptroller ,general ,not later than #d years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall-- 7#a7 conduct a thorough review of the programs carried out under this subtitle2 and 7#b7 submit to ,congress a detailed report of the findings of the ,comptroller ,general of the ,united ,states under the review carried out under paragraph 7#a71 which shall include-- 7,a7 an evaluation of the effectiveness of the programs in achieving the purposes of this subtitle2 7,b7 a description of any failure by any recipient of assistance under this subtitle to comply with the requirements under this subtitle2 and 7,c7 recommendations for any legislative or administrative action that should be taken to improve the achievement of the purposes of this subtitle4 #cjaji4 ,annual reports2 recommendations 7a7 ,annual report ,not later than #ij days after the last day of each fiscal year1 the ,assistant ,secretary shall submit to ,congress1 and publish on the website of the ,agency1 a report of each activity of the ,agency carried out under this subtitle during the fiscal year preceding the date on which the report is submitted4 7b7 ,recommendations ,the ,assistant ,secretary shall periodically submit to ,congress and the ,president recommendations for legislation or other actions that the ,assistant ,secretary determines to be necessary or appropriate to promote the purposes of this subtitle4 #cjaaj4 ,executive ,order #aafbe ,the powers and duties of the ,agency shall be determined-- 7#a7 in accordance with this subtitle and the requirements of this subtitle2 and 7#b7 without regard to ,executive ,order #aafbe 7#cf ,fed4 ,reg4 #aiifg2 relating to prescribing additional arrangements for developing and coordinating a national program for minority business enterprise74 #cjaaa4 ,amendment to the ,federal ,acquisition ,streamlining ,act of #aiid ,section #gajd7;c7 of the ,federal ,acquisition ,streamlining ,act of #aiid 7#ae ,u4,s4,c4 #fdd;a7c77 is amended by striking paragraph 7#b7 and inserting the following3 7#b7 ,the ,assistant ,secretary of ,commerce for ,minority ,business ,development4 4 ,b ,health ,enterprise ,zones #cjbja4 ,short title ,this subtitle may be cited as the ,health ,enterprise ,zones ,act of #bjbj4 #cjbjb4 ,designation of ,health ,enterprise ,zones 7a7 ,designation 7#a7 ,in general ,not later than #ah months after the date of enactment of this ,act1 the ,secretary shall1 pursuant to applications submitted under subsection 7c71 designate areas as ,health ,enterprise ,zones to reduce health disparities and improve health outcomes in such areas4 7#b7 ,eligibility of area ,to be designated as a ,health ,enterprise ,zone under this section1 an area must-- 7,a7 be a contiguous geographic area in one census tract or ,,zip code2 7,b7 have measurable and documented racial1 ethnic1 or geographic health disparities and poor health outcomes1 demonstrated by-- 7i7 average income below #aej percent of the ,federal poverty line2 7ii7 a rate of eligibility in the special supplemental nutrition program under section #ag of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aghf7 that is higher than the national average rate of eligibility in such program2 7iii7 lower life expectancy than the national average2 or 7iv7 a higher percentage of instances of low birth weight than the national average2 and 7,c7 are part of a ,metropolitan ,statistical ,area or ,micropolitan ,statistical ,area identified by the ,office of ,management and ,budget4 7b7 ,solicitation of applications ,the ,secretary shall-- 7#a7 not later than #ab months after the date of enactment of this ,act1 solicit applications under subsection 7c72 and 7#b7 publish on the website of the ,department of ,health and ,human ,services-- 7,a7 the names of all applicants1 together with the names of each applicant's coalition partners2 and 7,b7 a description of all areas proposed to be designated as ,health ,enterprise ,zones4 7c7 ,submission of applications ,to seek the designation of an area as a ,health ,enterprise ,zone1 a community-based nonprofit organization or local governmental agency1 in coalition with an array of health care providers1 hospitals1 nonprofit community health clinics1 health centers1 social service organizations1 and other related organizations shall submit an application to the ,secretary4 7d7 ,contents ,an application under subsection 7c7 shall-- 7#a7 include an effective and sustainable plan with respect to the area proposed for designation-- 7,a7 to reduce health disparities2 7,b7 to reduce the costs of1 or to produce savings to1 the health care system2 7,c7 to improve health outcomes2 and 7,d7 to utilize one or more of the incentives established pursuant to sections #cjbjd1 #cjbje1 #cjbjf1 and #cjbjg to address health care provider capacity1 improve health services delivery1 effectuate community improvements1 or conduct outreach and education efforts2 and 7#b7 identify specific diseases or indicators of health for improvement of health outcomes in such area1 including at least one of the following3 cardiovascular disease1 asthma1 diabetes1 dental health1 behavioral health1 maternal and birth health1 sexually transmitted infections1 and obesity4 7e7 ,considerations ,the ,secretary-- 7#a7 shall consider geographic diversity1 among other factors1 in selecting areas for designation as ,health ,enterprise ,zones2 and 7#b7 may conduct outreach efforts to encourage a geographically diverse pool of applicants1 including for designating ,health ,enterprise ,zones in rural areas4 7f7 ,priority ,in selecting areas for designation as ,health ,enterprise ,zones1 the ,secretary shall give higher priority to applications based on the extent to which they demonstrate the following3 7#a7 ,support from1 and participation of1 key stakeholders in the public and private sectors in the area proposed for designation1 including residents and local governments of such area4 7#b7 ,a plan for long-term funding and sustainability4 7#c7 ,supporting funds from the private sector4 7#d7 ,integration with any applicable ,state health improvement process or plan4 7#e7 ,a plan for evaluation of the impact of designation of such area as a ,health ,enterprise ,zone4 7#f7 ,a plan to utilize existing ,state tax credits1 grants1 or other incentives to reduce health disparities and improve health outcomes in the proposed ,health ,enterprise ,zone4 7#g7 ,such other factors as the ,secretary determines are appropriate to demonstrate a commitment to reduce health disparities and improve health outcomes in such area4 7g7 ,period of designation ,the designation under this section of any area as a ,health ,enterprise ,zone shall expire at the end of the period of #aj fiscal years following the enactment of this ,act4 #cjbjc4 ,consultation ,the ,secretary shall carry out this subtitle in consultation with-- 7#a7 the ,secretary of ,housing and ,urban ,development2 and 7#b7 the ,deputy ,assistant ,secretary for ,minority ,health4 #cjbjd4 ,tax incentives 7a7 ,work opportunity credit for hiring ,health ,enterprise ,zone workers 7#a7 ,in general ,section #ea7;d77#a7 of the ,internal ,revenue ,code of #aihf is amended by striking or at the end of subparagraph 7,i71 by striking the period at the end of subparagraph 7,j7 and inserting 1 or1 and by adding at the end the following new subparagraph3 7,k7 a qualified ,health ,enterprise ,zone worker1 to the extent that the qualified first-year wages with respect to such worker are paid for qualified ,health ,enterprise ,zone work4 4 7#b7 ,qualified ,health ,enterprise ,zone worker ,section #ea7;d7 of such ,code is amended by adding at the end the following new paragraphs3 7#af7 ,qualified ,health ,enterprise ,zone worker ,the term qualified ,health ,enterprise ,zone worker means any individual who is certified by the designated local agency as having 7as of the hiring date7 a principal place of employment within a ,health ,enterprise ,zone 7as such term is defined in section #cjbji of the ,health ,enterprise ,zones ,act of #bjbj74 7#ag7 ,qualified ,health ,enterprise ,zone work ,the term qualified ,health ,enterprise ,zone work means employment by a ,health ,enterprise ,zone practitioner 7as such term is defined in section #cjbji of the ,health ,enterprise ,zones ,act of #bjbj71 the primary official duties of which promote access to healthcare in a ,health ,enterprise ,zone 7as such term is defined in section #cjbji of the ,health ,enterprise ,zones ,act of #bjbj74 4 7#c7 ,effective date ,the amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this ,act to individuals who begin work for the employer after such date4 7b7 ,credit for ,health ,enterprise ,zone workers 7#a7 ,in general ,subpart ,a of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf is amended by inserting after section #be;,d the following new section3 #be;,e4 ,credit for qualified ,health ,enterprise ,zone workers 7a7 ,allowance of credit ,in the case of a qualified ,health ,enterprise ,zone worker1 there shall be allowed as a credit against the tax imposed by this chapter for a taxable year an amount equal to #dj percent of wages received for qualified ,health ,enterprise ,zone work4 7b7 ,definitions ,for purposes of this section-- 7#a7 ,the term qualified ,health ,enterprise ,zone worker means1 with respect to wages1 an individual whose principal place of employment while earning such wages is within a ,health ,enterprise ,zone 7as such term is defined in section #cjbji of the ,health ,enterprise ,zones ,act of #bjbj74 7#b7 ,the term qualified ,health ,enterprise ,zone work has the meaning given such term in section #ea4 4 7#b7 ,clerical amendment ,the table of sections for subpart ,a of part ,,iv of subchapter ,a of chapter #a of such ,code is amended by inserting after the item relating to section #be;,d the following new item3 ,sec4 #be;,e4 ,credit for qualified ,health ,enterprise ,zone workers4 4 7#c7 ,effective date ,the amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this ,act4 #cjbje4 ,grants 7a7 ,authorization ,for each area designated under section #cjbjb as a ,health ,enterprise ,zone1 the ,secretary may award a grant to the community-based nonprofit organization or local governmental agency that applied for such designation to support such applicant and its coalition partners in reducing health disparities and improving health outcomes in such area4 7b7 ,use of funds ,programs and activities funded through a grant under this section shall be consistent with the grantee's plan submitted pursuant to section #cjbjb7;d77#a7 and may include the following3 7#a7 ,subgrants to health care practitioners 7,a7 ,in general ,for the purpose of improving or expanding the delivery of health care in the respective ,health ,enterprise ,zone1 the grantee may award subgrants to ,health ,enterprise ,zone practitioners to defray costs related to innovative strategies listed in paragraph 7#b74 7,b7 ,eligibility ,to be eligible to receive a subgrant pursuant to subparagraph 7,a71 a ,health ,enterprise ,zone practitioner shall-- 7i7 own or lease a health care facility in the ,health ,enterprise ,zone2 or 7ii7 provide health care in such a facility4 7,c7 ,amount ,the amount of a subgrant under subparagraph 7,a7 may not exceed the lesser of-- 7i7 #e1jjj1jjj2 or 7ii7 #ej percent of the costs of the equipment1 or capital or leasehold improvements1 to be defrayed using the subgrant to implement innovative strategies listed in paragraph 7#b74 7#b7 ,innovative strategies ,a grantee 7or subgrantee7 may use a grant received under this section 7or a subgrant received under paragraph 7#a77 to implement innovative public health strategies in the respective ,health ,enterprise ,zone1 which strategies may include-- 7,a7 internships and volunteer opportunities for students who reside in the ,health ,enterprise ,zone2 7,b7 funding resources to improve health care provider capacity to serve non-,english speakers2 7,c7 operation of medical1 mental and behavioral health1 and dental mobile clinics2 7,d7 provision of transportation to and from medical appointments for patients2 7,e7 funding resources to improve access to healthy food1 recreation1 and high-quality housing2 7,f7 capital or leasehold improvements to a health care facility in the respective ,health ,enterprise ,zone2 and 7,g7 medical or dental equipment to be used in such a facility4 #cjbjf4 ,student loan repayment program 7a7 ,in general ,the ,secretary shall carry out a loan repayment program under which the ,secretary enters into agreements with eligible ,health ,enterprise ,zone practitioners to make payments on the principal and interest of the eligible educational loans of such practitioners for each year such practitioners agree to provide health care services in a ,health ,enterprise ,zone4 7b7 ,limitations ,in entering into loan repayment agreements under this section1 the ,secretary may not agree to-- 7#a7 make payments for more than #aj years with respect to a practitioner2 or 7#b7 pay more than #aj1jjj per year1 or more than a total of #ajj1jjj1 with respect to a practitioner4 7c7 ,definitions ,in this section3 7#a7 ,the term eligible educational loan means any federally funded or guaranteed student loan as determined appropriate by the ,secretary in coordination with the ,secretary of ,education4 7#b7 ,the term eligible ,health ,enterprise ,zone practitioner means a ,health ,enterprise ,zone practitioner who agrees-- 7,a7 to provide health care services in a ,health ,enterprise ,zone for a specified period that is not less than one year2 and 7,b7 has one or more eligible educational loans4 #cjbjg4 ,ten percent increase of payment for items and services payable under ,medicare ,part ,b furnished in ,health ,enterprise ,zones ,section #ahcc7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciel7a77 is amended by inserting before the period at the end the following3 4 ,with respect to items and services payable under this part that are furnished in a ,health ,enterprise ,zone 7as defined in section #cjbji of the ,health ,enterprise ,zones ,act of #bjbj7 during the period beginning on the first day an area is designated a ,health ,enterprise ,zone under section #cjbjb7;a77#a7 of such ,act and ending on the last day of the fiscal year that is #aj fiscal years following the enactment of this ,act1 the payment rates otherwise established for such items and services shall be increased by #aj percent4 #cjbjh4 ,reporting 7a7 ,in general ,not later than the end of each fiscal year in the period of #aj fiscal years following the date of enactment of this ,act1 the ,secretary shall submit to the ,congress a report on the implementation of this subtitle and the results thereof4 7b7 ,contents ,each report under subsection 7a7 shall-- 7#a7 specify the number and types of incentives provided pursuant to this subtitle in each ,health ,enterprise ,zone designated under section #cjbjb2 7#b7 include evidence of the extent to which the incentives utilized by each ,health ,enterprise ,zone have succeeded-- 7,a7 in attracting health care practitioners to practice in ,health ,enterprise ,zones2 7,b7 in reducing health disparities and improving health outcomes in ,health ,enterprise ,zones2 and 7,c7 in reducing health costs and hospital admissions and readmissions in ,health ,enterprise ,zones4 #cjbji4 ,definitions ,in this subtitle3 7#a7 ,the term ,health ,enterprise ,zone means an area designated under section #cjbjb as a ,health ,enterprise ,zone4 7#b7 ,the term ,health ,enterprise ,zone practitioner means a health care practitioner who-- 7,a7 is licensed or certified in accordance with applicable ,state law to treat patients in the respective ,health ,enterprise ,zone2 7,b7 provides-- 7i7 primary care1 which may include obstetrics1 gynecological services1 pediatric services1 or geriatric services2 7ii7 behavioral health services1 which may include mental health or substance use disorder services2 or 7iii7 dental services2 and 7,c7 is a participating provider of services or supplier under the ,medicare program under title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #acie et seq47 or a participating provider under a ,state plan under title ,,xix of such ,act 7#db ,u4,s4,c4 #acif et seq474 7#c7 ,the term ,secretary means the ,secretary of ,health and ,human ,services4 #cjbaj4 ,authorization of appropriations ,to carry out this subtitle1 there is authorized to be appropriated such sums as may be necessary for the period of #aj fiscal years following the date of enactment of this ,act4 ,c ,coverage for ,,covid-#ai ,treatment #cjcja4 ,short title ,this subtitle may be cited as the ,coverage for ,,covid-#ai ,treatment ,act of #bjbj4 #cjcjb4 ,coverage of ,,covid-#ai related treatment at no cost sharing 7a7 ,in general ,a group health plan and a health insurance issuer offering group or individual health insurance coverage 7including a grandfathered health plan 7as defined in section #abea7;e7 of the ,patient ,protection and ,affordable ,care ,act77 shall provide coverage1 and shall not impose any cost sharing 7including deductibles1 copayments1 and coinsurance7 requirements1 for the following items and services furnished during any portion of the emergency period defined in paragraph 7#a77;,b7 of section #aace7;g7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;b-#e7;g77 beginning on or after the date of the enactment of this ,act3 7#a7 ,medically necessary items and services 7including in-person or telehealth visits in which such items and services are furnished7 that are furnished to an individual who has been diagnosed with 7or after provision of the items and services is diagnosed with7 ,,covid-#ai to treat or mitigate the effects of ,,covid-#ai4 7#b7 ,medically necessary items and services 7including in-person or telehealth visits in which such items and services are furnished7 that are furnished to an individual who is presumed to have ,,covid-#ai but is never diagnosed as such1 if the following conditions are met3 7,a7 ,such items and services are furnished to the individual to treat or mitigate the effects of ,,covid-#ai or to mitigate the impact of ,,covid-#ai on society4 7,b7 ,health care providers have taken appropriate steps under the circumstances to make a diagnosis1 or confirm whether a diagnosis was made1 with respect to such individual1 for ,,covid-#ai1 if possible4 7b7 ,items and services related to ,,covid-#ai ,for purposes of this section-- 7#a7 not later than one week after the date of the enactment of this section1 the ,secretary of ,health and ,human ,services1 ,secretary of ,labor1 and ,secretary of the ,treasury shall jointly issue guidance specifying applicable diagnoses and medically necessary items and services related to ,,covid-#ai2 and 7#b7 such items and services shall include all items or services that are relevant to the treatment or mitigation of ,,covid-#ai1 regardless of whether such items or services are ordinarily covered under the terms of a group health plan or group or individual health insurance coverage offered by a health insurance issuer4 7c7 ,reimbursement to plans and coverage for waiving cost sharing 7#a7 ,in general ,a group health plan or a health insurance issuer offering group or individual health insurance coverage 7including a grandfathered health plan 7as defined in section #abea7;e7 of the ,patient ,protection and ,affordable ,care ,act77 that does not impose cost sharing requirements as described in subsection 7a7 shall notify the ,secretary of ,health and ,human ,services1 ,secretary of ,labor1 and ,secretary of the ,treasury 7through a joint process established jointly by the ,secretaries7 of the total dollar amount of cost sharing that1 but for the application of subsection 7a71 would have been required under such plans and coverage for items and services related to ,,covid-#ai furnished during the period to which subsection 7a7 applies to enrollees1 participants1 and beneficiaries in the plan or coverage to whom such subsection applies1 but which was not imposed for such items and services so furnished pursuant to such subsection and the ,secretary of ,health and ,human ,services1 in coordination with the ,secretary of ,labor and the ,secretary of the ,treasury1 shall make payments in accordance with this subsection to the plan or issuer equal to such total dollar amount4 7#b7 ,methodology for payments ,the ,secretary of ,health and ,human ,services1 in coordination with the ,secretary of ,labor and the ,secretary of the ,treasury shall establish a payment system for making payments under this subsection4 ,any such system shall make payment for the value of cost sharing not imposed by the plan or issuer involved4 7#c7 ,timing of payments ,payments made under paragraph 7#a7 shall be made no later than ,may #a1 #bjbc1 for amounts of cost sharing waivers with respect to #bjba4 ,payments under this subsection with respect to such waivers with respect to a year subsequent to #bjba that begins during the period to which subsection 7a7 applies shall be made no later than ,may of the year following such subsequent year4 7#d7 ,appropriations ,there is authorized to be appropriated1 and there is appropriated1 out of any monies in the ,treasury not otherwise appropriated1 such funds as are necessary to carry out this subsection4 7d7 ,enforcement 7#a7 ,application with respect to ,,phsa1 ,,erisa1 and ,,irc ,the provisions of this section shall be applied by the ,secretary of ,health and ,human ,services1 ,secretary of ,labor1 and ,secretary of the ,treasury to group health plans and health insurance issuers offering group or individual health insurance coverage as if included in the provisions of part ,a of title ,,xxvii of the ,public ,health ,service ,act1 part #g of the ,employee ,retirement ,income ,security ,act of #aigd1 and subchapter ,b of chapter #ajj of the ,internal ,revenue ,code of #aihf1 as applicable4 7#b7 ,private right of action ,an individual with respect to whom an action is taken by a group health plan or health insurance issuer offering group or individual health insurance coverage in violation of subsection 7a7 may commence a civil action against the plan or issuer for appropriate relief4 ,the previous sentence shall not be construed as limiting any enforcement mechanism otherwise applicable pursuant to paragraph 7#a74 7e7 ,implementation ,the ,secretary of ,health and ,human ,services1 ,secretary of ,labor1 and ,secretary of the ,treasury may implement the provisions of this section through sub-regulatory guidance1 program instruction or otherwise4 7f7 ,terms ,the terms group health plan1 health insurance issuer1 group health insurance coverage1 and individual health insurance coverage have the meanings given such terms in section #bgia of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg-#ia71 section #gcc of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #aaia;b71 and section #ihcb of the ,internal ,revenue ,code of #aihf1 as applicable4 ,d ,quit ,because of ,,covid-#ai #cjdja4 ,short title ,this subtitle may be cited as the ,quit ,because of ,,covid-#ai ,act4 #cjdjb4 ,coverage of comprehensive tobacco cessation services in ,medicaid 7a7 ,requiring ,medicaid coverage of counseling and pharmacotherapy for cessation of tobacco use ,section #aije of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7 is amended-- 7#a7 in subsection 7a77#d7-- 7,a7 in subparagraph 7,d71 by striking and2 and 7,b7 by inserting before the semicolon the following3 2 and 7,e7 counseling and pharmacotherapy for cessation of tobacco use by individuals who are eligible under the ,state plan 7as defined in subsection 7gg77 during the period beginning on the first day of the emergency period described in section #aace7;g77#a77;,b7 and ending on the last day of the #b-year period after the last day of such emergency period2 7#b7 by adding at the end the following new subsection3 7gg7 ,for purposes of this title1 the term counseling and pharmacotherapy for cessation of tobacco use means diagnostic1 therapy1 and counseling services and pharmacotherapy 7including the coverage of prescription and nonprescription tobacco cessation agents approved by the ,food and ,drug ,administration7 for the cessation of tobacco use by individuals who use tobacco products or who are being treated for tobacco use that are furnished-- 7#a7 by or under the supervision of a physician2 or 7#b7 by any other health care professional who-- 7,a7 is legally authorized to furnish such services under ,state law 7or the ,state regulatory mechanism provided by ,state law7 of the ,state in which the services are furnished2 and 7,b7 is authorized to receive payment for other services under this title or is designated by the ,secretary for this purpose2 which is recommended in the guideline entitled1 ,treating ,tobacco ,use and ,dependence3 #bjjh ,update3 ,a ,clinical ,practice ,guideline published by the ,public ,health ,service in ,may #bjjh 7or any subsequent modification of such guideline7 or is recommended for the cessation of tobacco use by the ,u4,s4 ,preventive ,services ,task ,force or any additional intervention approved by the ,food and ,drug ,administration as safe and effective in helping smokers quit4 4 7b7 ,no cost sharing 7#a7 ,in general ,subsections 7a77#b7 and 7b77#b7 of section #aiaf of the ,social ,security ,act 7#db ,u4,s4,c4 #acifo7 are each amended-- 7,a7 in subparagraph 7,f71 by striking or at the end2 7,b7 in subparagraph 7,g71 by striking 2 and and inserting 1 or 2 and 7,c7 by adding at the end the following new subparagraph3 7,h7 counseling and pharmacotherapy for cessation of tobacco use 7as defined in section #aije7;gg77 and covered outpatient drugs 7as defined in subsection 7k77#b7 of section #aibg and including nonprescription drugs described in subsection 7d77#b7 of such section7 that are prescribed for purposes of promoting tobacco cessation in accordance with the guideline specified in section #aije7;gg77#b77;,a7 furnished during the period beginning on the first day of the emergency period described in section #aace7;g77#a77;,b7 and ending on the last day of the #b-year period after the last day of such emergency period2 and 4 7#b7 ,application to alternative cost sharing ,section #aiaf;,a7b77#c77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifo-#a7;b77#c77;,b77 is amended by adding at the end the following new clause3 7xii7 ,counseling and pharmacotherapy for cessation of tobacco use 7as defined in section #aije7;gg77 and covered outpatient drugs 7as defined in subsection 7k77#b7 of section #aibg and including nonprescription drugs described in subsection 7d77#b7 of such section7 that are prescribed for purposes of promoting tobacco cessation in accordance with the guideline specified in section #aije7;gg77#b77;,a7 furnished during the period beginning on the first day of the emergency period described in section #aace7;g77#a77;,b7 and ending on the last day of the #b-year period after the last day of such emergency period4 4 7c7 ,exception from optional restriction under ,medicaid prescription drug coverage ,section #aibg7;d77#b77;,f7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifr-#h7;d77#b77;,f77 is amended to read as follows3 7,f7 ,nonprescription drugs1 except1 in the case of-- 7i7 pregnant women when recommended in accordance with the guideline specified in section #aije7;bb77#b77;,a71 agents approved by the ,food and ,drug ,administration under the over-the-counter monograph process for purposes of promoting tobacco cessation2 and 7ii7 individuals who are eligible under the ,state plan when recommended in accordance with the ,guideline referred to in section #aije7;gg77#b77;,a71 agents approved by the ,food and ,drug ,administration under the over-the-counter monograph process for purposes of promoting tobacco cessation 7as defined in subsection 7bb7 during the period beginning on the first day of the emergency period described in section #aace7;g77#a77;,b7 and ending on the last day of the #b-year period after the last day of such emergency period4 4 7d7 ,state monitoring and promoting of comprehensive tobacco cessation services under ,medicaid ,section #aijb7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7 is amended-- 7#a7 in paragraph 7#he71 by striking at the end and2 7#b7 in paragraph 7#hf71 by striking the period at the end and inserting 2 and2 and 7#c7 by inserting after paragraph 7#hf7 the following new paragraph3 7#hg7 during the period beginning on the first day of the emergency period described in section #aace7;g77#a77;,b7 and ending on the last day of the #b-year period after the last day of such emergency period1 provide for the ,state to monitor and promote the use of comprehensive tobacco cessation services under the ,state plan 7including conducting an outreach campaign to increase awareness of the benefits of using such services7 among-- 7,a7 individuals entitled to medical assistance under the ,state plan who use tobacco products2 and 7,b7 clinicians and others who provide services to individuals entitled to medical assistance under the ,state plan4 4 7e7 ,federal reimbursement for ,medicaid coverage and outreach campaign ,section #aijc7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;b7a77 is amended-- 7#a7 in paragraph 7#g71 by striking the period at the end and inserting 2 plus2 and 7#b7 by inserting after paragraph 7#g7 the following new paragraphs3 7#h7 during the period beginning on the first day of the emergency period described in section #aace7;g77#a77;,b7 and ending on the last day of the #b-year period after the last day of such emergency period1 an amount equal to #ajj percent of the sums expended during each quarter which are attributable to the cost of furnishing counseling and pharmacotherapy for cessation of tobacco use by individuals who are eligible under the ,state plan as described in section #aije7;a77#d77;,e72 plus 7#i7 during the period described in paragraph 7#h71 an amount equal to #ajj percent of the sums expended during each quarter which are attributable to the development1 implementation1 and evaluation of an outreach campaign to-- 7,a7 increase awareness of comprehensive tobacco cessation services covered in the ,state plan among-- 7i7 individuals who are likely to be eligible for medical assistance under the ,state plan2 and 7ii7 clinicians and others who provide services to individuals who are likely to be eligible for medical assistance under the ,state plan2 and 7,b7 increase awareness of the benefits of using comprehensive tobacco cessation services covered in the ,state plan among-- 7i7 individuals who are likely to be eligible for medical assistance under the ,state plan2 and 7ii7 clinicians and others who provide services to individuals who are likely to be eligible for medical assistance under the ,state plan about the benefits of using comprehensive tobacco cessation services4 4 7f7 ,no prior authorization for tobacco cessation drugs under ,medicaid ,section #aibg7;d7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifr-#h7;d77 is amended-- 7#a7 in paragraph 7#a77;,a71 by striking ,a ,state and inserting ,subject to paragraph 7#h71 a ,state2 and 7#b7 by adding at the end the following new paragraph3 7#h7 ,no prior authorization programs for tobacco cessation drugs ,during the period beginning on the first day of the emergency period described in section #aace7;g77#a77;,b7 and ending on the last day of the #b-year period after the last day of such emergency period1 a ,state plan may not require1 as a condition of coverage or payment for a covered outpatient drug1 the approval of an agent to promote smoking cessation 7including agents approved by the ,food and ,drug ,administration7 or tobacco cessation4 4 #cjdjc4 ,coverage of comprehensive tobacco cessation services in ,,chip 7a7 ,requiring ,,chip coverage of counseling and pharmacotherapy for cessation of tobacco use 7#a7 ,in general ,section #bajc7;c77#b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;cc7c77#b77 is amended by adding at the end the following new subparagraph3 7,d7 ,counseling and pharmacotherapy for cessation of tobacco use by individuals who are eligible under the ,state child health plan during the period beginning on the first day of the emergency period described in section #aace7;g77#a77;,b7 and ending on the last day of the #b-year period after the last day of such emergency period4 4 7#b7 ,counseling and pharmacotherapy for cessation of tobacco use defined ,section #baaj7;c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;jj7c77 is amended by adding at the end the following new paragraph3 7#aj7 ,counseling and pharmacotherapy for cessation of tobacco use ,the term counseling and pharmacotherapy for cessation of tobacco use means diagnostic1 therapy1 and counseling services and pharmacotherapy 7including the coverage of prescription and nonprescription tobacco cessation agents approved by the ,food and ,drug ,administration7 for the cessation of tobacco use by individuals who use tobacco products or who are being treated for tobacco use that are furnished-- 7,a7 by or under the supervision of a physician2 or 7,b7 by any other health care professional who-- 7i7 is legally authorized to furnish such services under ,state law 7or the ,state regulatory mechanism provided by ,state law7 of the ,state in which the services are furnished2 and 7ii7 is authorized to receive payment for other services under this title or is designated by the ,secretary for this purpose2 which is recommended in the guideline entitled1 ,treating ,tobacco ,use and ,dependence3 #bjjh ,update3 ,a ,clinical ,practice ,guideline published by the ,public ,health ,service in ,may #bjjh 7or any subsequent modification of such guideline7 or is recommended for the cessation of tobacco use by the ,u4,s4 ,preventive ,services ,task ,force or any additional intervention approved by the ,food and ,drug ,administration as safe and effective in helping smokers quit4 4 7b7 ,no cost sharing ,section #bajc7;e7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;cc7e77 is amended by adding at the end the following new paragraph3 7#e7 ,no cost sharing on benefits for counseling and pharmacotherapy for cessation of tobacco use ,the ,state child health plan may not impose deductibles1 coinsurance1 or other cost sharing with respect to benefits for counseling and pharmacotherapy for cessation of tobacco use 7as defined in section #baaj7;c77#aj77 and prescription drugs that are covered under a ,state child health plan that are prescribed for purposes of promoting tobacco cessation in accordance with the guideline specified in section #baaj7;c77#aj77;,b7 furnished during the period beginning on the first day of the emergency period described in section #aace7;g77#a77;,b7 and ending on the last day of the #b-year period after the last day of such emergency period4 4 7c7 ,exception from optional restriction under ,,chip prescription drug coverage ,section #bajc of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;cc7 is amended by adding at the end the following new subsection3 7g7 ,exception from optional restriction under ,,chip prescription drug coverage ,the ,state child health plan may exclude or otherwise restrict nonprescription drugs1 except1 in the case of-- 7#a7 pregnant women when recommended in accordance with the guideline specified in section #baaj7;c77#aj77;,b71 agents approved by the ,food and ,drug ,administration under the over-the-counter monograph process for purposes of promoting tobacco cessation2 and 7#b7 individuals who are eligible under the ,state child health plan when recommended in accordance with the ,guideline referred to in section #baaj7;c77#aj77;,b71 agents approved by the ,food and ,drug ,administration under the over-the-counter monograph process for purposes of promoting tobacco cessation during the period beginning on the first day of the emergency period described in section #aace7;g77#a77;,b7 and ending on the last day of the #b-year period after the last day of such emergency period4 4 7d7 ,state monitoring and promoting of comprehensive tobacco cessation services under ,,chip ,section #bajb of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;bb7 is amended by adding at the end the following new subsection3 7d7 ,state monitoring and promoting of comprehensive tobacco cessation services under ,,chip ,a ,state child health plan shall include a description of the procedures to be used by the ,state during the period beginning on the first day of the emergency period described in section #aace7;g77#a77;,b7 and ending on the last day of the #b-year period after the last day of such emergency period to monitor and promote the use of comprehensive tobacco cessation services under the ,state plan 7including conducting an outreach campaign to increase awareness of the benefits of using such services7 among-- 7#a7 individuals entitled to medical assistance under the ,state child health plan who use tobacco products2 and 7#b7 clinicians and others who provide services to individuals entitled to medical assistance under the ,state child health plan4 4 7e7 ,federal reimbursement for ,,chip coverage and outreach campaign ,section #baje7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;ee7a77 is amended by adding at the end the following new paragraph3 7#e7 ,federal reimbursement for ,,chip coverage of comprehensive tobacco cessation services and outreach campaign ,in addition to the payments made under paragraph 7#a71 during the period beginning on the first day of the emergency period described in section #aace7;g77#a77;,b7 and ending on the last day of the #b-year period after the last day of such emergency period1 the ,secretary shall pay-- 7,a7 an amount equal to #ajj percent of the sums expended during each quarter which are attributable to the cost of furnishing counseling and pharmacotherapy for cessation of tobacco use by individuals who are eligible under the ,state child health plan2 plus 7,b7 an amount equal to #ajj percent of the sums expended during each quarter which are attributable to the development1 implementation1 and evaluation of an outreach campaign to-- 7i7 increase awareness of comprehensive tobacco cessation services covered in the ,state child health plan among-- 7,i7 individuals who are likely to be eligible for medical assistance under the ,state child health plan2 and 7,,ii7 clinicians and others who provide services to individuals who are likely to be eligible for medical assistance under the ,state child health plan2 and 7ii7 increase awareness of the benefits of using comprehensive tobacco cessation services covered in the ,state child health plan among-- 7,i7 individuals who are likely to be eligible for medical assistance under the ,state child health plan2 and 7,,ii7 clinicians and others who provide services to individuals who are likely to be eligible for medical assistance under the ,state child health plan about the benefits of using comprehensive tobacco cessation services4 4 7f7 ,no prior authorization for tobacco cessation drugs under ,,chip ,section #bajc of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;cc71 as amended by subsection 7c71 is further amended-- 7#a7 in subsection 7c77#b77;,a71 by inserting 7in accordance with subsection 7h7 after ,coverage of prescription drugs2 and 7#b7 by adding at the end the following new subsection3 7h7 ,no prior authorization programs for tobacco cessation drugs ,during the period beginning on the first day of the emergency period described in section #aace7;g77#a77;,b7 and ending on the last day of the #b-year period after the last day of such emergency period1 a ,state child health plan may not require1 as a condition of coverage or payment for a prescription drugs1 the approval of an agent to promote smoking cessation 7including agents approved by the ,food and ,drug ,administration7 or tobacco cessation4 4 #cjdjd4 ,rule of construction ,none of the amendments made by this subtitle shall be construed to limit coverage of any counseling or pharmacotherapy for individuals under #ah years of age4 ,e ,food for ,working ,families #cjeja4 ,short title ,this subtitle may be cited as the ,food for ,working ,families ,act of #bjbj4 #cjejb4 ,federal pandemic unemployment compensation ,income and resources disregard for ,,snap ,the monthly equivalent of any ,federal pandemic unemployment compensation paid to an individual under section #bajd of the ,,cares ,act 7,public ,law #aaf-acf7 shall be excluded for the purpose of determining income and resources under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq474 ,f ,reducing ,,covid-#ai ,disparities by ,investing in ,public ,health #cjfja4 ,short title ,this subtitle may be cited as the ,reducing ,,covid-#ai ,disparities by ,investing in ,public ,health ,act4 #cjfjb4 ,findings ,the ,congress finds the following3 7#a7 ,funding under this subtitle is essential to core efforts at the ,department of ,health and ,human ,services and in local and ,state health departments to prevent and control the spread of chronic disease and conditions4 ,the ,national ,center for ,chronic ,disease ,prevention and ,health ,promotion works to raise awareness of health disparities faced by minority populations of the ,united ,states such as ,american ,indians1 ,alaska ,natives1 ,asian ,americans1 ,african ,americans1 ,latino ,americans1 and ,native ,hawaiians or other ,pacific ,islanders4 ,one of the primary functions of the ,center is to reduce risk factors for groups affected by health disparities4 7#b7 ,six in ten ,americans live with at least one chronic disease1 like heart disease and stroke1 cancer1 or diabetes4 ,these and other chronic diseases are the leading causes of death and disability in ,america4 ,specifically1 chronic diseases are responsible for #g in #aj deaths each year4 ,according to the ,centers for ,disease ,control and ,prevention 7,,cdc71 individuals who are at high risk for severe illness from ,,covid-#ai are people with chronic lung disease or moderate to severe asthma1 people with serious heart conditions1 people who are immunocompromised--sometimes because of cancer or ,,hiv_/,,aids1 people with diabetes1 people with liver disease1 people with severe obesity1 and people with chronic kidney disease undergoing dialysis4 7#c7 ,according to hospital data from the first month of the ,,covid-#ai epidemic in the ,united ,states released by the ,,cdc1 roughly #a in #c people who required hospitalizations from ,,covid-#ai were ,african ,american4 ,while #cc percent of total hospitalized patients are ,black1 ,african ,americans constitute just #ac percent of the entire ,american population4 ,early data released by ,states and municipalities show that ,african ,americans suffer higher mortality rates from ,,covid-#ai4 ,socioeconomic factors further contribute to racial disparities seen in both prevalence of chronic conditions and exposure to ,,covid-#ai4 ,individuals in low-income communities and people of color are more likely to have many of the chronic health conditions that have been identified as risk factors for complications from ,,covid-#ai1 yet suffer decreased access to care1 compounded by a decreased likelihood of undergoing appropriate treatment4 7#d7 ,according to the ,american ,diabetes ,association1 #ab4a percent of ,hispanic ,americans1 #ab4g percent of ,african ,americans1 #h percent of ,asian ,americans1 and #ae4a percent of ,american ,indians_/,alaska ,natives have been diagnosed with diabetes1 compared to just #g4d percent of ,white ,americans4 ,the ,,cdc calculated that compared to non-,hispanic ,whites1 ,hispanics are #dj percent more likely to die from diabetes1 ,african ,americans are twice as likely to die from diabetes1 and ,american ,indians_/,alaska ,natives are almost twice as likely to die from the disease4 7#e7 ,according to the ,national ,institutes of ,health1 ,african ,americans are more than #cj percent more likely to die from heart disease1 are twice as likely to have a stroke--which tends to be more severe with a higher morbidity and results in higher mortality1 are #dj percent more likely to have high blood pressure1 and have a higher rate of hypertension and heart failure than their ,white counterparts4 7#f7 ,minority groups suffer from asthma at a disproportionate rate1 have the highest number of emergency room visits and hospital stays due to asthma1 and have higher mortality rates from asthma than their ,white counterparts4 ,the prevalence of childhood asthma for ,african ,americans is #ab4g percent compared to #h percent for ,white ,americans1 while mortality rates in children and adults are eightfold and threefold higher1 respectively1 for ,african ,americans compared to ,white ,americans4 7#g7 ,president ,trump has consistently proposed budgets that would cut the ,chronic ,disease ,prevention and ,health ,promotion ,fund4 ,in fiscal year #bjba1 the ,president proposed to consolidate the ,,cdc's primary chronic disease prevention activities1 including tobacco1 diabetes1 heart disease1 and stroke1 and nutrition and physical activity1 into a single block grant to ,states1 while proposing a #dbg1jjj1jjj cut to the account4 ,in fiscal year #bjbj1 the ,president proposed a #bcf1ejj1jjj cut to the account4 ,in fiscal year #bjai1 the ,president proposed a #ach1cjj1jjj cut to the account4 ,in fiscal year #bjah1 the ,president proposed a #bbb1cjj1jjj cut to the account4 7#h7 ,cuts to this ,fund and other public health prevention efforts undermine efforts to create an affordable and accessible health care system1 and a better quality of life for ,americans of all ethnic1 racial1 and socioeconomic backgrounds4 ,cuts to this ,fund would also exacerbate existing disparities and underlying health conditions that have created seemingly vast disparities in hospitalization and mortality rates due to ,,covid-#ai4 7#i7 ,prevention efforts have proven to be effective4 ,funding increases for community-based public health programs reduce preventable disease caused by diabetes1 cancer1 and cardiovascular disease4 ,improved access to intervention1 treatment1 and affordable care is also proven to mitigate the development of associated chronic diseases and mortality rates4 7#aj7 ,increasing the ,chronic ,disease ,prevention and ,health ,promotion ,fund funding to #b1djj1jjj1jjj annually will allow the ,fund to invest in more innovative1 evidence-based public health programs1 maintain and expand investments in programs with demonstrated success1 and help reduce racial health disparities and rates of chronic disease that can put persons of color at greater risk of hospitalization or death from ,,covid-#ai4 7#aa7 ,further1 the ,office of ,minority ,health in the ,office of the ,secretary of ,health and ,human ,services 7established by section #agjg of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjju-#f77 was designed for the purpose of improving minority health and the quality of health care minorities receive1 and eliminating racial and ethnic disparities4 ,the ,office of ,minority ,health and ,health ,equity at the ,,cdc serves to decrease health disparities1 address social determinants of health1 and promote access to high-quality preventative health care4 ,the ,office of ,minority ,health and ,health ,equity at the ,food and ,drug ,administration promotes and protects the health of diverse populations through research and communication of science that addresses health disparities4 ,the ,national ,institute on ,minority ,health and ,health ,disparities leads scientific research that advances understanding of minority health and health disparities4 7#ab7 ,increasing funding for these and other critical health programs will enable the ,united ,states and ,state departments of public health to better combat disparities that have emerged during the ,,covid-#ai crisis and beyond4 #cjfjc4 ,reducing ,,covid-#ai disparities by investing in public health 7a7 ,chronic ,disease ,prevention and ,health ,promotion ,there is authorized to be appropriated1 and there is hereby appropriated1 out of any money in the ,treasury not otherwise appropriated1 for ,centers for ,disease ,control and ,prevention--,chronic ,disease ,prevention and ,health ,promotion1 for fiscal year #bjbb and each subsequent fiscal year1 #b1djj1jjj1jjj4 7b7 ,national ,institute on ,minority ,health and ,health ,disparities ,there is authorized to be appropriated1 and there is hereby appropriated1 out of any money in the ,treasury not otherwise appropriated1 to the ,national ,institute on ,minority ,health and ,health ,disparities1 for fiscal year #bjbb and each subsequent fiscal year1 #fgb1jjj1jjj4 7c7 ,office of ,minority ,health ,there is authorized to be appropriated1 and there is hereby appropriated1 out of any money in the ,treasury not otherwise appropriated1 to the ,office of ,minority ,health in the ,office of the ,secretary of ,health and ,human ,services 7established by section #agjg of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjju-#f771 for fiscal year #bjbb and each subsequent fiscal year1 the amount that is twice the amount of funds made available to such ,office of ,minority ,health for fiscal year #bjbb4 7d7 ,other ,offices of ,minority ,health within the ,department of ,health and ,human ,services ,there is authorized to be appropriated1 and there is hereby appropriated1 out of any money in the ,treasury not otherwise appropriated1 to the ,office of ,minority ,health of the ,agency for ,healthcare ,research and ,quality1 the ,office of ,minority ,health of the ,centers for ,disease ,control and ,prevention1 the ,office of ,minority ,health of the ,centers for ,medicare ,medicaid ,services1 the ,office of ,minority ,health of the ,food and ,drug ,administration1 the ,office of ,minority ,health of the ,health ,resources and ,services ,administration1 and the ,office of ,minority ,health of ,substance ,abuse and ,mental ,health ,services ,administration 7as established pursuant to section #agjg;,a of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjju-#f;a771 for fiscal year #bjbc and each subsequent fiscal year1 the amount that is twice the amount of funds made available to the respective ,office of ,minority ,health for fiscal year #bjbb4 ,g ,increasing ,access to ,,snap ,delivery ,during ,,covid-#ai #cjgja4 ,short title ,this subtitle may be cited as the ,increasing ,access to ,,snap ,delivery ,during ,,covid-#ai ,act of #bjbj4 #cjgjb4 ,food delivery under supplemental nutrition assistance program 7a7 ,definitions ,in this section3 7#a7 ,employee ,the term employee has the meaning given the term in section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc74 7#b7 ,program ,the term program means the supplemental nutrition assistance program established under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq474 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture4 7b7 ,program modifications 7#a7 ,in general ,in carrying out the program1 the ,secretary shall-- 7,a7 notify authorized program retailers of existing opportunities through which retailers can deliver food to program participants1 including by-- 7i7 allowing an ,,ebt card 7as defined in section #c of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjab77 to be swiped on delivery of food to the home 7with a mobile device72 and 7ii7 preparing food for pick-up2 7,b7 authorize public-private partnerships between the ,department of ,agriculture1 authorized program retailers1 and community-based organizations to support food delivery1 including through the use of private funds2 7,c7 in the case of an authorized program retailer that is unable to cover the cost of food delivery for program participants1 use funds made available under paragraph 7#c77;,b7 to support food delivery for program participants who are seniors1 immunocompromised individuals1 or other individuals who are unable to travel safely to an authorized program retailer1 in accordance with paragraph 7#c77;,a72 and 7,d7 require each ,state to submit to the ,secretary a ,state plan that describes how the ,state will-- 7i7 work with authorized program retailers and other community-based partners to establish a process for food delivery for program participants2 7ii7 administer the reimbursements described in paragraph 7#c77;,a77i71 including timing1 eligibility1 and distribution processes2 and 7iii7 ensure that authorized program retailers that are reimbursed for delivery costs under paragraph 7#c77;,a77i7 adhere to the requirements described in paragraph 7#c77;,a77ii74 7#b7 ,state plans ,not later than #aj days after the date on which the ,secretary receives a ,state plan under paragraph 7#a77;,d71 the ,secretary shall-- 7,a7 approve or deny the ,state plan2 and 7,b7 make publicly available on the website of the ,department of ,agriculture-- 7i7 the ,state plan2 7ii7 the determination made under subparagraph 7,a7 with respect to that plan2 and 7iii7 any guidance issued to the ,state with respect to that plan4 7#c7 ,food delivery 7,a7 ,reimbursement of retailers 7i7 ,in general ,notwithstanding any other provision of law1 a ,state agency shall reimburse an authorized program retailer described in paragraph 7#a77;,c7 for the cost of food delivery to program participants described in that paragraph if-- 7,i7 the authorized program retailer is eligible for reimbursement under clause 7ii72 and 7,,ii7 the majority of the food items delivered by the retailer are eligible for redemption using benefits under the program4 7ii7 ,eligibility ,an authorized program retailer described in paragraph 7#a77;,c7 is eligible for reimbursement for the cost of food delivery to program participants described in that paragraph if-- 7,i7 that food delivery is performed by employees of the retailer or employees of an entity contracted by the retailer to perform deliveries2 7,,ii7 before any employee described in subclause 7,i7 begins making that food delivery1 that employee receives employer-provided health and safety training that reflects the most recent guidelines of the ,centers for ,disease ,control and ,prevention and the ,occupational ,safety and ,health ,administration relating to worker safety and health during the ,coronavirus ,disease #bjai 7,,covid-#ai7 pandemic2 7,,iii7 the retailer remains neutral in any union organizing effort that occurs during the period in which deliveries described in paragraph 7#a77;,c7 are made2 and 7,,iv7 all employees described in subclause 7,i7 performing deliveries are paid at a rate that is not less than the greater of-- 7aa7 the minimum wage rate established under section #f7;a77#a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf7;a77#a772 and 7bb7 the minimum wage rate established by the applicable ,state or locality in which the employee works4 7iii7 ,covered costs 7,i7 ,in general ,reimbursable costs under clause 7i7 include costs associated with-- 7aa7 purchasing point-of-sale devices or receiving technical assistance relating to point-of-sale devices2 and 7bb7 purchasing or reimbursing employees for personal protective equipment used during food delivery4 7,,ii7 ,,ppe costs ,an authorized program retailer shall use not more than #aj percent of amounts received under clause 7i7 to pay for the costs described in subclause 7,i77bb74 7iv7 ,maximum reimbursement per delivery ,the maximum amount of reimbursement under clause 7i7 for a food delivery fee shall be #aj per delivery4 7,b7 ,funding 7i7 ,in general ,there is appropriated to the ,secretary1 out of funds of the ,treasury not otherwise appropriated1 #ejj1jjj1jjj to cover the cost of food delivery described in paragraph 7#a77;,c71 to be distributed among the ,states to fund reimbursements by ,states under subparagraph 7,a77i74 7ii7 ,emergency requirement ,the amount made available under clause 7i7 is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ija7;b77#b77;,a77i774 7iii7 ,authorization of appropriations ,in addition to the amount appropriated under clause 7i71 there are authorized to be appropriated to the ,secretary such sums as are necessary to cover the cost of food delivery under paragraph 7#a77;,c74 7#d7 ,termination of authority 7,a7 ,in general ,the authority of the ,secretary to carry out paragraphs 7#a7 through 7#c7 with respect to each ,state shall terminate on the later of-- 7i7 the date on which the national emergency declared by the ,president under the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afja et seq47 with respect to the ,coronavirus ,disease #bjai 7,,covid-#ai7 is terminated2 and 7ii7 the date on which the ,state emergency declared in that ,state with respect to the ,coronavirus ,disease #bjai 7,,covid-#ai7 is terminated4 7,b7 ,return of funds ,the ,secretary shall return to the ,treasury any funds appropriated under paragraph 7#c77;,b77i7 that have not been used or obligated by the date described in subparagraph 7,a74 7#e7 ,report ,not later than #c months after the date on which the authority of the ,secretary is terminated under paragraph 7#d71 the ,secretary shall submit to the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate and the ,committee on ,agriculture of the ,house of ,representatives a report that describes-- 7,a7 the use of that authority to address food security needs of affected populations during the national emergency described in subparagraph 7,a77i7 of that paragraph2 7,b7 the authorized program retailers that were reimbursed under paragraph 7#c77;,a72 7,c7 any complications or difficulties experienced by ,states in administering reimbursements under paragraph 7#c77;,a72 and 7,d7 recommendations for changes to the authority of the ,secretary under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq47 to assist the ,secretary1 ,states1 and units of local government to prepare plans for food delivery to program recipients in future health emergencies4 ,h ,safe ,line ,speeds in ,,covid-#ai #cjhja4 ,short title ,this subtitle may be cited as the ,safe ,line ,speeds in ,,covid-#ai ,act4 #cjhjb4 ,suspending authority to increase line speeds at meat and poultry establishments 7a7 ,in general ,the ,secretary of ,agriculture1 acting through the ,administrator of the ,food ,safety and ,inspection ,service1 for the duration of the ,,covid-#ai emergency period1 shall-- 7#a7 suspend any waivers related to line speeds in covered establishments and inspection staffing requirements for covered establishments issued before the date of the enactment of this ,act1 and not issue any new waivers to such establishments1 including under sections #cjc4a7;h7 and #cha4c7;b7 of title #i1 ,code of ,federal ,regulations 7or successor regulations72 and 7#b7 suspend implementation of1 and conversion to1 the ,new ,swine ,slaughter ,inspection ,system as described in the final rule entitled ,modernization of ,swine ,slaughter ,inspection issued by the ,department of ,agriculture in the ,federal ,register on ,october #a1 #bjai 7#hd ,fed4 ,reg4 #ebcjj et seq474 7b7 ,limitation on authority with respect to line speeds ,none of the funds made available to the ,department of ,agriculture during the ,,covid-#ai emergency period shall be used to develop1 propose1 finalize1 issue1 amend1 or implement any policy1 regulation1 directive1 constituent update1 or any other agency program that would increase line speeds at covered establishments4 7c7 ,effect on ,state ,law ,the provisions of this section are in addition to1 and not in lieu of1 any other laws protecting worker safety and animal welfare4 ,this section shall not be construed to preempt or limit any law or regulation of a ,state or a political subdivision of a ,state containing requirements that are more protective of worker safety or animal welfare than the requirements of this section1 or which create penalties for conduct regulated by this section4 7d7 ,,gao report ,upon termination of the ,,covid-#ai emergency period1 the ,comptroller ,general of the ,united ,states shall conduct a review of actions taken by the ,secretary of ,agriculture1 the ,secretary of ,labor1 and the ,secretary of ,health and ,human ,services in response to the ,,covid-#ai pandemic to determine the effectiveness of such actions in protecting animal1 food1 and worker safety4 ,such review shall include an analysis of1 with respect to covered establishments-- 7#a7 all policies and regulations relating to inspections of such establishments implemented by the ,secretary of ,agriculture1 the ,secretary of ,labor1 and the ,secretary of ,health and ,human ,services relating to ,,covid-#ai2 7#b7 the pandemic emergency preparedness plans of such establishments2 7#c7 the extent to which such facilities have implemented guidance and recommendations to space workers six feet apart on production lines1 break rooms1 locker rooms1 and all other workspaces2 7#d7 the quantity and usage of personal protective equipment by workers at such establishments2 7#e7 any guidance provided to inspectors of such establishments by the ,secretary of ,agriculture1 ,secretary of ,labor1 and the ,secretary of ,health and ,human ,services during the ,,covid-#ai emergency period2 7#f7 actions taken by the ,secretary of ,agriculture1 the ,secretary of ,labor1 and the ,secretary of ,health and ,human ,services to protect animals1 food1 and workers at covered establishments with reported cases of ,,covid-#ai2 7#g7 all humane handling reports issued1 and enforcement actions taken1 by the ,department of ,agriculture in accordance with the ,humane ,methods of ,slaughter ,act 7#g ,u4,s4,c4 #aija et seq47 and the good commercial practices regulations under the ,poultry ,products ,inspection ,act 7#ba ,u4,s4,c4 #dea et seq47 during the ,,covid-#ai emergency period2 7#h7 the impact of faster line speeds on the ability of such establishments to maintain protections for employees2 and 7#i7 any interference by any other ,federal agency with reviews of any such establishments experiencing outbreaks of ,,covid-#ai conducted by personnel of the ,centers for ,disease ,control and ,prevention4 7e7 ,reports to ,congress ,not later than ,december #ca1 #bjba1 the ,secretary of ,agriculture1 the ,secretary of ,labor1 and the ,secretary of ,health and ,human ,services shall each submit to the ,committee on ,agriculture and the ,committee on ,education and ,labor of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate a report on the actions taken by the ,secretary of ,agriculture1 the ,secretary of ,labor1 and the ,secretary of ,health and ,human ,services1 respectively1 in response to the ,,covid-#ai pandemic to protect animal1 food1 and worker safety4 ,each such report shall include the respective ,secretary's analysis of1 with respect to facilities operated by covered processors1 the matters specified in each 7as applicable7 of paragraphs 7#a7 through 7#h7 of subsection 7d74 7f7 ,definitions ,in this section3 7#a7 ,the term covered establishment means an official meat or poultry establishment that is subject to inspection under the ,federal ,meat ,inspection ,act 7#ba ,u4,s4,c4 #fja et seq47 or the ,poultry ,products ,inspection ,act 7#ba ,u4,s4,c4 #dea et seq474 7#b7 ,the term ,,covid-#ai emergency period means-- 7,a7 the emergency period1 as defined in section #aace7;g77#a77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;b-#e7;g77#a77;,b772 and 7,b7 the #ij-;day period that follows the end of such emergency period4 ,i ,increasing access to ,snap ,delivery during ,,covid-#ai #cjija4 ,short title ,this subtitle may be cited as the ,increasing ,access to ,,snap ,delivery ,during ,,covid-#ai ,act of #bjbj4 #cjijb4 ,food delivery under supplemental nutrition assistance program 7a7 ,definitions ,in this section3 7#a7 ,employee ,the term employee has the meaning given the term in section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc74 7#b7 ,program ,the term program means the supplemental nutrition assistance program established under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq474 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture4 7b7 ,program modifications 7#a7 ,in general ,in carrying out the program1 the ,secretary shall-- 7,a7 notify authorized program retailers of existing opportunities through which retailers can deliver food to program participants1 including by-- 7i7 allowing an ,,ebt card 7as defined in section #c of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjab77 to be swiped on delivery of food to the home 7with a mobile device72 and 7ii7 preparing food for pick-up2 7,b7 authorize public-private partnerships between the ,department of ,agriculture1 authorized program retailers1 and community-based organizations to support food delivery1 including through the use of private funds2 7,c7 in the case of an authorized program retailer that is unable to cover the cost of food delivery for program participants1 use funds made available under paragraph 7#c77;,b7 to support food delivery for program participants who are seniors1 immunocompromised individuals1 or other individuals who are unable to travel safely to an authorized program retailer1 in accordance with paragraph 7#c77;,a72 and 7,d7 require each ,state to submit to the ,secretary a ,state plan that describes how the ,state will-- 7i7 work with authorized program retailers and other community-based partners to establish a process for food delivery for program participants2 7ii7 administer the reimbursements described in paragraph 7#c77;,a77i71 including timing1 eligibility1 and distribution processes2 and 7iii7 ensure that authorized program retailers that are reimbursed for delivery costs under paragraph 7#c77;,a77i7 adhere to the requirements described in paragraph 7#c77;,a77ii74 7#b7 ,state plans ,not later than #aj days after the date on which the ,secretary receives a ,state plan under paragraph 7#a77;,d71 the ,secretary shall-- 7,a7 approve or deny the ,state plan2 and 7,b7 make publicly available on the website of the ,department of ,agriculture-- 7i7 the ,state plan2 7ii7 the determination made under subparagraph 7,a7 with respect to that plan2 and 7iii7 any guidance issued to the ,state with respect to that plan4 7#c7 ,food delivery 7,a7 ,reimbursement of retailers 7i7 ,in general ,notwithstanding any other provision of law1 a ,state agency shall reimburse an authorized program retailer described in paragraph 7#a77;,c7 for the cost of food delivery to program participants described in that paragraph if-- 7,i7 the authorized program retailer is eligible for reimbursement under clause 7ii72 and 7,,ii7 the majority of the food items delivered by the retailer are eligible for redemption using benefits under the program4 7ii7 ,eligibility ,an authorized program retailer described in paragraph 7#a77;,c7 is eligible for reimbursement for the cost of food delivery to program participants described in that paragraph if-- 7,i7 that food delivery is performed by employees of the retailer or employees of an entity contracted by the retailer to perform deliveries2 7,,ii7 before any employee described in subclause 7,i7 begins making that food delivery1 that employee receives employer-provided health and safety training that reflects the most recent guidelines of the ,centers for ,disease ,control and ,prevention and the ,occupational ,safety and ,health ,administration relating to worker safety and health during the ,coronavirus ,disease #bjai 7,,covid-#ai7 pandemic2 7,,iii7 the retailer remains neutral in any union organizing effort that occurs during the period in which deliveries described in paragraph 7#a77;,c7 are made2 and 7,,iv7 all employees described in subclause 7,i7 performing deliveries are paid at a rate that is not less than the greater of-- 7aa7 the minimum wage rate established under section #f7;a77#a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf7;a77#a772 and 7bb7 the minimum wage rate established by the applicable ,state or locality in which the employee works4 7iii7 ,covered costs 7,i7 ,in general ,reimbursable costs under clause 7i7 include costs associated with-- 7aa7 purchasing point-of-sale devices or receiving technical assistance relating to point-of-sale devices2 and 7bb7 purchasing or reimbursing employees for personal protective equipment used during food delivery4 7,,ii7 ,,ppe costs ,an authorized program retailer shall use not more than #aj percent of amounts received under clause 7i7 to pay for the costs described in subclause 7,i77bb74 7iv7 ,maximum reimbursement per delivery ,the maximum amount of reimbursement under clause 7i7 for a food delivery fee shall be #aj per delivery4 7,b7 ,funding 7i7 ,in general ,there is appropriated to the ,secretary1 out of funds of the ,treasury not otherwise appropriated1 #ejj1jjj1jjj to cover the cost of food delivery described in paragraph 7#a77;,c71 to be distributed among the ,states to fund reimbursements by ,states under subparagraph 7,a77i74 7ii7 ,emergency requirement ,the amount made available under clause 7i7 is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ija7;b77#b77;,a77i774 7iii7 ,authorization of appropriations ,in addition to the amount appropriated under clause 7i71 there are authorized to be appropriated to the ,secretary such sums as are necessary to cover the cost of food delivery under paragraph 7#a77;,c74 7#d7 ,termination of authority 7,a7 ,in general ,the authority of the ,secretary to carry out paragraphs 7#a7 through 7#c7 with respect to each ,state shall terminate on the later of-- 7i7 the date on which the national emergency declared by the ,president under the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afja et seq47 with respect to the ,coronavirus ,disease #bjai 7,,covid-#ai7 is terminated2 and 7ii7 the date on which the ,state emergency declared in that ,state with respect to the ,coronavirus ,disease #bjai 7,,covid-#ai7 is terminated4 7,b7 ,return of funds ,the ,secretary shall return to the ,treasury any funds appropriated under paragraph 7#c77;,b77i7 that have not been used or obligated by the date described in subparagraph 7,a74 7#e7 ,report ,not later than #c months after the date on which the authority of the ,secretary is terminated under paragraph 7#d71 the ,secretary shall submit to the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate and the ,committee on ,agriculture of the ,house of ,representatives a report that describes-- 7,a7 the use of that authority to address food security needs of affected populations during the national emergency described in subparagraph 7,a77i7 of that paragraph2 7,b7 the authorized program retailers that were reimbursed under paragraph 7#c77;,a72 7,c7 any complications or difficulties experienced by ,states in administering reimbursements under paragraph 7#c77;,a72 and 7,d7 recommendations for changes to the authority of the ,secretary under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq47 to assist the ,secretary1 ,states1 and units of local government to prepare plans for food delivery to program recipients in future health emergencies4 ,j ,safe ,line speeds in ,,covid-#ai #cajja4 ,short title ,this subtitle may be cited as the ,safe ,line ,speeds in ,,covid-#ai ,act4 #cajjb4 ,suspending authority to increase line speeds at meat and poultry establishments 7a7 ,in general ,the ,secretary of ,agriculture1 acting through the ,administrator of the ,food ,safety and ,inspection ,service1 for the duration of the ,,covid-#ai emergency period1 shall-- 7#a7 suspend any waivers related to line speeds in covered establishments and inspection staffing requirements for covered establishments issued before the date of the enactment of this ,act1 and not issue any new waivers to such establishments1 including under sections #cjc4a7;h7 and #cha4c7;b7 of title #i1 ,code of ,federal ,regulations 7or successor regulations72 and 7#b7 suspend implementation of1 and conversion to1 the ,new ,swine ,slaughter ,inspection ,system as described in the final rule entitled ,modernization of ,swine ,slaughter ,inspection issued by the ,department of ,agriculture in the ,federal ,register on ,october #a1 #bjai 7#hd ,fed4 ,reg4 #ebcjj et seq474 7b7 ,limitation on authority with respect to line speeds ,none of the funds made available to the ,department of ,agriculture during the ,,covid-#ai emergency period shall be used to develop1 propose1 finalize1 issue1 amend1 or implement any policy1 regulation1 directive1 constituent update1 or any other agency program that would increase line speeds at covered establishments4 7c7 ,effect on ,state ,law ,the provisions of this section are in addition to1 and not in lieu of1 any other laws protecting worker safety and animal welfare4 ,this section shall not be construed to preempt or limit any law or regulation of a ,state or a political subdivision of a ,state containing requirements that are more protective of worker safety or animal welfare than the requirements of this section1 or which create penalties for conduct regulated by this section4 7d7 ,,gao report ,upon termination of the ,,covid-#ai emergency period1 the ,comptroller ,general of the ,united ,states shall conduct a review of actions taken by the ,secretary of ,agriculture1 the ,secretary of ,labor1 and the ,secretary of ,health and ,human ,services in response to the ,,covid-#ai pandemic to determine the effectiveness of such actions in protecting animal1 food1 and worker safety4 ,such review shall include an analysis of1 with respect to covered establishments-- 7#a7 all policies and regulations relating to inspections of such establishments implemented by the ,secretary of ,agriculture1 the ,secretary of ,labor1 and the ,secretary of ,health and ,human ,services relating to ,,covid-#ai2 7#b7 the pandemic emergency preparedness plans of such establishments2 7#c7 the extent to which such facilities have implemented guidance and recommendations to space workers six feet apart on production lines1 break rooms1 locker rooms1 and all other workspaces2 7#d7 the quantity and usage of personal protective equipment by workers at such establishments2 7#e7 any guidance provided to inspectors of such establishments by the ,secretary of ,agriculture1 ,secretary of ,labor1 and the ,secretary of ,health and ,human ,services during the ,,covid-#ai emergency period2 7#f7 actions taken by the ,secretary of ,agriculture1 the ,secretary of ,labor1 and the ,secretary of ,health and ,human ,services to protect animals1 food1 and workers at covered establishments with reported cases of ,,covid-#ai2 7#g7 all humane handling reports issued1 and enforcement actions taken1 by the ,department of ,agriculture in accordance with the ,humane ,methods of ,slaughter ,act 7#g ,u4,s4,c4 #aija et seq47 and the good commercial practices regulations under the ,poultry ,products ,inspection ,act 7#ba ,u4,s4,c4 #dea et seq47 during the ,,covid-#ai emergency period2 7#h7 the impact of faster line speeds on the ability of such establishments to maintain protections for employees2 and 7#i7 any interference by any other ,federal agency with reviews of any such establishments experiencing outbreaks of ,,covid-#ai conducted by personnel of the ,centers for ,disease ,control and ,prevention4 7e7 ,reports to ,congress ,not later than ,december #ca1 #bjbb1 the ,secretary of ,agriculture1 the ,secretary of ,labor1 and the ,secretary of ,health and ,human ,services shall each submit to the ,committee on ,agriculture and the ,committee on ,education and ,labor of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate a report on the actions taken by the ,secretary of ,agriculture1 the ,secretary of ,labor1 and the ,secretary of ,health and ,human ,services1 respectively1 in response to the ,,covid-#ai pandemic to protect animal1 food1 and worker safety4 ,each such report shall include the respective ,secretary's analysis of1 with respect to facilities operated by covered processors1 the matters specified in each 7as applicable7 of paragraphs 7#a7 through 7#h7 of subsection 7d74 7f7 ,definitions ,in this section3 7#a7 ,the term covered establishment means an official meat or poultry establishment that is subject to inspection under the ,federal ,meat ,inspection ,act 7#ba ,u4,s4,c4 #fja et seq47 or the ,poultry ,products ,inspection ,act 7#ba ,u4,s4,c4 #dea et seq474 7#b7 ,the term ,,covid-#ai emergency period means-- 7,a7 the emergency period1 as defined in section #aace7;g77#a77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;b-#e7;g77#a77;,b772 and 7,b7 the #ij-;day period that follows the end of such emergency period4 ,k ,emergency ,snap ,flexibilities ,extension #caaja4 ,short title ,this subtitle may be cited as the ,emergency ,,snap ,flexibilities ,extension ,act4 #caajb4 ,extension of existing snap flexibilities for covid-#ai 7a7 ,state options 7#a7 ,a ,state agency 7as defined in section #c7s7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjab7s777 shall have the option-- 7,a7 to extend certification periods under section #c7;f7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjab7;f77 for not more than #f months and adjust periodic report requirements under section #f7;c77#a77;,d77i7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjae7;c77#a77;,d77i77 for some or all participating households with certification periods set to expire or periodic reports due on or before ,june #cj1 #bjbc1 consistent with the extensions and adjustments provided in the ,food and ,nutrition ,service's ,april #bb1 #bjbj1 blanket approval for extending certification and adjusting periodic reports1 unless otherwise provided in this paragraph2 7,b7 to allow household reporting requirements under section #bgc4ab7;a77#e77;iii7 of title #g of the ,code of ,federal ,regulations to satisfy the recertification requirements under section #bgc4ad of title #g of the ,code of ,federal ,regulations for some or all participating households with recertification periods set to expire on or before ,december #ca1 #bjbc2 and 7,c7 to adjust the interview requirements under sections #bgc4b and #bgc4ad7;b7 of title #g of the ,code of ,federal ,regulations for some or all household applications or recertifications through ,june #cj1 #bjbc1 consistent with the adjustments provided in the ,food and ,nutrition ,service's ,march #bf1 #bjbj1 blanket approval for adjusting interview requirements1 unless otherwise provided in this paragraph4 7#b7 ,not later than #e days after exercising an option under paragraph 7#a71 a ,state agency shall notify the ,secretary of ,agriculture in writing of the option exercised1 the categories of households affected by the option1 and the duration of such option4 7b7 ,adjustment ,the ,secretary of ,agriculture shall allow a ,state agency to suspend the requirements under sections #bge4aa7;b77#a7 and 7#b71 #bge4ab1 and #bge4ac of title #g of the ,code of ,federal ,regulations from ,june #a1 #bjbc1 through ,june #cj1 #bjbd1 consistent with the waivers provided in the ,food and ,nutrition ,service's ,april #cj1 #bjbj1 blanket approval for waiver of quality control reviews1 unless otherwise provided in this subsection4 7c7 ,report ,section #bcjb of the ,families ,first ,coronavirus ,response ,act 7,public ,law #aaf-abg2 #g ,u4,s4,c4 #bjaa note7 is amended by striking subsection 7c7 and inserting the following3 7c7 ,report ,not later than ,june #cj1 #bjbd1 the ,secretary of ,agriculture shall submit1 to the ,committee on ,agriculture of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate1 a report containing the following information3 7#a7 ,a description of any information or data supporting ,state agency requests under this section and any additional measures that ,state agencies requested that were not approved by the ,secretary of ,agriculture4 7#b7 ,an evaluation of the use of all waivers1 adjustments1 and other flexibilities in the operation of the supplemental nutrition assistance program 7as defined in section #c of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjab771 in effect under this ,act1 the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq471 or any other ,act1 to respond to the ,,covid-#ai public health emergency4 7#c7 ,a recommendation of any additional waivers or flexibilities needed in the operation of the supplemental nutrition assistance program to respond to public health emergencies with pandemic potential4 4 ,l ,nursing ,facility ,quality ,reporting #cabja4 ,short title ,this subtitle may be cited as the ,nursing ,facility ,quality ,reporting ,act of #bjbj4 #cabjb4 ,requiring long term care facilities to report certain information relating to ,,covid-#ai cases and deaths 7a7 ,in general ,the ,secretary of ,health and ,human ,services 7in this section referred to as the ,secretary7 shall1 as soon as practicable1 require that the information described in paragraph 7#a7 of section #dhc4hj7;g7 of title #db1 ,code of ,federal ,regulations1 or a successor regulation1 be reported by a facility 7as defined for purposes of such section74 7b7 ,demographic information ,the ,secretary shall post the following information with respect to skilled nursing facilities 7as defined in section #ahai7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;i-#c7;a777 and nursing facilities 7as defined in section #aiai7;a7 of such ,act 7#db ,u4,s4,c4 #acifr7a777 on the ,nursing ,home ,compare website 7as described in section #ahai7;i7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;i-#c7;i7771 or a successor website1 aggregated by ,state3 7#a7 ,the age1 race_/ethnicity1 and preferred language of the residents of such skilled nursing facilities and nursing facilities with suspected or confirmed ,,covid-#ai infections1 including residents previously treated for ,,covid-#ai4 7#b7 ,the age1 race_/ethnicity1 and preferred language relating to total deaths and ,,covid-#ai deaths among residents of such skilled nursing facilities and nursing facilities4 7c7 ,confidentiality ,any information reported under this section that is made available to the public shall be made so available in a manner that protects the identity of residents of skilled nursing facilities and nursing facilities4 7d7 ,implementation ,the ,secretary may implement the provisions of this section be program instruction or otherwise4 ,m ,care for ,,covid-#ai #cacja4 ,short title ,this subtitle may be cited as the ,care for ,,covid-#ai ,act4 #cacjb4 ,coverage of services related to ,,covid-#ai 7a7 ,in general ,title ,,xxvii of the ,public ,health ,service ,act is amended by inserting after section #bgai;,a 7#db ,u4,s4,c4 #cjj;gg-#ai;a7 the following3 #bgbj4 ,coverage of services related to ,,covid-#ai ,a group health plan1 and a health insurance issuer offering group or individual health insurance coverage1 shall provide coverage for and shall not impose any cost-sharing requirements for outpatient and inpatient services related to the diagnosis1 care1 and treatment of ,,covid-#ai1 including-- 7#a7 diagnostic services related to ,,covid-#ai2 7#b7 supportive care for ,,covid-#ai2 7#c7 vaccines for the prevention of ,,covid-#ai2 7#d7 treatment services1 including prescription drugs and medical devices1 for the treatment of ,,covid-#ai and of complications related to ,,covid-#ai2 7#e7 inpatient and outpatient physician and hospital services related to ,,covid-#ai2 and 7#f7 any other service the ,secretary determines appropriate4 4 7b7 ,application ,the amendment made by subsection 7a7 shall apply with respect to plan years beginning on or after ,january #a1 #bjbb4 #cacjc4 ,special enrollment period 7a7 ,public health service act ,section #bgjb7;b77#b7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg-#a7;b77#b77 is amended by inserting 1 including a special enrollment period for individuals who are diagnosed with or have a presumptive positive diagnosis of ,,covid-#ai1 beginning on the date on which the diagnosis or presumptive positive diagnosis is reported to the health insurance issuer before the period at the end4 7b7 ,patient protection and affordable care act ,section #acaa7;c77#f7 of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjca7;c77#f77 is amended-- 7#a7 in subparagraph 7,c71 by striking and at the end2 7#b7 by redesignating subparagraph 7,d7 as subparagraph 7,e72 and 7#c7 by inserting after subparagraph 7,c7 the following new subparagraph3 7,d7 a special enrollment period for individuals who are diagnosed with or have a presumptive positive diagnosis of ,,covid-#ai1 beginning on the date on which the diagnosis or presumptive positive diagnosis is reported to the ,exchange2 and 4 7c7 ,special enrollment periods ,section #ihja7;f7 of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #ihja7;f77 is amended by adding at the end the following new paragraph3 7#d7 ,for individuals who are diagnosed with or have a presumptive positive diagnosis of ,,covid-#ai 7,a7 ,in general ,a group health plan shall permit an employee who is eligible1 but not enrolled1 for coverage under the terms of the plan 7or a dependent of such an employee if the dependent is eligible1 but not enrolled1 for coverage under such terms7 to enroll for coverage under the terms of the plan upon a diagnosis or a presumptive positive diagnosis of ,,covid-#ai1 with the special enrollment period beginning on the date on which the diagnosis or presumptive positive diagnosis is reported to the group health plan4 7,b7 ,enrollment period ,the ,secretary shall promulgate regulations with respect to the special enrollment period under subparagraph 7,a71 including establishing a time period for individuals who are diagnosed with or have a presumptive positive diagnosis of ,,covid-#ai to enroll in coverage or change coverage1 and effective date of such coverage4 4 7d7 ,erisa ,section #gja7;f7 of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #aaha7;f77 is amended by adding at the end the following3 7#d7 ,for individuals who are diagnosed with or have a presumptive positive diagnosis of ,,covid-#ai 7,a7 ,in general ,a group health plan or health insurance issuer in connection with a group health plan shall permit an employee who is eligible1 but not enrolled1 for coverage under the terms of the plan 7or a dependent of such an employee if the dependent is eligible1 but not enrolled1 for coverage under such terms7 to enroll for coverage under the terms of the plan upon a diagnosis or presumptive positive diagnosis of ,,covid-#ai1 with the special enrollment period beginning on the date on which the diagnosis or presumptive positive diagnosis is reported to the group health plan or health insurance issuer or the diagnosis or presumptive positive diagnosis is confirmed by a health care provider4 7,b7 ,enrollment period ,the ,secretary shall promulgate regulations with respect to the special enrollment period under subparagraph 7,a71 including establishing a time period for individuals who are diagnosed with or have a presumptive positive diagnosis of ,,covid-#ai to enroll in coverage and effective date of such coverage4 4 ,n ,community ,solutions for ,,covid-#ai #cadja4 ,short title ,this subtitle may be cited as the ,community ,solutions for ,,covid-#ai ,act4 #cadjb4 ,addressing ,,covid-#ai health inequities and improving health equity 7a7 ,in general ,not later than #fj days after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services 7referred to in this section as the ,secretary71 acting through the ,director of the ,centers for ,disease ,control and ,prevention1 shall award grants to eligible entities to establish or expand programs to improve health equity regarding ,,covid-#ai and reduce or eliminate inequities1 including racial and ethnic inequities1 in the incidence1 prevalence1 and health outcomes of ,,covid-#ai4 7b7 ,eligibility ,to be eligible to receive a grant under subsection 7a71 an entity shall-- 7#a7 be a nongovernmental entity or consortium of entities that works to improve health and health equity in populations or communities disproportionately affected by adverse health outcomes1 including-- 7,a7 racial and ethnic minority communities2 7,b7 ,indian ,tribes1 ,tribal organizations1 and urban ,indian organizations2 7,c7 people with disabilities2 7,d7 ,english language learners2 7,e7 older adults2 7,f7 low-income communities2 7,g7 justice-involved communities2 7,h7 immigrant communities2 and 7,i7 communities on the basis of their sexual orientation or gender identity2 7#b7 have demonstrated experience in successfully working in and partnering with such communities1 and have an established record of accomplishment in improving health outcomes or preventing1 reducing or eliminating health inequities1 including racial and ethnic inequities1 in those communities2 7#c7 communicate with ,state1 local1 and ,tribal health departments to coordinate grant activities1 as appropriate2 and 7#d7 submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7c7 ,use of funds ,an entity shall use amounts received under grant under this section to establish1 improve upon1 or expand programs to improve health equity regarding ,,covid-#ai and reduce or eliminate inequities1 including racial and ethnic inequities1 in the incidence1 prevalence1 and health outcomes of ,,covid-#ai4 ,such uses may include-- 7#a7 acquiring and distributing medical supplies1 such as personal protective equipment1 to communities that are at an increased risk of ,,covid-#ai2 7#b7 helping people enroll in a health insurance plan that meets minimum essential coverage2 7#c7 increasing the availability of ,,covid-#ai testing and any future ,,covid-#ai treatments or vaccines in communities that are at an increased risk of ,,covid-#ai2 7#d7 aiding communities and individuals in following guidelines and best practices in regards to ,,covid-#ai1 including physical distancing guidelines2 7#e7 helping communities and ,,covid-#ai survivors recover and cope with the long-term health impacts of ,,covid-#ai2 7#f7 addressing social determinants of health1 such as transportation1 nutrition1 housing1 discrimination1 health care access1 including mental health care and substance use disorder prevention1 treatment1 and recovery1 health literacy1 employment status1 and working conditions1 education1 income1 and stress1 that impact ,,covid-#ai incidence1 prevalence1 and health outcomes1 and facilitating or providing access to needed services2 7#g7 the provision of anti-racism and implicit and explicit bias training for health care providers and other relevant professionals2 7#h7 creating and disseminating culturally informed1 linguistically appropriate1 accessible1 and medically accurate outreach and education regarding ,,covid-#ai2 7#i7 acquiring1 retaining1 and training a diverse workforce2 and 7#aj7 improving the accessibility to health care1 including accessibility to health care providers1 mental health care1 and ,,covid-#ai testing for people with disabilities4 7d7 ,administration 7#a7 ,priority ,in awarding grants under this section1 the ,secretary shall give priority to eligible entities that are a community-based organization or have an established history of successfully working in and partnering with the community or with populations which the entity intends to provide services under the grant4 ,the ,secretary shall also utilize available demographic data to give priority to eligible entities working with populations or communities disproportionately affected by ,,covid-#ai4 7#b7 ,geographical diversity ,the ,secretary shall seek to ensure geographical diversity among grant recipients4 7#c7 ,reduction of burdens ,in administering the grant program under this section1 the ,secretary shall make every effort to minimize unnecessary administrative burdens on eligible entities receiving such grants4 7#d7 ,technical assistance ,the ,secretary shall provide technical assistance to eligible entities on best practices for applying grants under this section4 7e7 ,duration ,a grant awarded under this section shall be for a period of #c years4 7f7 ,reporting 7#a7 ,by grantee ,not later than #ahj days after the end of a grant period under this section1 the grantee shall submit to the ,secretary a report on the activities conducted under the grant1 including-- 7,a7 a description of the impact of grant activities1 including on-- 7i7 outreach and education related to ,,covid-#ai2 and 7ii7 improving public health activities related to ,,covid-#ai1 including physical distancing2 7,b7 the number of individuals reached by the activities under the grant and1 to the extent known1 the disaggregated demographic data of such individuals1 such as by race1 ethnicity1 sex 7including sexual orientation and gender identity71 income1 disability status1 or primary language2 and 7,c7 any other information the ,secretary determines is necessary4 7#b7 ,by ,secretary ,not later than #a year after the end of the grant program under this section1 the ,secretary shall submit to ,congress a report on the grant program1 including a summary of the information gathered under paragraph 7#a74 7g7 ,supplement1 not supplant ,grants awarded under this ,act shall be used to supplement and not supplant any other ,federal funds made available to carry out the activities described in this ,act4 7h7 ,funding ,out of funds in the ,treasury not otherwise appropriated1 there are appropriated to carry out this section1 #ejj1jjj1jjj for each of fiscal years #bjbb through #bjbd4 ,o ,recharge and ,empower ,local ,innovation and ,entrepreneurs ,fund for ,main ,street #caeja4 ,short title ,this subtitle may be cited as the ,recharge and ,empower ,local ,innovation and ,entrepreneurs ,fund for ,main ,street ,act or the ,,relief for ,main ,street ,act4 #caejb4 ,small business local relief program 7a7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,small ,business ,administration4 7#b7 ,eligible entity ,the term eligible entity-- 7,a7 means a privately held business entity or nonprofit organization that-- 7i7 employs-- 7,i7 not more than #bj full-time equivalent employees2 or 7,,ii7 if the entity or organization is located in a low-income community1 not more than #ej full-time equivalent employees2 7ii7 has experienced a loss of revenue as a result of the ,,covid-#ai pandemic1 according to criteria established by the ,secretary2 and 7iii7 with respect to such an entity or organization that receives assistance from a small business emergency fund1 satisfies additional requirements1 as determined by the ,state1 unit of general local government1 ,indian ,tribe1 or other entity that has established the small business emergency fund2 and 7,b7 includes an individual who operates under a sole proprietorship1 an individual who operates as an independent contractor1 and an eligible self-employed individual if such an individual has experienced a loss of revenue as a result of the ,,covid-#ai pandemic1 according to criteria established by the ,secretary4 7#c7 ,eligible self-employed individual ,the term eligible self-employed individual has the meaning given the term in section #g7;a77#cf77;,a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf77;,a774 7#d7 ,entitlement community ,the term entitlement community means a metropolitan city or urban county1 as those terms are defined in section #ajb of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecjb74 7#e7 ,full-time equivalent employees 7,a7 ,in general ,the term full-time equivalent employees means a number of employees equal to the number determined by dividing-- 7i7 the total number of hours of service for which wages were paid by the employer to employees during the taxable year2 by 7ii7 #b1jhj 7,b7 ,rounding ,the number determined under subparagraph 7,a7 shall be rounded to the next lowest whole number if not otherwise a whole number4 7,c7 ,excess hours not counted ,if an employee works in excess of #b1jhj hours of service during any taxable year1 such excess shall not be taken into account under subparagraph 7,a74 7,d7 ,hours of service ,the ,secretary1 in consultation with the ,secretary of ,labor1 shall prescribe such regulations1 rules1 and guidance as may be necessary to determine the hours of service of an employee1 including rules for the application of this paragraph to employees who are not compensated on an hourly basis4 7#f7 ,indian tribe ,the term ,indian ,tribe has the meaning given the term ,indian tribe in section #ajb of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecjb74 7#g7 ,low-income community ,the term low-income community has the meaning given the term in section #de;,d7e7 of the ,internal ,revenue ,code of #aihf4 7#h7 ,minority ,the term minority has the meaning given the term in section #abjd7;c77#c7 of the ,financial ,institutions ,reform1 ,recovery1 and ,enforcement ,act of #aihi 7#ab ,u4,s4,c4 #ahaa note74 7#i7 ,minority-owned entity ,the term minority-owned entity means an entity-- 7,a7 more than #ej percent of the ownership or control of which is held by not less than #a minority2 and 7,b7 more than #ej percent of the net profit or loss of which accrues to not less than #a minority4 7#aj7 ,nonentitlement area2 state2 unit of general local government 7,a7 ,in general ,except as provided in subparagraph 7,b71 the terms nonentitlement area1 ,state1 and unit of general local government have the meanings given those terms in section #ajb of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecjb74 7,b7 ,state ,for purposes of subparagraphs 7,a77ii7 and 7,b77ii7 of subsection 7c77#a71 the term ,state means any ,state of the ,united ,states4 7#aa7 ,program ,the term ,program means the ,small ,business ,local ,relief ,program established under this section4 7#ab7 ,secretary ,the term ,secretary means the ,secretary of the ,treasury4 7#ac7 ,small business emergency fund ,the term small business emergency fund means a fund or program-- 7,a7 established by a ,state1 a unit of general local government1 an ,indian ,tribe1 or an entity designated by a ,state1 unit of general local government1 or ,indian ,tribe2 and 7,b7 that provides or administers financing to eligible entities in the form of grants1 loans1 or other means in accordance with the needs of eligible entities and the capacity of the fund or program4 7#ad7 ,women-owned entity ,the term women-owned entity means an entity-- 7,a7 more than #ej percent of the ownership or control of which is held by not less than #a woman2 and 7,b7 more than #ej percent of the net profit or loss of which accrues to not less than #a woman4 7b7 ,establishment ,there is established in the ,department of the ,treasury the ,small ,business ,local ,relief ,program1 the purpose of which is to allocate resources to ,states1 units of general local government1 and ,indian ,tribes to provide assistance to eligible entities and organizations that assist eligible entities4 7c7 ,funding 7#a7 ,funding to states1 localities1 and indian tribes 7,a7 ,in general ,of the amounts made available to carry out the ,program under subsection 7h71 the ,secretary shall allocate-- 7i7 #ce1jjj1jjj1jjj to ,states and units of general local government in accordance with subparagraph 7,b77i72 7ii7 #ae1jjj1jjj1jjj to ,states in accordance with subparagraph 7,b77ii72 and 7iii7 #ejj1jjj1jjj to the ,secretary of ,housing and ,urban ,development for allocations to ,indian ,tribes in accordance with subparagraph 7,b77iii74 7,b7 ,allocations 7i7 ,formula for states and units of general local government ,of the amount allocated under subparagraph 7,a77i7-- 7,i7 #gj percent shall be allocated to entitlement communities in accordance with the formula under section #ajf7;b7 of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecjf7;b772 and 7,,ii7 #cj percent shall be allocated to ,states1 for use in nonentitlement areas1 in accordance with the formula under section #ajf7;d77#a7 of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecjf7;d77#a774 7ii7 ,rural bonus formula for states ,the ,secretary shall allocate the amount allocated under subparagraph 7,a77ii7 to ,states1 for use in nonentitlement areas1 in accordance with the formula under section #ajf7;d77#a7 of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecjf7;d77#a774 7iii7 ,competitive awards to indian tribes 7,i7 ,in general ,the ,secretary of ,housing and ,urban ,development shall allocate to ,indian ,tribes on a competitive basis the amount allocated under subparagraph 7,a77iii74 7,,ii7 ,requirements ,in making allocations under subclause 7,i71 the ,secretary of ,housing and ,urban ,development shall1 to the greatest extent practicable1 ensure that each ,indian ,tribe that satisfies requirements established by the ,secretary of ,housing and ,urban ,development receives such an allocation4 7,c7 ,state allocations for nonentitlement areas 7i7 ,equitable allocation ,to the greatest extent practicable1 a ,state shall allocate amounts for nonentitlement areas under clauses 7i77,,ii7 and 7ii7 of subparagraph 7,b7 on an equitable basis4 7ii7 ,distribution of amounts 7,i7 ,discretion ,not later than #ad days after the date on which a ,state receives amounts for use in a nonentitlement area under clause 7i77,,ii7 or 7ii7 of subparagraph 7,b71 the ,state shall-- 7aa7 distribute the amounts1 or a portion thereof1 to a unit of general local government located in the nonentitlement area1 or an entity designated thereby1 that has established or will establish a small business emergency fund1 for use under paragraph 7#b72 or 7bb7 elect to reserve the amounts1 or a portion thereof1 for use by the ,state under paragraph 7#b7 for the benefit of eligible entities located in the nonentitlement area4 7,,ii7 ,sense of congress ,it is the sense of ,congress that1 in distributing amounts under subclause 7,i71 in the case of amounts allocated for a nonentitlement area in which a unit of general local government or an entity designated thereby has established a small business emergency fund1 a ,state should1 as quickly as is practicable1 distribute amounts to that unit of general local government or entity1 respectively1 as described in item 7aa7 of that subclause4 7iii7 ,treatment of states not acting as pass-through agents under cdbg ,the ,secretary shall allocate amounts to a ,state under this paragraph without regard to whether the ,state has elected to distribute amounts allocated under section #ajf7;d77#a7 of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecjf7;d77#a774 7#b7 ,use of funds 7,a7 ,in general ,a ,state1 unit of general local government1 entity designated by a unit of general local government1 or ,indian ,tribe that receives an allocation under paragraph 7#a71 whether directly or indirectly1 may use that allocation-- 7i7 to provide funding to a small business emergency fund established by that ,state 7or entity designated thereby71 that unit of general local government 7or entity designated thereby71 that entity designated by a unit of general local government1 or that ,indian ,tribe 7or entity designated thereby71 respectively2 7ii7 to provide funding to support organizations that provide technical assistance to eligible entities2 or 7iii7 subject to subparagraph 7,b71 to pay for administrative costs incurred by that ,state 7or entity designated thereby71 that unit of general local government 7or entity designated thereby71 that entity designated by a unit of general local government1 or that ,indian ,tribe 7or entity designated thereby71 respectively1 in establishing and administering a small business emergency fund4 7,b7 ,limitation ,a ,state1 unit of general local government1 entity designated by a unit of general local government1 or ,indian ,tribe may not use more than #c percent of an allocation received under paragraph 7#a7 for a purpose described in subparagraph 7,a77iii7 of this paragraph4 7,c7 ,obligation deadlines 7i7 ,states ,of the amounts that a ,state elects under paragraph 7#a77;,c77ii77,i77bb7 to reserve for use by the ,state under this paragraph-- 7,i7 any amounts that the ,state provides to a small business emergency fund under subparagraph 7,a77i7 of this paragraph shall be obligated by the small business emergency fund for expenditure not later than #gd days after the date on which the ,state received the amounts from the ,secretary under clause 7i7 or 7ii7 of paragraph 7#a77;,a72 and 7,,ii7 any amounts that the ,state chooses to provide to an organization under subparagraph 7,a77ii7 of this paragraph1 or to use to pay for administrative costs under subparagraph 7,a77iii7 of this paragraph1 shall be obligated by the ,state for expenditure not later than #gd days after the date on which the ,state received the amounts from the ,secretary under clause 7i7 or 7ii7 of paragraph 7#a77;,a74 7ii7 ,entitlement communities ,of the amounts that an entitlement community receives from the ,secretary under paragraph 7#a77;,b77i77,i7-- 7,i7 any amounts that the entitlement community provides to a small business emergency fund under subparagraph 7,a77i7 of this paragraph shall be obligated by the small business emergency fund for expenditure not later than #gd days after the date on which the entitlement community received the amounts2 and 7,,ii7 any amounts that the entitlement community chooses to provide to an organization under subparagraph 7,a77ii7 of this paragraph1 or to use to pay for administrative costs under subparagraph 7,a77iii7 of this paragraph1 shall be obligated by the entitlement community for expenditure not later than #gd days after the date on which the entitlement community received the amounts4 7iii7 ,nonentitlement communities ,of the amounts that a unit of general local government1 or an entity designated thereby1 located in a nonentitlement area receives from a ,state under paragraph 7#a77;,c77ii77,i77aa7-- 7,i7 any amounts that the unit of general local government or entity provides to a small business emergency fund under subparagraph 7,a77i7 of this paragraph shall be obligated by the small business emergency fund for expenditure not later than #fj days after the date on which the unit of general local government or entity received the amounts2 and 7,,ii7 any amounts that the unit of general local government or entity chooses to provide to a support organization under subparagraph 7,a77ii7 of this paragraph or to use to pay for administrative costs under subparagraph 7,a77iii7 of this paragraph shall be obligated by the unit of general local government or entity for expenditure not later than #fj days after the date on which the unit of general local government or entity received the amounts4 7,d7 ,recovery of unobligated funds ,if a ,state1 entitlement community1 other unit of general local government1 entity designated by a unit of general local government1 or small business emergency fund fails to obligate amounts by the applicable deadline under subparagraph 7,c71 the ,secretary shall recover the amount of those amounts that remain unobligated1 as of that deadline4 7,e7 ,collaboration ,it is the sense of ,congress that-- 7i7 an entitlement community that receives amounts allocated under paragraph 7#a77;,b77i77,i7 should collaborate with the applicable local entity responsible for economic development and small business development in establishing and administering a small business emergency fund2 and 7ii7 ,states1 units of general local government 7including units of general local government located inside and outside nonentitlement areas71 and ,indian ,tribes that receive amounts under paragraph 7#a7 and are located in the same region should collaborate in establishing and administering small business emergency funds4 7d7 ,small business emergency funds ,with respect to a small business emergency fund that receives funds from an allocation made under subsection 7c7-- 7#a7 if the small business emergency fund makes a loan to an eligible entity with those funds1 the small business emergency fund may use amounts returned to the small business emergency fund from the repayment of the loan to provide further assistance to eligible entities1 without regard to the termination date described in subsection 7i72 and 7#b7 the small business emergency fund shall conduct outreach to eligible entities that are less likely to participate in programs established under the ,,cares ,act 7,public ,law #aaf-acf2 #acd ,stat4 #bha7 and the amendments made by that ,act1 including minority-owned entities1 businesses in low-income communities1 businesses in rural and ,tribal areas1 and other businesses that are underserved by the traditional banking system4 7e7 ,information gathering 7#a7 ,in general ,when providing assistance to an eligible entity with funds received from an allocation made under subsection 7c71 the entity providing assistance shall-- 7,a7 inquire whether the eligible entity is-- 7i7 in the case of an eligible entity that is a business entity or a nonprofit organization1 a women-owned entity or a minority-owned entity2 and 7ii7 in the case of an eligible entity who is an individual1 a woman or a minority2 and 7,b7 maintain a record of the responses to each inquiry conducted under subparagraph 7,a71 which the entity shall promptly submit to the applicable ,state1 unit of general local government1 or ,indian ,tribe4 7#b7 ,right to refuse ,an eligible entity may refuse to provide any information requested under paragraph 7#a77;,a74 7f7 ,reporting 7#a7 ,in general ,not later than #cj days after the date on which a ,state1 unit of general local government1 or ,indian ,tribe initially receives an allocation made under subsection 7c71 and not later than #ad days after the date on which that ,state1 unit of local government1 or ,indian ,tribe completes the full expenditure of that allocation1 that ,state1 unit of general local government1 or ,indian ,tribe shall submit to the ,secretary a report that includes-- 7,a7 the number of recipients of assistance made available from the allocation2 7,b7 the total amount1 and type1 of assistance made available from the allocation2 7,c7 to the extent applicable1 with respect to each recipient described in subparagraph 7,a71 information regarding the industry of the recipient1 the amount of assistance received by the recipient1 the annual sales of the recipient1 and the number of employees of the recipient2 7,d7 to the extent available from information collected under subsection 7e71 information regarding the number of recipients described in subparagraph 7,a7 that are minority-owned entities1 minorities1 women1 and women-owned entities2 7,e7 the zip code of each recipient described in subparagraph 7,a72 and 7,f7 any other information that the ,secretary1 in the sole discretion of the ,secretary1 determines to be necessary to carry out the ,program4 7#b7 ,public availability ,as soon as is practicable after receiving each report submitted under paragraph 7#a71 the ,secretary shall make the information contained in the report1 including all of the information described in subparagraphs 7,a7 through 7,f7 of that paragraph1 publicly available4 7g7 ,rules and guidance ,the ,secretary1 in consultation with the ,administrator1 shall issue any rules and guidance that are necessary to carry out the ,program1 including by establishing appropriate compliance and reporting requirements1 in addition to the reporting requirements under subsection 7f74 7h7 ,appropriation ,there are appropriated to the ,secretary for fiscal year #bjbj1 out of amounts in the ,treasury not otherwise appropriated1 #ej1ejj1jjj1jjj to carry out the ,program1 which shall remain available until the termination date described in subsection 7i74 7i7 ,termination ,the ,program1 and any rules and guidance issued under subsection 7g7 with respect to the ,program1 shall terminate on the date that is #a year after the date of enactment of this ,act4 ,p ,,covid ,community ,care #cafja4 ,short title ,this subtitle may be cited as the ,,covid ,community ,care ,act4 #a ,department of ,health and ,human ,services ,office of the ,secretary public health and social services emergency fund 7including transfer of funds7 ,for an additional amount for ,public ,health and ,social ,services ,emergency ,fund1 #h1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbd1 for the implementation of the comprehensive program to prevent and respond to ,,covid-#ai in medically underserved communities1 as authorized by section #cafja3 ,provided1 ,that of such amounts1 #fj1jjj1jjj shall be transferred to ,general ,departmental ,management and made available to the ,office of ,minority ,health for the implementation of such program3 ,provided further1 ,that the amounts made available 7including amounts transferred7 under this heading shall be in addition to amounts otherwise available for such purposes3 ,provided further1 ,that such amounts are designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,indian ,health ,service indian health services ,for an additional amount for ,indian ,health ,services1 #djj1jjj1jjj1 to remain available until ,september #cj1 #bjbd1 for the implementation of a comprehensive program to prevent and respond to ,,covid-#ai through programs and services administered by the ,indian ,health ,service and ,indian ,tribes1 ,tribal organizations1 and ,urban ,indian organizations pursuant to a contract or compact under the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecja et seq47 or the ,indian ,health ,care ,improvement ,act 7#be ,u4,s4,c4 #afja et seq471 as authorized by section #cafjb of this subtitle3 ,provided1 ,that such amounts shall be in addition to amounts otherwise available for such purposes3 ,provided further1 ,that such funds shall be allocated at the discretion of the ,director of the ,indian ,health ,service3 ,provided further1 ,that the amount provided under this heading in this subtitle shall be distributed through ,indian ,health ,service directly operated programs and to ,tribes and ,tribal organizations under the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecja et seq47 and through contracts or grants with ,urban ,indian ,organizations under title ,v of the ,indian ,health ,care ,improvement ,act 7#be ,u4,s4,c4 #afea et seq473 ,provided further1 ,that any amounts made available under this heading and transferred to ,tribes or ,tribal organizations shall be transferred on a one-time basis1 and that these non-recurring funds are not part of the amount required by section #ajf of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecbe71 and that such amounts may only be used for the purposes authorized by section #cafjb of this subtitle1 notwithstanding any other provision of law3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 #cafjb4 ,,covid-#ai prevention in medically underserved communities 7a7 ,in general ,the ,secretary of ,health and ,human ,services1 in consultation with the ,deputy ,assistant ,secretary for ,minority ,health1 shall implement a comprehensive program to-- 7#a7 prevent and respond to ,,covid-#ai in medically underserved communities2 and 7#b7 ensure that such program is designed to complement the efforts of ,state and local public health agencies4 7b7 ,components ,the comprehensive program under subsection 7a7 shall include the following3 7#a7 ,the provision of diagnostic tests for the virus that causes ,,covid-#ai1 including rapid response tests and testing through the use of mobile health units4 7#b7 ,the provision of serological tests for the virus that causes ,,covid-#ai4 7#c7 ,contact tracing to monitor the contacts of individuals who are or were infected with the virus that causes ,,covid-#ai4 7#d7 ,the provision of personal protective equipment to essential workers4 7#e7 ,the facilitation of-- 7,a7 voluntary isolation and quarantine of individuals presumed or confirmed to be infected with1 or exposed to individuals presumed or confirmed to be infected with1 the virus that causes ,,covid-#ai2 and 7,b7 the provision of social services and support for such individuals4 7#f7 ,a culturally diverse and multilingual social marketing campaign carried out by trusted members of the community involved to increase public awareness of-- 7,a7 health precautions to prevent exposure to the virus that causes ,,covid-#ai2 7,b7 the benefits of monitoring and testing for ,,covid-#ai2 7,c7 health care assistance programs and entities that provide treatment for such virus2 and 7,d7 public assistance and unemployment programs for individuals affected by the spread of ,,covid-#ai4 7c7 ,grants to partners ,to carry out the components of the comprehensive program under subsection 7b71 the ,secretary shall provide grants to-- 7#a7 faith-based1 community1 and nonprofit organizations2 and 7#b7 eligible institutions of higher education described in section #cga7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7a77 that have partnerships with one or more faith-based1 community1 or nonprofit organizations4 7d7 ,contact tracing 7#a7 ,location of personnel ,the individuals hired and trained to perform contact tracing pursuant to the comprehensive program under subsection 7a7 shall have-- 7,a7 experience in medically underserved communities2 and 7,b7 relationships with individuals who reside in medically underserved communities4 7#b7 ,protection of personal information ,the ,secretary shall ensure that the individually identifiable information collected to perform contact tracing pursuant to the comprehensive program under subsection 7a7 is secure from unauthorized access and disclosure4 7e7 ,strategy 7#a7 ,in general ,not later than #ad days after the date of the enactment of this ,act1 the ,secretary shall develop and publish a comprehensive strategy with respect to the comprehensive program under subsection 7a7 for the purpose of addressing health and health disparities1 taking into consideration the following3 7,a7 ,race and ethnicity4 7,b7 ,sex4 7,c7 ,age4 7,d7 ,limited ,english proficiency4 7,e7 ,socioeconomic status4 7,f7 ,disability4 7,g7 ,census tract4 7,h7 ,status as a member of the lesbian1 gay1 bisexual1 and transgender community4 7,i7 ,occupation4 7,j7 ,other demographic data4 7#b7 ,consultation ,in developing the strategy under paragraph 7#a71 the ,secretary shall consult with health officials who represent the following3 7,a7 ,state and territorial governments4 7,b7 ,local governments4 7,c7 ,tribal governments4 #cafjc4 ,,covid-#ai prevention in ,indian ,tribes 7a7 ,in general ,the ,secretary of ,health and ,human ,services1 acting through the ,director of the ,indian ,health ,service1 shall implement a comprehensive program to prevent and respond to ,,covid-#ai through programs and services administered by-- 7#a7 the ,indian ,health ,service2 and 7#b7 ,indian ,tribes1 ,tribal organizations1 and ,urban ,indian organizations pursuant to a contract or compact under-- 7,a7 the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecja et seq472 or 7,b7 the ,indian ,health ,care ,improvement ,act 7#be ,u4,s4,c4 #afja et seq474 7b7 ,components ,the comprehensive program under subsection 7a7 shall include the following3 7#a7 ,the provision of diagnostic tests for the virus that causes ,,covid-#ai1 including rapid response tests and testing through the use of mobile health units4 7#b7 ,the provision of serological tests for the virus that causes ,,covid-#ai4 7#c7 ,contact tracing to monitor the contacts of individuals who are or were infected with the virus that causes ,,covid-#ai1 including hiring and training culturally and linguistically competent contact tracers4 7#d7 ,the provision of personal protective equipment to essential workers1 including-- 7,a7 community health representatives employed under section #eaf of the ,indian ,health ,care ,improvement ,act 7#be ,u4,s4,c4 #afaf;f72 and 7,b7 community health aides employed under section #aai of the ,indian ,health ,care ,improvement ,act 7#be ,u4,s4,c4 #afafl74 7#e7 ,the facilitation of-- 7,a7 voluntary isolation and quarantine of individuals presumed or confirmed to be infected with1 or exposed to individuals presumed or confirmed to be infected with1 the virus that causes ,,covid-#ai2 and 7,b7 the provision of social services and support for such individuals4 7#f7 ,a culturally and linguistically appropriate social marketing campaign carried out by trusted members of the community involved to increase public awareness of-- 7,a7 health precautions to prevent exposure to1 and the spread of1 the virus that causes ,,covid-#ai2 7,b7 the benefits of monitoring and testing for such virus2 and 7,c7 other public awareness priorities4 7#g7 ,awarding grants or cooperative agreements to epidemiology centers established under section #bad of the ,indian ,health ,care ,improvement ,act 7#be ,u4,s4,c4 #afbam74 7c7 ,consultation ,before implementing the program under subsection 7a71 the ,secretary shall-- 7#a7 consult with ,indian ,tribes and ,tribal organizations2 and 7#b7 confer with ,urban ,indian organizations4 #cafjd4 ,definitions ,in this subtitle3 7#a7 ,the term essential worker means-- 7,a7 a health sector employee2 7,b7 an emergency response worker2 7,c7 a sanitation worker2 7,d7 a worker at a business which a ,state or local government official has determined must remain open to serve the public during a public health emergency 7as declared pursuant to section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d77 with respect to ,,covid-#ai2 and 7,e7 any other worker who cannot telework1 and whom the ,state deems to be essential during a public health emergency with respect to ,,covid-#ai4 7#b7 ,the term ,indian ,tribe means an ,indian tribe as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#c7 ,the term medically underserved communities means communities that each-- 7,a7 have a rate of infection1 hospitalization1 or death with respect to ,,covid-#ai that is higher than the national average2 7,b7 have a high percentage of racial and ethnic minorities2 or 7,c7 are above the #ijth percentile according to the area deprivation index developed by the ,administrator of the ,health ,resources and ,services ,administration4 7#d7 ,the term ,secretary means the ,secretary of ,health and ,human ,services4 7#e7 ,the term ,tribal organization means a tribal organization as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#f7 ,the term ,urban ,indian organization has the meaning given such term in section #d of the ,indian ,health ,care ,improvement ,act 7#be ,u4,s4,c4 #afjc74 #cafje4 ,additional appropriations ,unless otherwise provided for by this subtitle1 the additional amounts appropriated by this subtitle to appropriations accounts shall be available under the authorities and conditions applicable to such appropriations accounts for fiscal year #bjbb4 #cafjf4 ,supplemental appropriations ,each amount designated in this subtitle by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe shall be available 7or transferred1 as applicable7 only if the ,president subsequently so designates all such amounts and transmits such designations to the ,congress4 ,q ,to ,improve the ,health of ,minority ,individuals during the ,,covid-#ai ,pandemic and for ,other purposes #cagja4 ,short title ,this subtitle may be cited as the ,ending ,health ,disparities ,during ,,covid-#ai ,act of #bjba or the ,,ehdc ,act of #bjbj4 #a ,racial and ,ethnicity ,data ,collection ,a ,collection and ,reporting #cagaja4 ,equitable data collection and disclosure on ,,covid-#ai ,act 7a7 ,findings ,congress makes the following findings3 7#a7 ,the ,world ,health ,organization 7,,who7 declared ,,covid-#ai a ,public ,health ,emergency of ,international ,concern on ,january #cj1 #bjbj4 ,by late ,march #bjbj1 there have been over #dgj1jjj confirmed cases of1 and #bj1jjj deaths associated with1 ,,covid-#ai worldwide4 7#b7 ,in the ,united ,states1 cases of ,,covid-#ai have quickly surpassed those across the world1 and as of ,april #ab1 #bjbj1 over #ejj1jjj cases and #bj1jjj deaths have been reported in the ,united ,states alone4 7#c7 ,early reporting on racial inequities in ,,covid-#ai testing and treatment have renewed calls for the ,centers for ,disease ,control and ,prevention and other relevant subagencies within the ,department of ,health and ,human ,services to publicly release racial and demographic information to better inform the pandemic response1 specifically in communities of color and in ,limited ,english ,proficient 7,,lep7 communities4 7#d7 ,the burden of morbidity and mortality in the ,united ,states has historically fallen disproportionately on marginalized communities 7those who suffer the most from great public health needs and are the most medically underserved74 7#e7 ,historically1 structures and systems1 such as racism1 ableism and class oppression1 have rendered affected individuals more vulnerable to inequities and have prevented people from achieving their optimal health even when there is not a crisis of pandemic proportions4 7#f7 ,significant differences in access to health care1 specifically to primary health care providers1 health care information1 and greater perceived discrimination in health care place communities of color1 individuals with disabilities1 and ,,lep individuals at greater risk of receiving delayed1 and perhaps poorer1 health care4 7#g7 ,stark racial inequities across the ,united ,states1 including unequal access to stable housing1 quality education1 and decent employment significantly impact the ability of individuals to take care of their most basic health needs4 ,communities of color are more likely to experience homelessness and struggle with low-paying jobs or unemployment4 ,to date1 experts have cited that #b in #e ,latino residents in ,new ,york ,city1 the current epicenter of the ,,covid-#ai pandemic1 are recently unemployed as a direct consequence of ,,covid-#ai4 ,and at a time when sheltering in place will save lives1 less than #a in #e ,black workers and roughly #a in #f ,latino workers are able to work from home4 7#h7 ,communities of color experience higher rates of chronic disease and disabilities1 such as diabetes1 hypertension1 and asthma1 than non-,hispanic ,white communities1 which predisposes them to greater risk of complications and mortality should they contract ,,covid-#ai4 7#i7 ,such communities are made even more vulnerable to the uncertainty of the preparation1 response1 and events surrounding the pandemic public health crisis1 ,,covid-#ai4 ,for instance1 in the recent past1 multiple epidemiologic studies and reviews have reported higher rates of hospitalization due to the #bjji ,h#a,n#a pandemic among the poor1 individuals with disabilities and preexisting conditions1 those living in impoverished neighborhoods1 and individuals of color and ethnic backgrounds in the ,united ,states4 ,these findings highlight the urgency to adapt the ,,covid-#ai response to monitor and act on these inequities via data collection and research by race and ethnicity4 7#aj7 ,research experts recognize that there are underlying differences in illness and death when each of these factors are examined through socioeconomic and racial or ethnic lenses4 ,these socially determinant factors of health accelerate disease and degradation4 7#aa7 ,language barriers are highly correlated with medication noncompliance and inconsistent engagement with health systems4 ,without language accessibility data and research around ,,covid-#ai1 these communities are less likely to receive critical testing and preventive health services4 ,yet1 to date1 the ,centers for ,disease ,control and ,prevention do not disseminate ,,covid-#ai messaging in critical languages1 including ,mandarin ,chinese1 ,spanish1 and ,korean within the same timeframe as information in ,english despite requirements to ensure limited ,english proficient populations are not discriminated against under title ,,vi of the ,civil ,rights ,act of #aifd and subsequent laws and ,federal policies4 7#ab7 ,further1 it is critical to disaggregate data further by ancestry to address disparities among ,asian ,american1 ,native ,hawaiian1 and ,pacific ,islander groups4 ,according to the ,national ,equity ,atlas1 while #ac percent of the ,asian population overall lived in poverty in #bjae1 #ci percent of ,burmese people1 #bi percent of ,hmong people1 and #ba percent of ,pacific ,islanders lived in poverty4 7#ac7 ,utilizing disaggregation of enrollment in ,affordable ,care ,act-sponsored health insurance1 the ,asian and ,pacific ,islander ,american ,health ,forum found that prior to the passage of the ,patient ,protection and ,affordable ,care ,act 7,public ,law #aaa-adh71 ,korean ,americans had a high uninsured rate of #bc percent1 compared to just #ab percent for all ,asian ,americans4 ,developing targeted outreach efforts assisted #a1jjj1jjj people and resulted in a #ef-percent decrease in the uninsured among the ,asian1 ,native ,hawaiian1 and ,pacific ,islander population4 ,such efforts show that disaggregated data is essential to public health mobilizations efforts4 7#ad7 ,without clear understanding of how ,,covid-#ai impacts marginalized racial and ethnic communities1 there will be exacerbated risk of endangering the most historically vulnerable of our ,nation4 7#ae7 ,the consequences of misunderstanding the racial and ethnic impact of ,,covid-#ai expound beyond communities of color such that it would impact all4 7#af7 ,race and ethnicity are valuable research and practice variables when used and interpreted appropriately4 ,health data collected on patients by race and ethnicity will boost and more efficiently direct critical resources and inform risk communication development in languages and at appropriate health literacy levels1 which resonate with historically vulnerable communities of color4 7#ag7 ,to date1 there is no public standardized and comprehensive race and ethnicity data repository of ,,covid-#ai testing1 hospitalizations1 or mortality4 ,the inconsistency of data collection by ,federal1 ,state1 and local health authorities1 and the inability to access data by public research institutions and academic organizations1 poses a threat to analysis and synthesis of the pandemic impact on communities of color4 ,however1 research and medical experts of ,historically ,black ,colleges and ,universities1 academic health care institutions which are historically and geographically embedded in minoritized and marginalized communities1 generally also possess rapport with the communities they serve4 ,they are well-positioned1 as trusted thought leaders and health care service providers1 to collect data and conduct research toward creating holistic solutions to remedy the inequitable impact of this and future public health crises4 7#ah7 ,well-designed1 ethically sound research aligns with the goals of medicine1 addresses questions relevant to the population among whom the study will be carried out1 balances the potential for benefit against the potential for harm1 employs study designs that will yield scientifically valid and significant data1 and generates useful knowledge4 7#ai7 ,the dearth of racially and ethnically disaggregated data reflecting the health of communities of color underlies the challenges of a fully informed public health response4 7#bj7 ,without collecting race and ethnicity data associated with ,,covid-#ai testing1 hospitalizations1 morbidities1 and mortalities1 as well as publicly disclosing it1 communities of color will remain at greater risk of disease and death4 7b7 ,emergency funding for ,federal data collection on the racial1 ethnic1 and other demographic disparities of ,,covid-#ai ,to conduct or support data collection on the racial1 ethnic1 and other demographic implications of ,,covid-#ai in the ,united ,states and its territories1 including support to assist in the capacity building for ,state and local public health departments to collect and transmit racial1 ethnic1 and other demographic data to the relevant ,department of ,health and ,human ,services agencies1 there is authorized to be appropriated-- 7#a7 to the ,centers for ,disease ,control and ,prevention1 #ab1jjj1jjj2 7#b7 to ,state1 territorial1 and ,tribal public health agencies1 distributed proportionally based on the total population of their residents who are enrolled in ,medicaid or who have no health insurance1 #ae1jjj1jjj2 7#c7 to the ,indian ,health ,service1 ,indian ,tribes and ,tribal organizations 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act71 and urban ,indian organizations 7as defined in section #d of the ,indian ,health ,care ,improvement ,act71 #c1jjj1jjj2 7#d7 to the ,centers for ,medicare ,medicaid ,services1 #e1jjj1jjj2 7#e7 to the ,food and ,drug ,administration1 #e1jjj1jjj2 7#f7 to the ,agency for ,healthcare ,research and ,quality1 #e1jjj1jjj2 and 7#g7 to the ,office of the ,national ,coordinator for ,health ,information ,technology1 #e1jjj1jjj4 7c7 ,,covid-#ai data collection and disclosure 7#a7 ,data collection ,the ,secretary of ,health and ,human ,services 7referred to in this section as the ,secretary71 acting through the ,director of the ,centers for ,disease ,control and ,prevention and the ,administrator of the ,centers for ,medicare ,medicaid ,services1 shall make publicly available on the website of the ,centers for ,disease ,control and ,prevention data collected across all surveillance systems relating to ,,covid-#ai1 disaggregated by race1 ethnicity1 sex1 age1 primary language1 socioeconomic status1 disability status1 and county1 including the following3 7,a7 ,data related to all ,,covid-#ai testing1 including the number of individuals tested and the number of tests that were positive4 7,b7 ,data related to treatment for ,,covid-#ai1 including hospitalizations and intensive care unit admissions4 7,c7 ,data related to ,,covid-#ai outcomes1 including total fatalities and case fatality rates 7expressed as the proportion of individuals who were infected with ,,covid-#ai and died from the virus74 7#b7 ,application of standards ,to the extent practicable1 data collection under this subsection shall follow standards developed by the ,department of ,health and ,human ,services ,office of ,minority ,health and be collected1 analyzed1 and reported in accordance with the standards promulgated by the ,assistant ,secretary for ,planning and ,evaluation under title ,,xxxi of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjjkk et seq474 7#c7 ,timeline ,the data made available under this subsection shall be updated on a daily basis throughout the public health emergency4 7#d7 ,privacy ,in publishing data under this subsection1 the ,secretary shall take all necessary steps to protect the privacy of individuals whose information is included in such data1 including-- 7,a7 complying with privacy protections provided under the regulations promulgated under section #bfd7;c7 of the ,health ,insurance ,portability and ,accountability ,act of #aiif2 and 7,b7 protections from all inappropriate internal use by an entity that collects1 stores1 or receives the data1 including use of such data in determinations of eligibility 7or continued eligibility7 in health plans1 and from inappropriate uses4 7#e7 ,consultation with ,tribes ,the ,indian ,health ,service shall consult with ,indian ,tribes and confer with urban ,indian organizations on data collection and reporting4 7#f7 ,report ,not later than #fj days after the date on which the ,secretary certifies that the public health emergency related to ,,covid-#ai has ended1 the ,secretary shall make publicly available a summary of the final statistics related to ,,covid-#ai4 7#g7 ,report ,not later than #fj days after the date on which the ,secretary certifies that the public health emergency related to ,,covid-#ai has ended1 the ,department of ,health and ,human ,services shall compile and submit to the ,committee on ,health1 ,education1 ,labor1 and ,pensions and the ,committee on ,finance of the ,senate and the ,committee on ,energy and ,commerce and the ,committee on ,ways and ,means of the ,house of ,representatives a preliminary report-- 7,a7 describing the testing1 hospitalization1 mortality rates1 and preferred language of patients associated with ,,covid-#ai by race and ethnicity2 and 7,b7 proposing evidenced-based response strategies to safeguard the health of these communities in future pandemics4 7d7 ,commission on ,ensuring ,health ,equity ,during the ,,covid-#ai ,public ,health ,emergency 7#a7 ,in general ,not later than #cj days after the date of enactment of this ,act1 the ,secretary shall establish a commission1 to be known as the ,commission on ,ensuring ,health ,equity ,during the ,,covid-#ai ,public ,health ,emergency 7referred to in this subsection as the ,commission7 to provide clear and robust guidance on how to improve the collection1 analysis1 and use of demographic data in responding to future waves of the coronavirus4 7#b7 ,membership and chairperson 7,a7 ,membership ,the ,commission shall be composed of-- 7i7 the ,director of the ,centers for ,disease ,control and ,prevention2 7ii7 the ,director of the ,national ,institutes of ,health2 7iii7 the ,commissioner of ,food and ,drugs2 7iv7 the ,administrator of the ,federal ,emergency ,management ,agency2 7v7 the ,director of the ,national ,institute on ,minority ,health and ,health ,disparities2 7vi7 the ,director of the ,indian ,health ,service2 7vii7 the ,administrator of the ,centers for ,medicare ,medicaid ,services2 7viii7 the ,director of the ,agency for ,healthcare ,research and ,quality2 7ix7 the ,surgeon ,general2 7x7 the ,administrator of the ,health ,resources and ,services ,administration2 7xi7 the ,director of the ,office of ,minority ,health2 7xii7 the ,director of the ,office of ,women's ,health2 7xiii7 the ,chairperson of the ,national ,council on ,disability2 7xiv7 at least #d ,state1 local1 territorial1 and ,tribal public health officials representing departments of public health1 who shall represent jurisdictions from different regions of the ,united ,states with relatively high concentrations of historically marginalized populations1 to be appointed by the ,secretary2 and 7xv7 racially and ethnically diverse representation from at least #c independent experts with knowledge or field experience with racial and ethnic disparities in public health appointed by the ,secretary4 7,b7 ,chairperson ,the ,president of the ,national ,academies of ,sciences1 ,engineering1 and ,medicine1 or designee1 shall serve as the chairperson of the ,commission4 7#c7 ,duties ,the ,commission shall-- 7,a7 examine barriers to collecting1 analyzing1 and using demographic data2 7,b7 determine how to best use such data to promote health equity across the ,united ,states and reduce racial1 ,tribal1 and other demographic disparities in ,,covid-#ai prevalence and outcomes2 7,c7 gather available data related to ,,covid-#ai treatment of individuals with disabilities1 including denial of treatment for pre-existing conditions1 removal or denial of disability related equipment 7including ventilators and ,,cpap71 and data on completion of ,,dnr orders1 and identify barriers to obtaining accurate and timely data related to ,,covid-#ai treatment of such individuals2 7,d7 solicit input from public health officials1 community-connected organizations1 health care providers1 ,state and local agency officials1 and other experts on barriers to1 and best practices for1 collecting demographic data2 and 7,e7 recommend policy changes that the data indicates are necessary to reduce disparities4 7#d7 ,report ,not later than #fj days after the date of enactment of this ,act1 and every #ahj days thereafter until the ,secretary certifies that the public health emergency related to ,,covid-#ai has ended1 the ,commission shall submit a written report of its findings and recommendations to ,congress and post such report on a website of the ,department of ,health and ,human ,services4 ,such reports shall contain information concerning-- 7,a7 how to enhance ,state1 local1 territorial1 and ,tribal capacity to conduct public health research on ,,covid-#ai1 with a focus on expanded capacity to analyze data on disparities correlated with race1 ethnicity1 income1 sex1 age1 disability status1 specific geographic areas1 and other relevant demographic characteristics1 and an analysis of what demographic data is currently being collected about ,,covid-#ai1 the accuracy of that data and any gaps1 how this data is currently being used to inform efforts to combat ,,covid-#ai1 and what resources are needed to supplement existing public health data collection2 7,b7 how to collect1 process1 and disclose to the public the data described in subparagraph 7,a7 in a way that maintains individual privacy while helping direct the ,state and local response to the virus2 7,c7 how to improve demographic data collection related to ,,covid-#ai in the short- and long-term1 including how to continue to grow and value the ,tribal sovereignty of data and information concerning ,tribal communities2 7,d7 to the extent possible1 a preliminary analysis of racial and other demographic disparities in ,,covid-#ai mortality1 including an analysis of comorbidities and case fatality rates2 7,e7 to the extent possible1 a preliminary analysis of sex1 gender1 sexual orientation1 and gender identity disparities in ,,covid-#ai treatment and mortality2 7,f7 an analysis of ,,covid-#ai treatment of individuals with disabilities1 including equity of access to treatment and equipment and intersections of disability status with other demographic factors1 including race1 and recommendations for how to improve transparency and equity of treatment for such individuals during the ,,covid-#ai public health emergency and future emergencies2 7,g7 how to support ,state1 local1 and ,tribal capacity to eliminate barriers to ,,covid-#ai testing and treatment2 and 7,h7 to the extent possible1 a preliminary analysis of ,federal ,government policies that disparately exacerbate the ,,covid-#ai impact1 and recommendations to improve racial and other demographic disparities in health outcomes4 7#e7 ,authorization of appropriations ,there is authorized to be appropriated such sums as may be necessary to carry out this subsection4 #cagajb4 ,,covid-#ai reporting portal 7a7 ,in general ,not later than #ae days after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services 7referred to in this section as the ,secretary7 shall establish and maintain an online portal for use by eligible health care entities to track and transmit data regarding their personal protective equipment and medical supply inventory and capacity related to ,,covid-#ai4 7b7 ,eligible health care entities ,in this section1 the term eligible health care entity means a licensed acute care hospital1 hospital system1 or long-term care facility with confirmed cases of ,,covid-#ai4 7c7 ,submission ,an eligible health care entity shall report using the portal under this section on a biweekly basis in order to assist the ,secretary in tracking usage and need of ,,covid-related supplies and personnel in a regular and real-time manner4 7d7 ,included information ,the ,secretary shall design the portal under this section to include information on personal protective equipment and medical supply inventory and capacity related to ,,covid-#ai1 including with respect to the following3 7#a7 ,personal protective equipment ,total personal protective equipment inventory1 including1 in units1 the numbers of ,n#ie masks and authorized equivalent respirator masks1 surgical masks1 exam gloves1 face shields1 isolation gowns1 and coveralls4 7#b7 ,medical supply 7,a7 ,total ventilator inventory1 including1 in units1 the number of universal1 adult1 pediatric1 and infant ventilators4 7,b7 ,total diagnostic and serological test inventory1 including1 in units1 the number of test platforms1 tests1 test kits1 reagents1 transport media1 swabs1 and other materials or supplies determined necessary by the ,secretary4 7#c7 ,capacity 7,a7 ,case count measurements1 including confirmed positive cases and persons under investigation4 7,b7 ,total number of staffed beds1 including medical surgical beds1 intensive care beds1 and critical care beds4 7,c7 ,available beds1 including medical surgical beds1 intensive care beds1 and critical care beds4 7,d7 ,total number of ,,covid-#ai patients currently utilizing a ventilator4 7,e7 ,average number of days a ,,covid-#ai patient is utilizing a ventilator4 7,f7 ,total number of additionally needed professionals in each of the following categories3 intensivists1 critical care physicians1 respiratory therapists1 registered nurses1 certified registered nurse anesthetists1 and laboratory personnel4 7,g7 ,total number of hospital personnel currently not working due to self-isolation following a known or presumed ,,covid-#ai exposure4 7e7 ,access to information related to inventory and capacity ,the ,secretary shall ensure that relevant agencies and officials1 including the ,centers for ,disease ,control and ,prevention1 the ,assistant ,secretary for ,preparedness and ,response1 and the ,federal ,emergency ,management ,agency1 have access to information related to inventory and capacity submitted under this section4 7f7 ,weekly report to ,congress ,on a weekly basis1 the ,secretary shall transmit information related to inventory and capacity submitted under this section to the appropriate committees of the ,house and ,senate4 #cagajc4 ,regular ,,cdc reporting on demographic data ,not later than #ad days after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services1 in coordination with the ,director of the ,centers for ,disease ,control and ,prevention1 shall amend the reporting under the heading ,department of ,health and ,human ,services--,office of the ,secretary--,public ,health and ,social ,service ,emergency ,fund in title ,i of division ,b of the ,paycheck ,protection ,program and ,health ,care ,enhancement ,act 7,public ,law #aaf-aci2 #acd ,stat4 #fbj1 #fbf7 on the demographic characteristics1 including race1 ethnicity 7including breakdowns of major ethnic groups and ,tribal affiliations within minority populations71 age1 sex1 gender1 geographic region1 primary written and spoken language1 disability status1 sexual orientation1 socioeconomic status1 occupation1 and other relevant factors of individuals tested for or diagnosed with ,,covid-#ai1 to include-- 7#a7 providing technical assistance to ,state1 local1 ,tribal1 and territorial health departments to improve the collection and reporting of such demographic data2 7#b7 if such data is not so collected or reported1 the reason why the ,state1 local1 ,tribal1 or territorial department of health has not been able to collect or provide such information2 and 7#c7 making a copy of such report available publicly on the website of the ,centers for ,disease ,control and ,prevention4 #cagajd4 ,amendment to the ,public ,health ,service ,act 7a7 ,purpose ,it is the purpose of the amendment made by this section to promote data collection1 analysis1 and reporting by race1 ethnicity1 sex1 primary language1 sexual orientation1 disability status1 gender identity1 age1 and socioeconomic status among federally supported health programs4 7b7 ,amendment ,the ,public ,health ,service ,act is amended by adding at the end the following3 ,,xxxiv ,strengthening data collection1 improving data analysis1 and expanding data reporting #cdjj4 ,health disparity data 7a7 ,requirements 7#a7 ,in general ,each health-related program shall-- 7,a7 require the collection1 by the agency or program involved1 of data on the race1 ethnicity1 sex1 primary language1 sexual orientation1 disability status1 gender identity1 age1 and socioeconomic status of each applicant for and recipient of health-related assistance under such program1 including-- 7i7 using1 at a minimum1 standards for data collection on race1 ethnicity1 sex1 primary language1 sexual orientation1 gender identity1 age1 socioeconomic status1 and disability status as each are developed under section #caja2 7ii7 collecting data for additional population groups if such groups can be aggregated into the race and ethnicity categories outlined by standards developed under section #caja2 7iii7 using1 where practicable1 the standards developed by the ,health and ,medicine ,division of the ,national ,academies of ,sciences1 ,engineering1 and ,medicine 7formerly known as the ,institute of ,medicine7 in the #bjji publication1 entitled ,race1 ,ethnicity1 and ,language ,data3 ,standardization for ,health ,care ,quality ,improvement2 and 7iv7 where practicable1 collecting such data through self-reporting2 7,b7 with respect to the collection of the data described in subparagraph 7,a71 for applicants and recipients who are minors1 require communication assistance in speech or writing1 and for applicants and recipients who are otherwise legally incapacitated1 require that-- 7i7 such data be collected from the parent or legal guardian of such an applicant or recipient2 and 7ii7 the primary language of the parent or legal guardian of such an applicant or recipient be collected2 7,c7 systematically analyze such data using the smallest appropriate units of analysis feasible to detect racial and ethnic disparities1 as well as disparities along the lines of primary language1 sex1 disability status1 sexual orientation1 gender identity1 age1 and socioeconomic status in health and health care1 and report the results of such analysis to the ,secretary1 the ,director of the ,office for ,civil ,rights1 each agency listed in section #caja7;c77#a71 the ,committee on ,health1 ,education1 ,labor1 and ,pensions and the ,committee on ,finance of the ,senate1 and the ,committee on ,energy and ,commerce and the ,committee on ,ways and ,means of the ,house of ,representatives2 7,d7 provide such data to the ,secretary on at least an annual basis2 and 7,e7 ensure that the provision of assistance to an applicant or recipient of assistance is not denied or otherwise adversely affected because of the failure of the applicant or recipient to provide race1 ethnicity1 primary language1 sex1 sexual orientation1 disability status1 gender identity1 age1 and socioeconomic status data4 7#b7 ,rules of construction ,nothing in this subsection shall be construed to-- 7,a7 permit the use of information collected under this subsection in a manner that would adversely affect any individual providing any such information2 or 7,b7 diminish any requirements1 including such requirements in effect on or after the date of enactment of this section1 on health care providers to collect data4 7#c7 ,no compelled disclosure of data ,this title does not authorize any health care provider1 ,federal official1 or other entity to compel the disclosure of any data collected under this title4 ,the disclosure of any such data by an individual pursuant to this title shall be strictly voluntary4 7b7 ,protection of data ,the ,secretary shall ensure 7through the promulgation of regulations or otherwise7 that all data collected pursuant to subsection 7a7 are protected-- 7#a7 under the same privacy protections as the ,secretary applies to other health data under the regulations promulgated under section #bfd7;c7 of the ,health ,insurance ,portability and ,accountability ,act of #aiif relating to the privacy of individually identifiable health information and other protections2 and 7#b7 from all inappropriate internal use by any entity that collects1 stores1 or receives the data1 including use of such data in determinations of eligibility 7or continued eligibility7 in health plans1 and from other inappropriate uses1 as defined by the ,secretary4 7c7 ,national plan of the data ,council ,the ,secretary shall develop and implement a national plan to ensure the collection of data in a culturally and linguistically appropriate manner1 to improve the collection1 analysis1 and reporting of racial1 ethnic1 sex1 primary language1 sexual orientation1 disability status1 gender identity1 age1 and socioeconomic status data at the ,federal1 ,state1 territorial1 ,tribal1 and local levels1 including data to be collected under subsection 7a71 and to ensure that data collection activities carried out under this section are in compliance with standards developed under section #caja4 ,the ,data ,council of the ,department of ,health and ,human ,services1 in consultation with the ,national ,committee on ,vital ,health ,statistics1 the ,office of ,minority ,health1 ,office on ,women's ,health1 and other appropriate public and private entities1 shall make recommendations to the ,secretary concerning the development1 implementation1 and revision of the national plan4 ,such plan shall include recommendations on how to-- 7#a7 implement subsection 7a7 while minimizing the cost and administrative burdens of data collection and reporting2 7#b7 expand knowledge among ,federal agencies1 ,states1 territories1 ,indian ,tribes1 counties1 municipalities1 health providers1 health plans1 and the general public that data collection1 analysis1 and reporting by race1 ethnicity1 sex1 primary language1 sexual orientation1 gender identity1 age1 socioeconomic status1 and disability status is legal and necessary to assure equity and nondiscrimination in the quality of health care services2 7#c7 ensure that future patient record systems follow ,federal standards promulgated under the ,health ,information ,technology for ,economic and ,clinical ,health ,act for the collection and meaningful use of electronic health data on race1 ethnicity1 sex1 primary language1 sexual orientation1 gender identity1 age1 socioeconomic status1 and disability status2 7#d7 improve health and health care data collection and analysis for more population groups if such groups can be aggregated into the minimum race and ethnicity categories1 including exploring the feasibility of enhancing collection efforts in ,states1 counties1 and municipalities for racial and ethnic groups that comprise a significant proportion of the population of the ,state1 county1 or municipality2 7#e7 provide researchers with greater access to racial1 ethnic1 primary language1 sex1 sexual orientation1 gender identity1 age1 socioeconomic status data1 and disability status data1 subject to all applicable privacy and confidentiality requirements1 including ,,hipaa privacy and security law as defined in section #cjji2 and 7#f7 safeguard and prevent the misuse of data collected under subsection 7a74 7d7 ,compliance with ,standards ,data collected under subsection 7a7 shall be obtained1 maintained1 and presented 7including for reporting purposes7 in accordance with standards developed under section #caja4 7e7 ,analysis of health disparity data ,the ,secretary1 acting through the ,director of the ,agency for ,healthcare ,research and ,quality and in coordination with the ,assistant ,secretary for ,planning and ,evaluation1 the ,administrator of the ,centers for ,medicare ,medicaid ,services1 the ,director of the ,national ,center for ,health ,statistics1 and the ,director of the ,national ,institutes of ,health1 shall provide technical assistance to agencies of the ,department of ,health and ,human ,services in meeting ,federal standards for health disparity data collection and for analysis of racial1 ethnic1 and other disparities in health and health care in programs conducted or supported by such agencies by-- 7#a7 identifying appropriate quality assurance mechanisms to monitor for health disparities2 7#b7 specifying the clinical1 diagnostic1 or therapeutic measures which should be monitored2 7#c7 developing new quality measures relating to racial and ethnic disparities and their overlap with other disparity factors in health and health care2 7#d7 identifying the level at which data analysis should be conducted2 and 7#e7 sharing data with external organizations for research and quality improvement purposes4 7f7 ,definitions ,in this section-- 7#a7 the term health-related program means a program that is operated by the ,secretary1 or that receives funding or reimbursement1 in whole or in part1 either directly or indirectly from the ,secretary-- 7,a7 for activities under the ,social ,security ,act for health care services2 or 7,b7 for providing federal financial assistance for health care1 biomedical research1 or health services research or for otherwise improving the health of the public2 7#b7 the term primary language data includes spoken and written primary language data2 and 7#c7 the term primary language data collection activities includes identifying1 collecting1 storing1 tracking1 and analyzing primary language data and information on the methods used to meet the language access needs of individuals with limited-,english proficiency4 7g7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years #bjbc through #bjbg4 #cdja4 ,establishing grants for data collection improvement activities 7a7 ,in general ,the ,secretary1 acting through the ,director of the ,agency for ,healthcare ,research and ,quality and in consultation with the ,deputy ,assistant ,secretary for ,minority ,health1 the ,director of the ,national ,institutes of ,health1 the ,assistant ,secretary for ,planning and ,evaluation1 and the ,director of the ,national ,center for ,health ,statistics1 shall establish a technical assistance program under which the ,secretary provides grants to eligible entities to assist such entities in complying with section #cdca4 7b7 ,types of assistance ,a grant provided under this section may be used to-- 7#a7 enhance or upgrade computer technology that will facilitate collection1 analysis1 and reporting of racial1 ethnic1 primary language1 sexual orientation1 sex1 gender identity1 socioeconomic status1 and disability status data2 7#b7 improve methods for health data collection and analysis1 including additional population groups if such groups can be aggregated into the race and ethnicity categories outlined by standards developed under section #caja2 7#c7 develop mechanisms for submitting collected data subject to any applicable privacy and confidentiality regulations2 and 7#d7 develop educational programs to inform health plans1 health providers1 health-related agencies1 and the general public that data collection and reporting by race1 ethnicity1 primary language1 sexual orientation1 sex1 gender identity1 disability status1 and socioeconomic status are legal and essential for eliminating health and health care disparities4 7c7 ,eligible entity ,to be eligible for grants under this section1 an entity shall be a ,state1 territory1 ,indian ,tribe1 municipality1 county1 health provider1 health care organization1 or health plan making a demonstrated effort to bring data collections into compliance with section #cdca4 7d7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years #bjbc through #bjbg4 #cdjb4 ,oversampling of underrepresented groups in ,federal health surveys 7a7 ,national strategy 7#a7 ,in general ,the ,secretary1 acting through the ,director of the ,national ,center for ,health ,statistics of the ,centers for ,disease ,control and ,prevention1 and other agencies within the ,department of ,health and ,human ,services as the ,secretary determines appropriate1 shall develop and implement an ongoing and sustainable national strategy for oversampling underrepresented populations within the categories of race1 ethnicity1 sex1 primary language1 sexual orientation1 disability status1 gender identity1 and socioeconomic status as determined appropriate by the ,secretary in ,federal health surveys and program data collections4 ,such national strategy shall include a strategy for oversampling of ,native ,americans1 ,asian ,americans1 ,native ,hawaiians1 and ,pacific ,islanders4 7#b7 ,consultation ,in developing and implementing a national strategy1 as described in paragraph 7#a71 not later than #ahj days after the date of the enactment of this section1 the ,secretary shall-- 7,a7 consult with representatives of community groups1 nonprofit organizations1 nongovernmental organizations1 and government agencies working with underrepresented populations2 7,b7 solicit the participation of representatives from other ,federal departments and agencies1 including subagencies of the ,department of ,health and ,human ,services2 and 7,c7 consult on1 and use as models1 the #bjad ,national ,health ,interview ,survey oversample of ,native ,hawaiian and ,pacific ,islander populations and the #bjag ,behavioral ,risk ,factor ,surveillance ,system oversample of ,american ,indian and ,alaska ,native communities4 7b7 ,progress report ,not later than #b years after the date of the enactment of this section1 the ,secretary shall submit to the ,congress a progress report1 which shall include the national strategy described in subsection 7a77#a74 7c7 ,authorization of appropriations ,to carry out this section1 there are authorized to be appropriated such sums as may be necessary for fiscal years #bjbc through #bjbg4 4 #cagaje4 ,elimination of prerequisite of direct appropriations for data collection and analysis ,section #caja of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjjkk7 is amended-- 7#a7 by striking subsection 7h72 and 7#b7 by redesignating subsection 7i7 as subsection 7h74 #cagajf4 ,collection of data for the ,medicare program ,part ,a of title ,,xi of the ,social ,security ,act 7#db ,u4,s4,c4 #acja et seq47 is amended by adding at the end the following3 #aaej;,c4 ,collection of data for the ,medicare program 7a7 ,requirement 7#a7 ,in general ,the ,commissioner of ,social ,security1 in consultation with the ,administrator of the ,centers for ,medicare ,medicaid ,services1 shall collect data on the race1 ethnicity1 sex1 primary language1 sexual orientation1 gender identity1 socioeconomic status1 and disability status of all applicants for ,social ,security benefits under title ,,ii or ,medicare benefits under title ,,xviii4 7#b7 ,data collection standards ,in collecting data under paragraph 7#a71 the ,commissioner of ,social ,security shall at least use the standards for data collection developed under section #caja of the ,public ,health ,service ,act or the standards developed by the ,office of ,management and ,budget1 whichever is more disaggregated4 ,in the event there are no standards for the demographic groups listed under paragraph 7#a71 the ,commissioner shall consult with stakeholder groups representing the various identities as well as with the ,office of ,minority ,health within the ,centers for ,medicare ,medicaid ,services to develop appropriate standards4 7#c7 ,data for additional population groups ,where practicable1 the information collected by the ,commissioner of ,social ,security under paragraph 7#a7 shall include data for additional population groups if such groups can be aggregated into the race and ethnicity categories outlined by the data collection standards described in paragraph 7#b74 7#d7 ,collection of data for minors and legally incapacitated individuals ,with respect to the collection of the data described in paragraph 7#a7 of applicants who are under #ah years of age or otherwise legally incapacitated1 the ,commissioner of ,social ,security shall require that-- 7,a7 such data be collected from the parent or legal guardian of such an applicant2 and 7,b7 the primary language of the parent or legal guardian of such an applicant or recipient be used in collecting the data4 7#e7 ,quality of data ,the ,commissioner of ,social ,security shall periodically review the quality and completeness of the data collected under paragraph 7#a7 and make adjustments as necessary to improve both4 7#f7 ,transmission of data ,upon enrollment in ,medicare benefits under title ,,xviii1 the ,commissioner of ,social ,security shall transmit an individual's demographic data as collected under paragraph 7#a7 to the ,centers for ,medicare and ,medicaid ,services4 7#g7 ,analysis and reporting of data ,with respect to data transmitted under paragraph 7#e71 the ,administrator of the ,centers for ,medicare and ,medicaid ,services1 in consultation with the ,commissioner of ,social ,security shall-- 7,a7 require that such data be uniformly analyzed and that such analysis be reported at least annually to ,congress2 7,b7 incorporate such data in other analysis and reporting on health disparities as appropriate2 7,c7 make such data available to researchers1 under the protections outlined in paragraph 7#g72 7,d7 provide opportunities to individuals enrolled in ,medicare to submit updated data2 and 7,e7 ensure that the provision of assistance or benefits to an applicant is not denied or otherwise adversely affected because of the failure of the applicant to provide any of the data collected under paragraph 7#a74 7#h7 ,protection of data ,the ,commissioner of ,social ,security shall ensure 7through the promulgation of regulations or otherwise7 that all data collected pursuant to subsection 7a7 is protected-- 7,a7 under the same privacy protections as the ,secretary applies to health data under the regulations promulgated under section #bfd7;c7 of the ,health ,insurance ,portability and ,accountability ,act of #aiif 7relating to the privacy of individually identifiable health information and other protections72 and 7,b7 from all inappropriate internal use by any entity that collects1 stores1 or receives the data1 including use of such data in determinations of eligibility 7or continued eligibility7 in health plans1 and from other inappropriate uses1 as defined by the ,secretary4 7b7 ,rule of construction ,nothing in this section shall be construed to permit the use of information collected under this section in a manner that would adversely affect any individual providing any such information4 7c7 ,technical assistance ,the ,secretary may1 either directly or by grant or contract1 provide technical assistance to enable any entity to comply with the requirements of this section or with regulations implementing this section4 7d7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section #ejj million for #bjbb and #ajj million for each fiscal year thereafter4 4 #cagajg4 ,revision of ,,hipaa claims standards 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services shall revise the regulations promulgated under part ,c of title ,,xi of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;d et seq471 relating to the collection of data on race1 ethnicity1 and primary language in a health-related transaction1 to require-- 7#a7 the use1 at a minimum1 of standards for data collection on race1 ethnicity1 primary language1 disability1 sex1 sexual orientation1 gender identity1 and socioeconomic status developed under section #caja of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjjkk72 and 7#b7 in consultation with the ,office of the ,national ,coordinator for ,health ,information ,technology1 the designation of the appropriate racial1 ethnic1 primary language1 disability1 sex1 and other code sets as required for claims and enrollment data4 7b7 ,dissemination ,the ,secretary of ,health and ,human ,services shall disseminate the new standards developed under subsection 7a7 to all entities that are subject to the regulations described in such subsection and provide technical assistance with respect to the collection of the data involved4 7c7 ,compliance ,the ,secretary of ,health and ,human ,services shall require that entities comply with the new standards developed under subsection 7a7 not later than #b years after the final promulgation of such standards4 #cagajh4 ,disparities data collected by the ,federal ,government 7a7 ,repository of ,government data ,the ,secretary of ,health and ,human ,services1 in coordination with the departments1 agencies1 or offices described in subsection 7b71 shall establish a centralized electronic repository of ,government data on factors related to the health and well-being of the population of the ,united ,states4 7b7 ,collection2 submission ,not later than #ahj days after the date of the enactment of this ,act1 and ,january #ca of each year thereafter1 each department1 agency1 and office of the ,federal ,government that has collected data on race1 ethnicity1 sex1 primary language1 sexual orientation1 disability status1 gender identity1 age1 or socioeconomic status during the preceding calendar year shall submit such data to the repository of ,government data established under subsection 7a74 7c7 ,analysis2 public availability2 reporting ,not later than ,april #cj1 #bjbc1 and ,april #cj of each year thereafter1 the ,secretary of ,health and ,human ,services1 acting through the ,assistant ,secretary for ,planning and ,evaluation1 the ,assistant ,secretary for ,health1 the ,director of the ,agency for ,healthcare ,research and ,quality1 the ,director of the ,national ,center for ,health ,statistics1 the ,administrator of the ,centers for ,medicare ,medicaid ,services1 the ,director of the ,national ,institute on ,minority ,health and ,health ,disparities1 and the ,deputy ,assistant ,secretary for ,minority ,health1 shall-- 7#a7 prepare and make available datasets for public use that relate to disparities in health status1 health care access1 health care quality1 health outcomes1 public health1 and other areas of health and well-being by factors that include race1 ethnicity1 sex1 primary language1 sexual orientation1 disability status1 gender identity1 and socioeconomic status2 7#b7 ensure that these datasets are publicly identified on the repository established under subsection 7a7 as disparities data2 and 7#c7 submit a report to the ,congress on the availability and use of such data by public stakeholders4 #cagaji4 ,standards for measuring sexual orientation1 gender identity1 and socioeconomic status in collection of health data ,section #caja7;a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjjkk7a77 is amended-- 7#a7 in paragraph 7#a77;,a71 by inserting sexual orientation1 gender identity1 socioeconomic status1 before and disability status2 7#b7 in paragraph 7#a77;,c71 by inserting sexual orientation1 gender identity1 socioeconomic status1 before and disability status2 and 7#c7 in paragraph 7#b77;,b71 by inserting sexual orientation1 gender identity1 socioeconomic status1 before and disability status4 #cagaaj4 ,improving health data regarding ,native ,hawaiians and other ,pacific ,islanders ,part ,b of title ,,iii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdc et seq47 is amended by inserting after section #cag,u the following3 #cag,v4 ,native ,hawaiian and other ,pacific ,islander health data 7a7 ,definitions ,in this section3 7#a7 ,community group ,the term community group means a group of ,,nhopi who are organized at the community level1 and may include a church group1 social service group1 national advocacy organization1 or cultural group4 7#b7 ,nonprofit1 nongovernmental organization ,the term nonprofit1 nongovernmental organization means a group of ,,nhopi with a demonstrated history of addressing ,,nhopi issues1 including a ,,nhopi coalition4 7#c7 ,designated organization ,the term designated organization means an entity established to represent ,,nhopi populations and which has statutory responsibilities to provide1 or has community support for providing1 health care4 7#d7 ,government representatives of ,,nhopi populations ,the term government representatives of ,,nhopi populations means representatives from ,hawaii1 ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 the ,federated ,states of ,micronesia1 ,guam1 the ,republic of ,palau1 and the ,republic of the ,marshall ,islands4 7#e7 ,native ,hawaiians and other ,pacific ,islanders 7,,nhopi7 ,the term ,native ,hawaiians and ,other ,pacific ,islanders or ,,nhopi means people having origins in any of the original peoples of ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 the ,federated ,states of ,micronesia1 ,guam1 ,hawaii1 the ,republic of the ,marshall ,islands1 the ,republic of ,palau1 or any other ,pacific ,island4 7#f7 ,insular area ,the term insular area means ,guam1 the ,commonwealth of ,northern ,mariana ,islands1 ,american ,samoa1 the ,united ,states ,virgin ,islands1 the ,federated ,states of ,micronesia1 the ,republic of ,palau1 or the ,republic of the ,marshall ,islands4 7b7 ,national strategy 7#a7 ,in general ,the ,secretary1 acting through the ,director of the ,national ,center for ,health ,statistics 7referred to in this section as ,,nchs7 of the ,centers for ,disease ,control and ,prevention1 and other agencies within the ,department of ,health and ,human ,services as the ,secretary determines appropriate1 shall develop and implement an ongoing and sustainable national strategy for identifying and evaluating the health status and health care needs of ,,nhopi populations living in the continental ,united ,states1 ,hawaii1 ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 the ,federated ,states of ,micronesia1 ,guam1 the ,republic of ,palau1 and the ,republic of the ,marshall ,islands4 7#b7 ,consultation ,in developing and implementing a national strategy1 as described in paragraph 7#a71 not later than #ahj days after the date of enactment of the ,ending ,health ,disparities ,during ,,covid-#ai ,act of #bjba1 the ,secretary-- 7,a7 shall consult with representatives of community groups1 designated organizations1 and nonprofit1 nongovernmental organizations and with government representatives of ,,nhopi populations2 and 7,b7 may solicit the participation of representatives from other ,federal departments4 7c7 ,preliminary health survey 7#a7 ,in general ,the ,secretary1 acting through the ,director of ,,nchs1 shall conduct a preliminary health survey in order to identify the major areas and regions in the continental ,united ,states1 ,hawaii1 ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 the ,federated ,states of ,micronesia1 ,guam1 the ,republic of ,palau1 and the ,republic of the ,marshall ,islands in which ,,nhopi people reside4 7#b7 ,contents ,the health survey described in paragraph 7#a7 shall include health data and any other data the ,secretary determines to be-- 7,a7 useful in determining health status and health care needs2 or 7,b7 required for developing or implementing a national strategy4 7#c7 ,methodology ,methodology for the health survey described in paragraph 7#a71 including plans for designing questions1 implementation1 sampling1 and analysis1 shall be developed in consultation with community groups1 designated organizations1 nonprofit1 nongovernmental organizations1 and government representatives of ,,nhopi populations1 as determined by the ,secretary4 7#d7 ,timeframe ,the survey required under this subsection shall be completed not later than #ah months after the date of enactment of the ,ending ,health ,disparities ,during ,,covid-#ai ,act of #bjba4 7d7 ,progress report ,not later than #b years after the date of enactment of the ,ending ,health ,disparities ,during ,,covid-#ai ,act of #bjba1 the ,secretary shall submit to ,congress a progress report1 which shall include the national strategy described in subsection 7b77#a74 7e7 ,study and report by the ,health and ,medicine ,division 7#a7 ,in general ,the ,secretary shall enter into an agreement with the ,health and ,medicine ,division of the ,national ,academies of ,sciences1 ,engineering1 and ,medicine to conduct a study1 with input from stakeholders in insular areas1 on each of the following3 7,a7 ,the standards and definitions of health care applied to health care systems in insular areas and the appropriateness of such standards and definitions4 7,b7 ,the status and performance of health care systems in insular areas1 evaluated based upon standards and definitions1 as the ,secretary determines appropriate4 7,c7 ,the effectiveness of donor aid in addressing health care needs and priorities in insular areas4 7,d7 ,the progress toward implementation of recommendations of the ,committee on ,health ,care ,services in the ,united ,states--,associated ,pacific ,basin that are set forth in the #aiih report entitled ,pacific ,partnerships for ,health3 ,charting a ,new ,course4 7#b7 ,report ,an agreement described in paragraph 7#a7 shall require the ,health and ,medicine ,division to submit to the ,secretary and to ,congress1 not later than #b years after the date of the enactment of the ,ending ,health ,disparities ,during ,,covid-#ai ,act of #bjba1 a report containing a description of the results of the study conducted under paragraph 7#a71 including the conclusions and recommendations of the ,health and ,medicine ,division for each of the items described in subparagraphs 7,a7 through 7,d7 of such paragraph4 7f7 ,authorization of appropriations ,to carry out this section1 there are authorized to be appropriated such sums as may be necessary for fiscal years #bjbc through #bjbg4 4 ,b ,improvements and ,modernization #cagaba4 ,federal modernization for health inequities data 7a7 ,in general ,the ,secretary of ,health and ,human ,services shall work with covered agencies to support the modernization of data collection methods and infrastructure at such agencies for the purpose of increasing data collection related to health inequities1 such as racial1 ethnic 7including breakdowns of major ethnic groups and ,tribal affiliations within minority populations71 socioeconomic1 sex1 gender1 age1 geographic region1 primary written and spoken language1 sexual orientation1 occupation1 and disability status disparities4 7b7 ,covered agency defined ,in this section1 the term covered agency means each of the following ,federal agencies3 7#a7 ,the ,agency for ,healthcare ,research and ,quality4 7#b7 ,the ,centers for ,disease ,control and ,prevention4 7#c7 ,the ,centers for ,medicare ,medicaid ,services4 7#d7 ,the ,food and ,drug ,administration4 7#e7 ,the ,office of the ,national ,coordinator for ,health ,information ,technology4 7#f7 ,the ,national ,institutes of ,health4 7c7 ,authorization of appropriations ,there is authorized to be appropriated to each covered agency to carry out this section #d1jjj1jjj1 to remain available until expended4 #cagabb4 ,modernization of ,state and local health inequities data 7a7 ,in general ,not later than #f months after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services 7referred to in this section as the ,secretary71 acting through the ,director of the ,centers for ,disease ,control and ,prevention1 shall award grants to ,state1 local1 ,tribal1 and territorial health departments in order to support the modernization of data collection methods and infrastructure for the purposes of increasing data related to health inequities1 such as racial1 ethnic 7including breakdowns of major ethnic groups and ,tribal affiliations within minority populations71 socioeconomic1 sex1 gender1 age1 geographic region1 primary written and spoken language1 sexual orientation1 occupation1 and disability status disparities4 ,the ,secretary shall-- 7#a7 provide guidance1 technical assistance1 and information to grantees under this section on best practices regarding culturally competent1 accurate1 and increased data collection and transmission2 and 7#b7 track performance of grantees under this section to help improve their health inequities data collection by identifying gaps and taking effective steps to support ,states1 localities1 and territories in addressing the gaps4 7b7 ,report ,not later than #a year after the date on which the first grant is awarded under this section1 the ,secretary shall submit to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor and ,pensions of the ,senate an initial report detailing-- 7#a7 nationwide best practices for ensuring ,states and localities collect and transmit health inequities data2 7#b7 nationwide trends which hinder the collection and transmission of health inequities data2 7#c7 ,federal best practices for working with ,states and localities to ensure culturally competent1 accurate1 and increased data collection and transmission2 and 7#d7 any recommended changes to legislative or regulatory authority to help improve and increase health inequities data collection4 7c7 ,final report ,not later than ,december #ca1 #bjbe1 the ,secretary shall-- 7#a7 update and finalize the initial report under subsection 7b72 and 7#b7 submit such final report to the committees specified in such subsection4 7d7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #ajj1jjj1jjj1 to remain available until expended4 #cagabc4 ,additional reporting to ,congress on the race and ethnicity rates of ,,covid-#ai testing1 hospitalizations1 and mortalities 7a7 ,in general ,not later than ,august #a1 #bjbb1 the ,secretary of ,health and ,human ,services 7referred to in this section as the ,secretary7 shall submit to the ,committee on ,appropriations and the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,appropriations and the ,committee on ,health1 ,education1 ,labor and ,pensions of the ,senate an initial report-- 7#a7 describing the testing1 positive diagnoses1 hospitalization1 intensive care admissions1 and mortality rates associated with ,,covid-#ai1 disaggregated by race1 ethnicity 7including breakdowns of major ethnic groups and ,tribal affiliations within minority populations71 age1 sex1 gender1 geographic region1 primary written and spoken language1 disability status1 sexual orientation1 socioeconomic status1 occupation1 and other relevant factors as determined by the ,secretary2 7#b7 including an analysis of any variances of testing1 positive diagnoses1 hospitalizations1 and deaths by demographic characteristics2 and 7#c7 including proposals for evidenced-based response strategies to reduce disparities related to ,,covid-#ai4 7b7 ,final report ,not later than ,december #ca1 #bjbf1 the ,secretary shall-- 7#a7 update and finalize the initial report under subsection 7a72 and 7#b7 submit such final report to the committees specified in such subsection4 7c7 ,coordination ,in preparing the report submitted under this section1 the ,secretary shall take into account and otherwise coordinate such report with reporting required under section #ajc and under the heading ,department of ,health and ,human ,services--,office of the ,secretary--,public ,health and ,social ,service ,emergency ,fund in title ,i of division ,b of the ,paycheck ,protection ,program and ,health ,care ,enhancement ,act 7,public ,law #aaf-aci2 #acd ,stat4 #fbj1 #fbf74 #b ,equitable ,testing and ,tracing ,a ,free ,testing for ,patients #cagbja4 ,sooner coverage of testing for ,,covid-#ai ,section #fjja7;a7 of division ,f of the ,families ,first ,coronavirus ,response ,act 7#db ,u4,s4,c4 #acbj;b-#e note7 is amended by striking beginning on or after and inserting beginning before1 on1 or after4 ,b ,national ,testing ,strategy #cagbaa4 ,,covid-#ai testing strategy 7a7 ,strategy ,not later than ,june #ae1 #bjbb1 the ,secretary of ,health and ,human ,services 7referred to in this section as the ,secretary7 shall update the ,,covid-#ai strategic testing plan under the heading ,department of ,health and ,human ,services--,office of the ,secretary--,public ,health and ,social ,service ,emergency ,fund in title ,i of division ,b of the ,paycheck ,protection ,program and ,health ,care ,enhancement ,act 7,public ,law #aaf-aci1 #acd ,stat4 #fbj1 #fbf-fbg7 and submit to the appropriate congressional committees such updated national plan identifying-- 7#a7 what level of1 types of1 and approaches to testing 7including predicted numbers of tests1 populations to be tested1 and frequency of testing and the appropriate setting whether a health care setting 7such as hospital-based1 high-complexity laboratory1 point-of-care1 mobile testing units1 pharmacies or community health centers7 or non-health care setting 7such as workplaces1 schools1 or child care centers77 are necessary-- 7,a7 to sufficiently monitor and contribute to the control of the transmission of ,,sars-,co,v-#b in the ,united ,states2 7,b7 to ensure that any reduction in social distancing efforts1 when determined appropriate by public health officials1 can be undertaken in a manner that optimizes the health and safety of the people of the ,united ,states1 and reduces disparities 7including disparities related to race1 ethnicity1 sex1 age1 disability status1 socioeconomic status1 primary written and spoken language1 occupation1 and geographic location7 in the prevalence of1 incidence of1 and health outcomes with respect to1 ,,covid-#ai2 and 7,c7 to provide for ongoing surveillance sufficient to support contact tracing1 case identification1 quarantine1 and isolation to prevent future outbreaks of ,,covid-#ai2 7#b7 specific plans and benchmarks1 each with clear timelines1 to ensure-- 7,a7 such level of1 types of1 and approaches to testing as are described in paragraph 7#a71 with respect to optimizing health and safety2 7,b7 sufficient availability of all necessary testing materials and supplies1 including extraction and testing kits1 reagents1 transport media1 swabs1 instruments1 analysis equipment1 personal protective equipment if necessary for testing 7including point-of-care testing71 and other equipment2 7,c7 allocation of testing materials and supplies in a manner that optimizes public health1 including by considering the variable impact of ,,sars-,co,v-#b on specific ,states1 territories1 ,indian ,tribes1 ,tribal organizations1 urban ,indian organizations1 communities1 industries1 and professions2 7,d7 sufficient evidence of validation for tests that are deployed as a part of such strategy2 7,e7 sufficient laboratory and analytical capacity1 including target turnaround time for test results2 7,f7 sufficient personnel1 including personnel to collect testing samples1 conduct and analyze results1 and conduct testing follow-up1 including contact tracing1 as appropriate2 and 7,g7 enforcement of the ,families ,first ,coronavirus ,response ,act 7,public ,law #aaf-abg7 to ensure patients who are tested are not subject to cost sharing2 7#c7 specific plans to ensure adequate testing in rural areas1 frontier areas1 health professional shortage areas1 and medically underserved areas 7as defined in section #ccj;,i7a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bed;c-#ad7;a7771 and for underserved populations1 ,native ,americans 7including ,indian ,tribes1 ,tribal organizations1 and urban ,indian organizations71 and populations at increased risk related to ,,covid-#ai2 7#d7 specific plans to ensure accessibility of testing to people with disabilities1 older individuals1 individuals with limited ,english proficiency1 and individuals with underlying health conditions or weakened immune systems2 and 7#e7 specific plans for broadly developing and implementing testing for potential immunity in the ,united ,states1 as appropriate1 in a manner sufficient-- 7,a7 to monitor and contribute to the control of ,,sars-,co,v-#b in the ,united ,states2 7,b7 to ensure that any reduction in social distancing efforts1 when determined appropriate by public health officials1 can be undertaken in a manner that optimizes the health and safety of the people of the ,united ,states2 and 7,c7 to reduce disparities 7including disparities related to race1 ethnicity1 sex1 age1 disability status1 socioeconomic status1 primary written and spoken language1 occupation1 and geographic location7 in the prevalence of1 incidence of1 and health outcomes with respect to1 ,,covid-#ai4 7b7 ,coordination ,the ,secretary shall carry out this section-- 7#a7 in coordination with the ,administrator of the ,federal ,emergency ,management ,agency2 7#b7 in collaboration with other agencies and departments1 as appropriate2 and 7#c7 taking into consideration the ,state plans for ,,covid-#ai testing prepared as required under the heading ,department of ,health and ,human ,services--,office of the ,secretary--,public ,health and ,social ,service ,emergency ,fund in title ,i of division ,b of the ,paycheck ,protection ,program and ,health ,care ,enhancement ,act 7,public ,law #aaf-aci2 #acd ,stat4 #fbj1 #fbd74 7c7 ,updates 7#a7 ,frequency ,the updated national plan under subsection 7a7 shall be updated every #cj days until the end of the public health emergency first declared by the ,secretary under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d7 on ,january #ca1 #bjbb1 with respect to ,,covid-#ai4 7#b7 ,relation to other law ,paragraph 7#a7 applies in lieu of the requirement 7for updates every #ij days until funds are expended7 in the second to last proviso under the heading ,department of ,health and ,human ,services--,office of the ,secretary--,public ,health and ,social ,service ,emergency ,fund in title ,i of division ,b of the ,paycheck ,protection ,program and ,health ,care ,enhancement ,act 7,public ,law #aaf-aci2 #acd ,stat4 #fbj1 #fbg74 7d7 ,appropriate congressional committees ,in this section1 the term appropriate congressional committees means-- 7#a7 the ,committee on ,appropriations and the ,committee on ,energy and ,commerce of the ,house of ,representatives2 and 7#b7 the ,committee on ,appropriations and the ,committee on ,health1 ,education1 ,labor and ,pensions and of the ,senate4 #cagbab4 ,coronavirus immigrant families protection 7a7 ,definitions ,in this section3 7#a7 ,coronavirus public health emergency ,the term coronavirus public health emergency means-- 7,a7 an emergency involving ,federal primary responsibility determined to exist by the ,president under section #eja7;b7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaia7;b77 with respect to ,,covid-#ai or any other coronavirus with pandemic potential2 7,b7 an emergency declared by a ,federal official with respect to coronavirus 7as defined in section #ejf of the ,coronavirus ,preparedness and ,response ,supplemental ,appropriations ,act1 #bjbj 7,public ,law #aaf-abc772 7,c7 a national emergency declared by the ,president under the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afja et seq47 with respect to ,,covid-#ai or any other coronavirus with pandemic potential2 and 7,d7 a public health emergency declared by the ,secretary of ,health and ,human ,services pursuant to section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg7;d77 with respect to ,,covid-#ai or any other coronavirus with pandemic potential4 7#b7 ,coronavirus response law ,the term coronavirus response law means-- 7,a7 the ,coronavirus ,preparedness and ,response ,supplemental ,appropriations ,act1 #bjbj 7,public ,law #aaf-abc72 7,b7 the ,families ,first ,coronavirus ,response ,act 7,public ,law #aaf-abg72 7,c7 the ,coronavirus ,aid1 ,relief1 and ,economic ,security ,act 7,public ,law #aaf-acf72 and 7,d7 any subsequent law enacted as a response to a coronavirus public health emergency4 7#c7 ,,covid-#ai ,the term ,,covid-#ai means the ,coronavirus ,disease #bjai4 7#d7 ,enforcement action ,the term enforcement action means an apprehension1 an arrest1 a search1 an interview1 a request for identification1 or surveillance for the purposes of immigration enforcement4 7#e7 ,sensitive location ,the term sensitive location means all physical space located within #a1jjj feet of-- 7,a7 a medical treatment or health care facility1 including a hospital1 an office of a health care practitioner1 an accredited health clinic1 an alcohol or drug treatment center1 an emergent or urgent care facility1 and a community health center2 7,b7 a location at which emergency service providers distribute food or provide shelter2 7,c7 an organization that provides-- 7i7 disaster or emergency social services and assistance2 7ii7 services for individuals experiencing homelessness1 including food banks and shelters2 or 7iii7 assistance for children1 pregnant women1 victims of crime or abuse1 or individuals with significant mental or physical disabilities2 7,d7 a public assistance office1 including any ,federal1 ,state1 or municipal location at which individuals may apply for or receive unemployment compensation or report violations of labor and employment laws2 7,e7 a ,federal1 ,state1 or local courthouse1 including the office of the legal counsel or representative of an individual2 7,f7 a domestic violence shelter1 rape crisis center1 supervised visitation center1 family justice center1 or victim services provider2 7,g7 an office of the ,social ,security ,administration2 7,h7 a childcare facility or a school1 including a preschool1 primary school1 secondary school1 post-secondary school up to and including a college or university1 and any other institution of learning such as a vocational or trade school2 7,i7 a church1 synagogue1 mosque or any other institution of worship1 such as a building rented for the purpose of a religious service2 7,j7 the site of a funeral1 wedding1 or any other public religious ceremony2 7,k7 in the case of a jurisdiction in which a shelter-in-place order is in effect during a coronavirus public health emergency1 any business location considered to provide an essential service1 such as a pharmacy or a grocery store2 and 7,l7 any other location specified by the ,secretary of ,homeland ,security4 7b7 ,suspension of adverse immigration actions that deter immigrant communities from seeking health services in a public health emergency 7#a7 ,in general ,beginning on the date on which a coronavirus public health emergency is declared and ending on the date that is #fj days after the date on which the coronavirus public health emergency expires-- 7,a7 the ,secretary of ,homeland ,security1 the ,secretary of ,state1 and the ,attorney ,general shall not-- 7i7 implement the final rule of the ,department of ,homeland ,security entitled ,inadmissibility on ,public ,charge ,grounds 7#hd ,fed4 ,reg4 #dabib 7,august #ad1 #bjai772 7ii7 implement the interim final rule of the ,department of ,state entitled ,visas3 ,ineligibility ,based on ,public ,charge ,grounds 7#hd ,fed4 ,reg4 #ediif 7,october #aa1 #bjai772 7iii7 implement the proposed rule of the ,department of ,justice entitled ,inadmissibility on ,public ,charge ,grounds published in the ,fall #bjah ,uniform ,regulatory ,agenda2 7iv7 conduct any enforcement action against an individual at1 or in transit to or from1 a sensitive location unless the enforcement action is conducted pursuant to a valid judicial warrant2 7v7 detain or remove-- 7,i7 a survivor of domestic violence1 sexual assault1 or human trafficking1 or any other individual1 who has a pending application under section #aja7;a77#ae77,t71 #aja7;a77#ae77,u71 #ajf1 #bdj;,a7b77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77,t71 #aaja7;a77#ae77,u71 #aaje;a1 #abbi;b7b77#b77 or section #bdd7;a77#c7 of that ,act 7as in effect on ,march #ca1 #aiig72 or 7,,ii7 a ,,vawa self-petitioner described in section #aja7;a77#ea7 of that ,act 7#h ,u4,s4,c4 #aaja7;a77#ea77 who has a pending application for relief under-- 7aa7 a provision referred to in any of subparagraphs 7,a7 through 7,g7 of that section2 or 7bb7 section #aja7;a77#bg77;,j7 of that ,act 7#h ,u4,s4,c4 #aaja7;a77#bg77;,j772 and 7vi7 require an individual subject to supervision by ,u4,s4 ,immigration and ,customs ,enforcement to report in person4 7,b7 ,the ,attorney ,general shall conduct fully telephonic bond hearings and allow supporting documents to be faxed and emailed to the appropriate clerk4 7,c7 ,the ,secretary of ,homeland ,security1 to the extent practicable1 shall stipulate to bond determinations on written motions4 7#b7 ,use of benefits funded by coronavirus response law ,the ,secretary of ,homeland ,security1 the ,secretary of ,state1 and the ,attorney ,general shall not consider in any determination affecting the current or future immigration status of any individual the use of any benefit of any program or activity funded in whole or in part by amounts made available under a coronavirus response law4 7c7 ,access to ,,covid-#ai testing and treatment for all communities 7#a7 ,clarification regarding emergency services for certain individuals ,section #aijc7v77#b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;b7v77#b77 is amended by adding at the end the following flush sentence3 ,for purposes of subparagraph 7,a71 care and services described in such subparagraph include any in vitro diagnostic product described in section #aije7;a77#c77;,b7 that is administered during any portion of the emergency period described in such section beginning on or after the date of the enactment of this sentence 7and the administration of such product71 any ,,covid-#ai vaccine that is administered during any such portion 7and the administration of such vaccine71 any item or service that is furnished during any such portion for the treatment of ,,covid-#ai or a condition that may complicate the treatment of ,,covid-#ai1 and any services described in section #aiaf7;a77#b77;,g74 4 7#b7 ,emergency medicaid for individuals with suspected ,,covid-#ai infections ,section #aijc7v77#c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;b7v77#c77 is amended by striking means a and inserting means any concern that the individual may have contracted ,,covid-#ai or another44 7#c7 ,treatment of assistance and services provided ,for any period during which a coronavirus public health emergency is in effect-- 7,a7 the value of assistance or services provided to any person under a program with respect to which a coronavirus response law establishes or expands eligibility or benefits shall not be considered income or resources2 and 7,b7 7i7 any medical coverage or services shall be considered treatment for an emergency medical condition 7as defined in section #aijc7v77#c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;b7v77#c777 for any purpose under any ,federal1 ,state1 or local law1 including law relating to taxation1 welfare1 and public assistance programs2 7ii7 a participating ,state or political subdivision of a ,state shall not decrease any assistance otherwise provided to an individual because of the receipt of benefits under the ,social ,security ,act 7#db ,u4,s4,c4 #cja et seq472 and 7iii7 assistance and services described in this subparagraph shall be considered noncash disaster assistance1 notwithstanding the form in which the assistance and services are provided1 except that cash received by an individual or a household may be treated as income by any public benefit program under the rules applicable before the date of the enactment of this ,act4 7#d7 ,nondiscrimination ,no person shall be1 on the basis of actual or perceived immigration status1 excluded from participation in1 denied the benefits of1 or subject to discrimination under1 any program or activity funded in whole or in part by amounts made available under a coronavirus response law4 7d7 ,language access and public outreach for public health 7#a7 ,grants and cooperative agreements 7,a7 ,in general ,the ,director of the ,centers for ,disease ,control and ,prevention 7referred to in this subsection as the ,director7 shall provide grants to1 or enter into cooperative agreements with1 community-based organizations for the purpose of supporting culturally and linguistically appropriate preparedness1 response1 and recovery activities1 such as the development of educational programs and materials to promote screening1 testing1 treatment1 and public health practices4 7,b7 ,definition of community-based organization ,in this paragraph1 the term community-based organization means an entity that has established relationships with hard-to-reach populations1 including racial and ethnic minorities1 individuals with limited ,english proficiency1 and individuals with disabilities4 7#b7 ,translation 7,a7 ,in general ,the ,director shall provide for the translation of materials on awareness1 screening1 testing1 and treatment for ,,covid-#ai into the languages described in the language access plan of the ,federal ,emergency ,management ,agency dated ,october #a1 #bjaf1 as the languages most frequently encountered4 7,b7 ,public availability ,not later than #g days after the date on which the materials described in subparagraph 7,a7 are made available to the public in ,english1 the ,director shall ensure that the translations required by that subparagraph are made available to the public4 7#c7 ,hotline ,the ,director shall establish an informational hotline line that provides1 in the languages referred to in paragraph 7#b77;,a71 information to the public directly on ,,covid-#ai4 7#d7 ,interagency coordination ,with respect to individuals with limited ,english proficiency1 the ,director shall facilitate interagency coordination among agencies activated through the ,national ,response ,framework based on the language access standards established under the language access plans of the ,federal ,emergency ,management ,agency and the ,department of ,health and ,human ,services4 7#e7 ,authorization of appropriations 7,a7 ,in general ,there is authorized to be appropriated to carry out this subsection #ajj1jjj1jjj for fiscal year #bjbb1 to be available until expended4 7,b7 ,grants and cooperative agreements ,of the amount authorized to be appropriated under subparagraph 7,a71 not less than #ej1jjj1jjj shall be made available to carry out paragraph 7#a74 7e7 ,access to support measures for vulnerable communities 7#a7 ,disaster supplemental nutrition assistance program benefits ,the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaba et seq47 is amended-- 7,a7 in section #ajb7a7 7#db ,u4,s4,c4 #eabb7a771 by inserting or pandemic after catastrophe2 7,b7 in section #cja 7#db ,u4,s4,c4 #eada71 by inserting or an emergency due to a pandemic after major disaster each place the term appears2 7,c7 in section #dab 7#db ,u4,s4,c4 #eagi7-- 7i7 by inserting or an emergency due to a pandemic after major disaster each place the term appears2 7ii7 in subsection 7a71 by inserting without regard to regular allotments before and to make surplus2 and 7iii7 by adding at the end the following3 7d7 ,assistance during a pandemic ,in the case of an emergency due to a pandemic1 for purposes of providing benefits under this section1 the ,secretary of ,agriculture shall remove or delay the requirement of an in-person interview1 and if an interview occurs1 provide an alternative to the in-person interview requirement for all applicants4 ,assistance shall be provided based on need and not lost provisions4 7e7 ,authorization of appropriations ,there are authorized to be appropriated such sums as are necessary to carry out this section1 only if such sums are designated by ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ija7;b77#b77;,a77i774 2 and 7,d7 in section #ejb7;a7 7#db ,u4,s4,c4 #eaib7;a77-- 7i7 in paragraph 7#g71 by striking and at the end2 7ii7 in paragraph 7#h77;,b71 by striking the period at the end and inserting a semicolon2 and 7iii7 by adding at the end the following3 7#i7 provide assistance in accordance with section #dab4 4 7#b7 ,access to benefits using individual taxpayer identification number ,subsection 7g77#b77;,a7 of section #fdbh of the ,internal ,revenue ,code of #aihf1 as added by section #bbja of the ,coronavirus ,aid1 ,relief1 and ,economic ,security ,act 7,public ,law #aaf-acf71 is amended by inserting before the period at the end or a taxpayer identification number4 7#c7 ,extension of immigration status and employment authorization 7,a7 ,in general ,notwithstanding any other provision of law1 including the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq471 the ,secretary of ,homeland ,security shall automatically extend the immigration status and employment authorization1 as applicable1 of an alien described in subparagraph 7,b7 for the same period for which the status and employment authorization was initially granted4 7,b7 ,alien described ,an alien described in this subparagraph is an alien 7as defined in section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a777 whose immigration status1 including permanent1 temporary1 and deferred status1 or whose employment authorization-- 7i7 expired during the #cj-;day period preceding the date of the enactment of this ,act2 or 7ii7 will expire not later than-- 7,i7 one year after such date of enactment2 or 7,,ii7 #ij days after the date on which the national emergency declared by the ,president under the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afja et seq47 with respect to the ,coronavirus ,disease #bjai 7,,covid-#ai7 is rescinded4 7#d7 ,language access ,any agency receiving funding under a coronavirus response law shall ensure that all programs and opportunities made available to the general public provide translated materials describing the programs and opportunities into the languages described in the language access plan of the ,federal ,emergency ,management ,agency dated ,october #a1 #bjaf1 as the languages most frequently encountered4 #cagbac4 ,,ice detention 7a7 ,reviewing ,,ice detention ,during the public health emergency declared by the ,secretary of ,health and ,human ,services under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d7 with respect to ,,covid-#ai1 the ,secretary of ,homeland ,security shall review the immigration files of all individuals in the custody of ,u4,s4 ,immigration and ,customs ,enforcement to assess the need for continued detention4 ,the ,secretary of ,homeland ,security shall prioritize for release on recognizance or alternatives to detention individuals who are not subject to mandatory detention laws1 unless the individual is a threat to public safety or national security4 7b7 ,access to electronic communications and hygiene products ,during the period described in subsection 7c71 the ,secretary of ,homeland ,security shall ensure that-- 7#a7 all individuals in the custody of ,u4,s4 ,immigration and ,customs ,enforcement-- 7,a7 have access to telephonic or video communication at no cost to the detained individual2 7,b7 have access to free1 unmonitored telephone calls1 at any time1 to contact attorneys or legal service providers in a sufficiently private space to protect confidentiality2 7,c7 are permitted to receive legal correspondence by fax or email rather than postal mail2 and 7,d7 are provided sufficient soap1 hand sanitizer1 and other hygiene products2 and 7#b7 nonprofit organizations providing legal orientation programming or know-your-rights programming to individuals in the custody of ,u4,s4 ,immigration and ,customs ,enforcement are permitted broad and flexible access to such individuals-- 7,a7 to provide group presentations using remote videoconferencing2 and 7,b7 to schedule and provide individual orientations using free telephone calls or remote videoconferencing4 7c7 ,period described ,the period described in this subsection-- 7#a7 begins on the first day of the public health emergency declared by the ,secretary of ,health and ,human ,services under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d7 with respect to ,,covid-#ai2 and 7#b7 ends #ij days after the date on which such public health emergency terminates4 ,c ,contact ,tracing #cagbba4 ,,covid-#ai ,testing1 ,reaching1 ,and ,contacting ,everyone 7a7 ,in general ,the ,secretary of ,health and ,human ,services1 acting through the ,director of the ,centers for ,disease ,control and ,prevention1 may award grants to eligible entities to conduct diagnostic testing for ,,covid-#ai1 to trace and monitor the contacts of infected individuals1 and to support the quarantine of such contacts1 through-- 7#a7 mobile health units2 and 7#b7 as necessary1 testing individuals and providing individuals with services related to testing and quarantine at their residences4 7b7 ,permissible uses of funds ,a grant recipient under this section may use the grant funds1 in support of the activities described in subsection 7a7-- 7#a7 to hire1 train1 compensate1 and pay the expenses of individuals2 and 7#b7 to purchase personal protective equipment and other supplies4 7c7 ,priority ,in selecting grant recipients under this section1 the ,secretary shall give priority to-- 7#a7 applicants proposing to conduct activities funded under this section in hot spots and medically underserved communities2 and 7#b7 applicants that agree1 in hiring individuals to carry out activities funded under this section1 to hire residents of the area or community where the activities will primarily occur1 with higher priority among applicants described in this paragraph given based on the percentage of individuals to be hired from such area or community4 7d7 ,distribution ,in selecting grant recipients under this section1 the ,secretary shall ensure that grants are distributed across urban and rural areas4 7e7 ,federal privacy requirements ,nothing in this section shall be construed to supersede any ,federal privacy or confidentiality requirement1 including the regulations promulgated under section #bfd7;c7 of the ,health ,insurance ,portability and ,accountability ,act of #aiif 7,public ,law #ajd-aia2 #aaj ,stat4 #bjcc7 and section #edc of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;dd-#b74 7f7 ,definitions ,in this section3 7#a7 ,the term eligible entity means-- 7,a7 a ,federally qualified health center 7as defined in section #ahfa7;aa7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciex7aa7772 7,b7 a school-based health clinic2 7,c7 a disproportionate share hospital 7as defined under the applicable ,state plan under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq47 pursuant to section #aibc7;a77#a77;,a7 of such ,act 7#db ,u4,s4,c4 #acifr-#d772 7,d7 an academic medical center2 7,e7 a nonprofit organization 7including any such faith-based organization72 7,f7 an institution of higher education 7as defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja772 7,g7 a high school 7as defined in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja772 7,h7 any ,tribal organization including the ,indian ,health ,service and ,native ,american servicing facilities2 or 7,i7 any other type of entity that is determined by the ,secretary to be an eligible entity for purposes of this section4 7#b7 ,the term emergency period has the meaning given to that term in section #aace7;g77#a77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;b-#e7;g77#a77;,b774 7#c7 ,the term hot spot means a geographic area where the rate of infection with the virus that causes ,,covid-#ai exceeds the national average4 7#d7 ,the term medically underserved community has the meaning given to that term in section #gii;,b of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #biep74 7#e7 ,the term ,secretary means the ,secretary of ,health and ,human ,services4 7g7 ,authorization of appropriations ,to carry out this section1 there are authorized to be appropriated-- 7#a7 #ajj1jjj1jjj1jjj for fiscal year #bjbb2 and 7#b7 such sums as may be necessary for each of fiscal year #bjbb and any subsequent fiscal year during which the emergency period continues4 #cagbbb4 ,national system for ,,covid-#ai testing1 contact tracing1 surveillance1 containment1 and mitigation 7a7 ,in general ,the ,secretary of ,health and ,human ,services 7referred to in this section as the ,secretary71 acting through the ,director of the ,centers for ,disease ,control and ,prevention1 and in coordination with ,state1 local1 ,tribal1 and territorial health departments1 shall establish and implement a nationwide evidence-based system for-- 7#a7 testing1 contact tracing1 surveillance1 containment1 and mitigation with respect to ,,covid-#ai2 7#b7 offering guidance on voluntary isolation and quarantine of individuals infected with1 or exposed to individuals infected with1 the virus that causes ,,covid-#ai2 and 7#c7 public reporting on testing1 contact tracing1 surveillance1 and voluntary isolation and quarantine activities with respect to ,,covid-#ai4 7b7 ,coordination2 technical assistance ,in carrying out the national system under this section1 the ,secretary shall-- 7#a7 coordinate ,state1 local1 ,tribal1 and territorial activities related to testing1 contact tracing1 surveillance1 containment1 and mitigation with respect to ,,covid-#ai1 as appropriate2 and 7#b7 provide technical assistance for such activities1 as appropriate4 7c7 ,consideration ,in establishing and implementing the national system under this section1 the ,secretary shall take into consideration-- 7#a7 the ,state plans referred to in the heading ,public ,health and ,social ,services ,emergency ,fund in title ,i of division ,b of the ,paycheck ,protection ,program and ,health ,care ,enhancement ,act 7,public ,law #aaf-aci72 and 7#b7 the testing strategy submitted under section #cagbaa4 7d7 ,reporting ,the ,secretary shall-- 7#a7 not later than ,december #ca1 #bjba1 submit to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor and ,pensions a preliminary report on the effectiveness of the activities carried out pursuant to this subpart2 and 7#b7 not later than ,december #ba1 #bjbb1 submit to such committees a final report on such effectiveness4 #cagbbc4 ,grants 7a7 ,in general ,to implement the national system under section #cagbbb1 the ,secretary of ,health and ,human ,services 7referred to in this section as the ,secretary71 acting through the ,director of the ,centers for ,disease ,control and ,prevention1 shall1 subject to the availability of appropriations1 award grants to ,state1 local1 ,tribal1 and territorial health departments that seek grants under this section to carry out coordinated testing1 contact tracing1 surveillance1 containment1 and mitigation with respect to ,,covid-#ai1 including-- 7#a7 diagnostic and surveillance testing and reporting2 7#b7 community-based contact tracing efforts2 and 7#c7 policies related to voluntary isolation and quarantine of individuals infected with1 or exposed to individuals infected with1 the virus that causes ,,covid-#ai4 7b7 ,flexibility ,the ,secretary shall ensure that-- 7#a7 the grants under subsection 7a7 provide flexibility for ,state1 local1 ,tribal1 and territorial health departments to modify1 establish1 or maintain evidence-based systems2 and 7#b7 local health departments receive funding from ,state health departments or directly from the ,centers for ,disease ,control and ,prevention to contribute to such systems1 as appropriate4 7c7 ,allocations 7#a7 ,formula ,the ,secretary1 acting through the ,director of the ,centers for ,disease ,control and ,prevention1 shall allocate amounts made available pursuant to subsection 7a7 in accordance with a formula to be established by the ,secretary that provides a minimum level of funding to each ,state1 local1 ,tribal1 and territorial health department that seeks a grant under this section and allocates additional funding based on the following prioritization3 7,a7 ,the ,secretary shall give highest priority to applicants proposing to serve populations in one or more geographic regions with a high burden of ,,covid-#ai based on data provided by the ,centers for ,disease ,control and ,prevention1 or other sources as determined by the ,secretary4 7,b7 ,the ,secretary shall give second highest priority to applicants preparing for1 or currently working to mitigate1 a ,,covid-#ai surge in a geographic region that does not yet have a high number of reported cases of ,,covid-#ai based on data provided by the ,centers for ,disease ,control and ,prevention1 or other sources as determined by the ,secretary4 7,c7 ,the ,secretary shall give third highest priority to applicants proposing to serve high numbers of low-income and uninsured populations1 including medically underserved populations 7as defined in section #ccj7;b77#c7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bed;b7b77#c7771 health professional shortage areas 7as defined under section #ccb7;a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bed;e7a7771 racial and ethnic minorities1 or geographically diverse areas1 as determined by the ,secretary4 7#b7 ,notification ,not later than the date that is one week before first awarding grants under this section1 the ,secretary shall submit to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor and ,pensions of the ,senate a notification detailing the formula established under paragraph 7#a7 for allocating amounts made available pursuant to subsection 7a74 7d7 ,use of funds ,a ,state1 local1 ,tribal1 and territorial health department receiving a grant under this section shall1 to the extent possible1 use the grant funds for the following activities1 or other activities deemed appropriate by the ,director of the ,centers for ,disease ,control and ,prevention3 7#a7 ,testing ,to implement a coordinated testing system that-- 7,a7 leverages or modernizes existing testing infrastructure and capacity2 7,b7 is consistent with the updated testing strategy required under section #cagbaa2 7,c7 is coordinated with the ,state plan for ,,covid-#ai testing prepared as required under the heading ,department of ,health and ,human ,services--,office of the ,secretary--,public ,health and ,social ,service ,emergency ,fund in title ,i of division ,b of the ,paycheck ,protection ,program and ,health ,care ,enhancement ,act 7,public ,law #aaf-aci2 #acd ,stat4 #fbj1 #fbd72 7,d7 is informed by contact tracing and surveillance activities under this subpart2 7,e7 is informed by guidelines established by the ,centers for ,disease ,control and ,prevention for which populations should be tested2 7,f7 identifies how diagnostic and serological tests in such system shall be validated prior to use2 7,g7 identifies how diagnostic and serological tests and testing supplies will be distributed to implement such system2 7,h7 identifies specific strategies for ensuring testing capabilities and accessibility in medically underserved populations 7as defined in section #ccj7;b77#c7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bed;b7b77#c7771 health professional shortage areas 7as defined under section #ccb7;a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bed;e7a7771 racial and ethnic minority populations1 and geographically diverse areas1 as determined by the ,secretary2 7,i7 identifies how testing may be used1 and results may be reported1 in both health care settings 7such as hospitals1 laboratories for moderate or high-complexity testing1 pharmacies1 mobile testing units1 and community health centers7 and non-health care settings 7such as workplaces1 schools1 childcare centers1 or drive-throughs72 7,j7 allows for testing in sentinel surveillance programs1 as appropriate2 and 7,k7 supports the procurement and distribution of diagnostic and serological tests and testing supplies to meet the goals of the system4 7#b7 ,contact tracing ,to implement a coordinated contact tracing system that-- 7,a7 leverages or modernizes existing contact tracing systems and capabilities1 including community health workers1 health departments1 and ,federally qualified health centers2 7,b7 is able to investigate cases of ,,covid-#ai1 and help to identify other potential cases of ,,covid-#ai1 through tracing contacts of individuals with positive diagnoses2 7,c7 establishes culturally competent and multilingual strategies for contact tracing1 which may include consultation with and support for cultural or civic organizations with established ties to the community2 7,d7 provides individuals identified under the contact tracing program with information and support for containment or mitigation2 7,e7 enables ,state1 local1 ,tribal1 and territorial health departments to work with a nongovernmental1 community partner or partners and ,state and local workforce development systems 7as defined in section #c7fg7 of ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb7fg777 receiving grants under section #cagbbd7;b7 of this subtitle to hire and compensate a locally-sourced contact tracing workforce1 if necessary1 to supplement the public health workforce1 to-- 7i7 identify the number of contact tracers needed for the respective ,state1 locality1 territorial1 or ,tribal health department to identify all cases of ,,covid-#ai currently in the jurisdiction and those anticipated to emerge over the next #ah months in such jurisdiction2 7ii7 outline qualifications necessary for contact tracers2 7iii7 train the existing and newly hired public health workforce on best practices related to tracing close contacts of individuals diagnosed with ,,covid-#ai1 including the protection of individual privacy and cybersecurity protection2 and 7iv7 equip the public health workforce with tools and resources to enable a rapid response to new cases2 7,f7 identifies the level of contact tracing needed within the ,state1 locality1 territory1 or ,tribal area to contain and mitigate the transmission of ,,covid-#ai2 7,g7 establishes statewide mechanisms to integrate regular evaluation to the ,centers for ,disease ,control and ,prevention regarding contact tracing efforts1 makes such evaluation publicly available1 and to the extent possible provides for such evaluation at the county level2 and 7,h7 identifies specific strategies for ensuring contact tracing activities in medically underserved populations 7as defined in section #ccj7;b77#c7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bed;b7b77#c7771 health professional shortage areas 7as defined under section #ccb7;a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bed;e7a7771 racial and ethnic minority populations1 and geographically diverse areas1 as determined by the ,secretary4 7#c7 ,surveillance ,to strengthen the existing public health surveillance system that-- 7,a7 leverages or modernizes existing surveillance systems within the respective ,state1 local1 ,tribal1 or territorial health department and national surveillance systems2 7,b7 detects and identifies trends in ,,covid-#ai at the county level2 7,c7 evaluates ,state1 local1 ,tribal1 and territorial health departments in achieving surveillance capabilities with respect to ,,covid-#ai2 7,d7 integrates and improves disease surveillance and immunization tracking2 and 7,e7 identifies specific strategies for ensuring disease surveillance in medically underserved populations 7as defined in section #ccj7;b77#c7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bed;b7b77#c7771 health professional shortage areas 7as defined under section #ccb7;a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bed;e7a7771 racial and ethnic minority populations1 and geographically diverse areas1 as determined by the ,secretary4 7#d7 ,containment and mitigation ,to implement a coordinated containment and mitigation system that-- 7,a7 leverages or modernizes existing containment and mitigation strategies within the respective ,state1 local1 ,tribal1 or territorial governments and national containment and mitigation strategies2 7,b7 may provide for1 connect to1 and leverage existing social services and support for individuals who have been infected with or exposed to ,,covid-#ai and who are isolated or quarantined in their homes1 such as through-- 7i7 food assistance programs2 7ii7 guidance for household infection control2 7iii7 information and assistance with childcare services2 and 7iv7 information and assistance pertaining to support available under the ,,cares ,act 7,public ,law #aaf-acf7 and this subtitle2 7,c7 provides guidance on the establishment of safe1 high-quality1 facilities for the voluntary isolation of individuals infected with1 or quarantine of the contacts of individuals exposed to ,,covid-#ai1 where hospitalization is not required1 which facilities should-- 7i7 be prohibited from making inquiries relating to the citizenship status of an individual isolated or quarantined2 and 7ii7 be operated by a non-,federal1 community partner or partners that-- 7,i7 have previously established relationships in localities2 7,,ii7 work with local places of worship1 community centers1 medical facilities1 and schools to recruit local staff for such facilities2 and 7,,iii7 are fully integrated into ,state1 local1 ,tribal1 or territorial containment and mitigation efforts2 and 7,d7 identifies specific strategies for ensuring containment and mitigation activities in medically underserved populations 7as defined in section #ccj7;b77#c7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bed;b7b77#c7771 health professional shortage areas 7as defined under section #ccb7;a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bed;e7a7771 racial and ethnic minority populations1 and geographically diverse areas1 as determined by the ,secretary4 7e7 ,reporting ,the ,secretary shall facilitate mechanisms for timely1 standardized reporting by grantees under this section regarding implementation of the systems established under this section and coordinated processes with the reporting as required and under the heading ,department of ,health and ,human ,services--,office of the ,secretary--,public ,health and ,social ,service ,emergency ,fund in title ,i of division ,b of the ,paycheck ,protection ,program and ,health ,care ,enhancement ,act 7,public ,law #aaf-aci1 #acd ,stat4 #fbj71 including-- 7#a7 a summary of county or local health department level information from the ,states receiving funding1 and information from directly funded localities1 territories1 and ,tribal entities1 about the activities that will be undertaken using funding awarded under this section1 including subgrants2 7#b7 any anticipated shortages of required materials for testing for ,,covid-#ai under subsection 7a72 and 7#c7 other barriers in the prevention1 mitigation1 or treatment of ,,covid-#ai under this section4 7f7 ,public listing of awards ,the ,secretary shall-- 7#a7 not later than #g days after first awarding grants under this section1 post in a searchable1 electronic format a list of all awards made by the ,secretary under this section1 including the recipients and amounts of such awards2 and 7#b7 update such list not less than every #g days until all funds made available to carry out this section are expended4 #cagbbd4 ,grants to ,state and ,tribal workforce agencies 7a7 ,definitions ,in this section3 7#a7 ,in general ,except as otherwise provided1 the terms in this section have the meanings given the terms in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 7#b7 ,apprenticeship2 apprenticeship program ,the term apprenticeship or apprenticeship program means an apprenticeship program registered under the ,act of ,august #af1 #aicg 7commonly known as the ,national ,apprenticeship ,act7 7#ej ,stat4 #ffd1 chapter #ffc2 #bi ,u4,s4,c4 #ej et seq471 including any requirement1 standard1 or rule promulgated under such ,act1 as such requirement1 standard1 or rule was in effect on ,december #cj1 #bjai4 7#c7 ,contact tracing and related positions ,the term contact tracing and related positions means employment related to contact tracing1 surveillance1 containment1 and mitigation activities as described in paragraphs 7#b71 7#c71 and 7#d7 of section #cagbbc7;d74 7#d7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,state or territory1 including the ,district of ,columbia and ,puerto ,rico2 7,b7 an ,indian ,tribe1 ,tribal organization1 ,alaska ,native entity1 ,indian-controlled organizations serving ,indians1 or ,native ,hawaiian organizations2 7,c7 an outlying area2 or 7,d7 a local board1 if an eligible entity under subparagraphs 7,a7 through 7,c7 has not applied with respect to the area over which the local board has jurisdiction as of the date on which the local board submits an application under subsection 7c74 7#e7 ,eligible individual ,notwithstanding section #agj7;b77#b7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbbe7;b77#b771 the term eligible individual means an individual seeking or securing employment in contact tracing and related positions and served by an eligible entity or community-based organization receiving funding under this section4 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 7b7 ,grants 7#a7 ,in general ,subject to the availability of appropriations under subsection 7g71 the ,secretary shall award national dislocated worker grants under section #agj7;b77#a77;,b7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbbe7;b77#a77;,b77 to each eligible entity that seeks a grant to assist local boards and community-based organizations in carrying out activities under subsections 7f7 and 7d71 respectively1 for the following purposes3 7,a7 ,to support the recruitment1 placement1 and training1 as applicable1 of eligible individuals seeking employment in contact tracing and related positions in accordance with the national system for ,,covid-#ai testing1 contact tracing1 surveillance1 containment1 and mitigation established under section #cagbbb4 7,b7 ,to assist with the employment transition to new employment or education and training of individuals employed under this section in preparation for and upon termination of such employment4 7#b7 ,timeline ,the ,secretary of ,labor shall-- 7,a7 issue application requirements under subsection 7c7 not later than #aj days after the date of enactment of this section2 and 7,b7 award grants to an eligible entity under paragraph 7#a7 not later than #aj days after the date on which the ,secretary receives an application from such entity4 7c7 ,grant application ,an eligible entity applying for a grant under this section shall submit an application to the ,secretary1 at such time and in such form and manner as the ,secretary may reasonably require1 which shall include a description of-- 7#a7 how the eligible entity will support the recruitment1 placement1 and training1 as applicable1 of eligible individuals seeking employment in contact tracing and related positions by partnering with-- 7,a7 a ,state1 local1 ,tribal1 or territorial health department2 or 7,b7 one or more nonprofit or community-based organizations partnering with such health departments2 7#b7 how the activities described in paragraph 7#a7 will support ,state efforts to address the demand for contact tracing and related positions with respect to-- 7,a7 the ,state plans referred to in the heading ,public ,health and ,social ,services ,emergency ,fund in title ,i of division ,b of the ,paycheck ,protection ,program and ,health ,care ,enhancement ,act 7,public ,law #aaf-aci72 7,b7 the testing strategy submitted under section #cagbaa2 and 7,c7 the number of eligible individuals that the ,state plans to recruit and train under the plans and strategies described in subparagraphs 7,a7 and 7,b72 7#c7 the specific strategies for recruiting and placement of eligible individuals from or residing within the communities in which they will work1 including-- 7,a7 plans for the recruitment of eligible individuals to serve as contact tracers and related positions1 including dislocated workers1 individuals with barriers to employment1 veterans1 new entrants in the workforce1 or underemployed or furloughed workers1 who are from or reside in or near the local area in which they will serve1 and who1 to the extent practicable-- 7i7 have experience or a background in industry-sectors and occupations such as public health1 social services1 customer service1 case management1 or occupations that require related qualifications1 skills1 or competencies1 such as strong interpersonal and communication skills1 needed for contact tracing and related positions1 as described in section #cagbbc7;d77#b77;,e77ii72 or 7ii7 seek to transition to public health and public health related occupations upon the conclusion of employment in contact tracing and related positions2 and 7,b7 how such strategies will take into account the diversity of such community1 including racial1 ethnic1 socioeconomic1 linguistic1 or geographic diversity2 7#d7 the amount1 timing1 and mechanisms for distribution of funds provided to local boards or through subgrants as described in subsection 7d72 7#e7 for eligible entities described in subparagraphs 7,a7 through 7,c7 of subsection 7a77#d71 a description of how the eligible entity will ensure the equitable distribution of funds with respect to-- 7,a7 geography 7such as urban and rural distribution72 7,b7 medically underserved populations 7as defined in section #cc7;b77#c7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bed;b7b7772 7,c7 health professional shortage areas 7as defined under section #ccb7;a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bed;e7a7772 and 7,d7 the racial and ethnic diversity of the area2 and 7#f7 for eligible entities who are local boards1 a description of how a grant to such eligible entity would serve the equitable distribution of funds as described in paragraph 7#e74 7d7 ,subgrant authorization and application process 7#a7 ,in general ,an eligible entity may award a subgrant to one or more community-based organizations for the purposes of partnering with a ,state or local board to conduct outreach and education activities to inform potentially eligible individuals about employment opportunities in contact tracing and related positions4 7#b7 ,application ,a community-based organization shall submit an application at such time and in such manner as the eligible entity may reasonably require1 including-- 7,a7 a demonstration of the community-based organization's established expertise and effectiveness in community outreach in the local area that such organization plans to serve2 7,b7 a demonstration of the community-based organization's expertise in providing employment or public health information to the local areas in which such organization plans to serve2 and 7,c7 a description of the expertise of the community-based organization in utilizing culturally competent and multilingual strategies in the provision of services4 7e7 ,grant distribution 7#a7 ,federal distribution 7,a7 ,use of funds ,the ,secretary of ,labor shall use the funds appropriated to carry out this section as follows3 7i7 ,subject to clause 7ii71 the ,secretary shall distribute funds among eligible entities in accordance with a formula to be established by the ,secretary that provides a minimum level of funding to each eligible entity that seeks a grant under this section and allocates additional funding as follows3 7,i7 ,the formula shall give first priority based on the number and proportion of contact tracing and related positions that the ,state plans to recruit1 place1 and train individuals as a part of the ,state strategy described in subsection 7c77#b77;,a74 7,,ii7 ,subject to subclause 7,i71 the formula shall give priority in accordance with section #cagbbc7;c74 7ii7 ,not more than #b percent of the funding for administration of the grants and for providing technical assistance to recipients of funds under this section4 7,b7 ,equitable distribution ,if the geographic region served by one or more eligible entities overlaps1 the ,secretary shall distribute funds among such entities in such a manner that ensures equitable distribution with respect to the factors under subsection 7c77#e74 7#b7 ,eligible entity use of funds ,an eligible entity described in subparagraphs 7,a7 through 7,c7 of subsection 7a77#d7-- 7,a7 shall1 not later than #cj days after the date on which the entity receives grant funds under this section1 provide not less than #gj percent of grant funds to local boards for the purpose of carrying out activities in subsection 7f72 7,b7 may use up to #bj percent of such funds to make subgrants to community-based organizations in the service area to conduct outreach1 to potential eligible individuals1 as described in subsection 7d72 7,c7 in providing funds to local boards and awarding subgrants under this subsection shall ensure the equitable distribution with respect to the factors described in subsection 7c77#e72 and 7,d7 may use not more than #aj percent of the funds awarded under this section for the administrative costs of carrying out the grant and for providing technical assistance to local boards and community-based organizations4 7#c7 ,local board use of funds ,a local board1 or an eligible entity that is a local board1 shall use-- 7,a7 not less than #fj percent of the funds for recruitment and training for ,,covid-#ai testing1 contact tracing1 surveillance1 containment1 and mitigation established under section #cagbbb2 7,b7 not less than #cj of the funds to support the transition of individuals hired as contact tracers and related positions into an education or training program1 or unsubsidized employment upon completion of such positions2 and 7,c7 not more than #aj percent of the funds for administrative costs4 7f7 ,eligible activities ,the ,state or local boards shall use funds awarded under this section to support the recruitment and placement of eligible individuals1 training and employment transition as related to contact tracing and related positions1 and for the following activities3 7#a7 ,establishing or expanding partnerships with-- 7,a7 ,state1 local1 ,tribal1 and territorial public health departments2 7,b7 community-based health providers1 including community health centers and rural health clinics2 7,c7 labor organizations or joint labor management organizations2 7,d7 two-year and four-year institutions of higher education 7as defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja771 including institutions eligible to receive funds under section #cga7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7a772 and 7,e7 community action agencies or other community-based organizations serving local areas in which there is a demand for contact tracing and related positions4 7#b7 ,providing training for contact tracing and related positions in coordination with ,state1 local1 ,tribal1 or territorial health departments that is consistent with the ,state or territorial testing and contact tracing strategy1 and ensuring that eligible individuals receive compensation while participating in such training4 7#c7 ,providing eligible individuals with-- 7,a7 adequate and safe equipment1 environments1 and facilities for training and supervision1 as applicable2 7,b7 information regarding the wages and benefits related to contact tracing and related positions1 as compared to ,state1 local1 and national averages2 7,c7 supplies and equipment needed by the eligible individuals to support placement of an individual in contact tracing and related positions1 as applicable2 7,d7 an individualized employment plan for each eligible individual1 as applicable-- 7i7 in coordination with the entity employing the eligible individual in a contact tracing and related positions2 and 7ii7 which shall include providing a case manager to work with each eligible individual to develop the plan1 which may include-- 7,i7 identifying employment and career goals1 and setting appropriate achievement objectives to attain such goals2 and 7,,ii7 exploring career pathways that lead to in-demand industries and sectors1 including in public health and related occupations2 and 7,e7 services for the period during which the eligible individual is employed in a contact tracing and related position to ensure job retention1 which may include-- 7i7 supportive services throughout the term of employment2 7ii7 a continuation of skills training as related to employment in contact tracing and related positions1 that is conducted in collaboration with the employers of such individuals2 7iii7 mentorship services and job retention support for eligible individuals2 or 7iv7 targeted training for managers and workers working with eligible individuals 7such as mentors71 and human resource representatives2 7#d7 ,supporting the transition and placement in unsubsidized employment for eligible individuals serving in contact tracing and related positions after such positions are no longer necessary in the ,state or local area1 including-- 7,a7 any additional training and employment activities as described in section #agj7;d77#d7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbbe7;d77#d772 7,b7 developing the appropriate combination of services to enable the eligible individual to achieve the employment and career goals identified under paragraph 7#c77;,d77ii77,i72 and 7,c7 services to assist eligible individuals in maintaining employment for not less than #ab months after the completion of employment in contact tracing and related positions1 as appropriate4 7#e7 ,any other activities as described in subsections 7a77#c7 and 7b7 of section #acd of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd74 7g7 ,limitation ,notwithstanding section #agj7;d77#c77;,a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbbe7;d77#c77;,a771 a person may be employed in a contact tracing and related positions using funds under this section for a period not greater than #b years4 7h7 ,reporting by the ,department of ,labor 7#a7 ,in general ,not later than #abj days of the enactment of this ,act1 and once grant funds have been expended under this section1 the ,secretary shall report to the ,committee on ,education and ,labor of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor and ,pensions of the ,senate1 and make publicly available a report containing a description of-- 7,a7 the number of eligible individuals recruited1 hired1 and trained in contact tracing and related positions2 7,b7 the number of individuals successfully transitioned to unsubsidized employment or training at the completion of employment in contact tracing and related positions using funds under this subpart2 7,c7 the number of such individuals who were unemployed prior to being hired1 trained1 or deployed as described in paragraph 7#a72 7,d7 the performance of each program supported by funds under this subpart with respect to the indicators of performance under section #aaf of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cada71 as applicable2 7,e7 the number of individuals in unsubsidized employment within six months and #a year1 respectively1 of the conclusion of employment in contact tracing and related positions and1 of those1 the number of individuals within a ,state1 territorial1 or local public health department in an occupation related to public health2 7,f7 any information on how eligible entities1 local boards1 or community-based organizations that received funding under this subsection were able to support the goals of the national system for ,,covid-#ai testing1 contact tracing1 surveillance1 containment1 and mitigation established under section #cagbbb of this subtitle2 and 7,g7 best practices for improving and increasing the transition of individuals employed in contract tracing and related positions to unsubsidized employment4 7#b7 ,disaggregation ,all data reported under paragraph 7#a7 shall be disaggregated by race1 ethnicity1 sex1 age1 and1 with respect to individuals with barriers to employment1 subpopulation of such individuals1 except for when the number of participants in a category is insufficient to yield statistically reliable information or when the results would reveal personally identifiable information about an individual participant4 7i7 ,special rule ,any funds used for programs under this section that are used to fund an apprenticeship or apprenticeship program shall only be used for1 or provided to1 an apprenticeship or apprenticeship program that meets the definition of such term subsection 7a7 of this section1 including any funds awarded for the purposes of grants1 contracts1 or cooperative agreements1 or the development1 implementation1 or administration1 of an apprenticeship or an apprenticeship program4 7j7 ,information sharing requirement for ,,hhs ,the ,secretary of ,health and ,human ,services1 acting through the ,director of the ,centers for ,disease ,control and ,prevention1 shall provide the ,secretary of ,labor1 acting through the ,assistant ,secretary of the ,employment and ,training ,administration1 with information on grants under section #cagbbc1 including-- 7#a7 the formula used to award such grants to ,state1 local1 ,tribal1 and territorial health departments2 7#b7 the dollar amounts of and scope of the work funded under such grants2 7#c7 the geographic areas served by eligible entities that receive such grants2 and 7#d7 the number of contact tracers and related positions to be hired using such grants4 7k7 ,authorization of appropriations ,of the amounts appropriated to carry out this subpart1 #ejj1jjj1jjj shall be used by the ,secretary of ,labor to carry out subsections 7a7 through 7h7 of this section4 #c ,free ,treatment for ,all ,americans #cagcja4 ,coverage at no cost sharing of ,,covid-#ai vaccine and treatment 7a7 ,medicaid 7#a7 ,in general ,section #aije7;a77#d7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7a77#d77 is amended-- 7,a7 by striking and 7,d7 and inserting 7,d72 and 7,b7 by striking the semicolon at the end and inserting 2 7,e7 during the portion of the emergency period described in paragraph 7#a77;,b7 of section #aace7;g7 beginning on the date of the enactment of ,the ,heroes ,act1 a ,,covid-#ai vaccine licensed under section #cea of the ,public ,health ,service ,act1 or approved or authorized under sections #eje or #efd of the ,federal ,food1 ,drug1 and ,cosmetic ,act1 and administration of the vaccine2 and 7,f7 during such portion of the emergency period described in paragraph 7#a77;,b7 of section #aace7;g71 items or services for the prevention or treatment of ,,covid-#ai1 including drugs approved or authorized under such section #eje or such section #efd or1 without regard to the requirements of section #aijb7;a77#aj77;,b7 7relating to comparability71 in the case of an individual who is diagnosed with or presumed to have ,,covid-#ai1 during such portion of such emergency period during which such individual is infected 7or presumed infected7 with ,,covid-#ai1 the treatment of a condition that may complicate the treatment of ,,covid-#ai24 7#b7 ,prohibition of cost sharing 7,a7 ,in general ,subsections 7a77#b7 and 7b77#b7 of section #aiaf of the ,social ,security ,act 7#db ,u4,s4,c4 #acifo7 are each amended-- 7i7 in subparagraph 7,f71 by striking or at the end2 7ii7 in subparagraph 7,g71 by striking 2 and and inserting 22 and 7iii7 by adding at the end the following subparagraphs3 7,h7 during the portion of the emergency period described in paragraph 7#a77;,b7 of section #aace7;g7 beginning on the date of the enactment of this subparagraph1 a ,,covid-#ai vaccine licensed under section #cea of the ,public ,health ,service ,act1 or approved or authorized under section #eje or #efd of the ,federal ,food1 ,drug1 and ,cosmetic ,act1 and the administration of such vaccine2 or 7,i7 during such portion of the emergency period described in paragraph 7#a77;,b7 of section #aace7;g71 any item or service furnished for the treatment of ,,covid-#ai1 including drugs approved or authorized under such section #eje or such section #efd or1 in the case of an individual who is diagnosed with or presumed to have ,,covid-#ai1 during the portion of such emergency period during which such individual is infected 7or presumed infected7 with ,,covid-#ai1 the treatment of a condition that may complicate the treatment of ,,covid-#ai2 and 4 7,b7 ,application to alternative cost sharing ,section #aiaf;,a7b77#c77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifo-#a7;b77#c77;,b77 is amended-- 7i7 in clause 7xi71 by striking any visit and inserting any service2 and 7ii7 by adding at the end the following clauses3 7xii7 ,during the portion of the emergency period described in paragraph 7#a77;,b7 of section #aace7;g7 beginning on the date of the enactment of this clause1 a ,,covid-#ai vaccine licensed under section #cea of the ,public ,health ,service ,act1 or approved or authorized under section #eje or #efd of the ,federal ,food1 ,drug1 and ,cosmetic ,act1 and the administration of such vaccine4 7xiii7 ,during such portion of the emergency period described in paragraph 7#a77;,b7 of section #aace7;g71 an item or service furnished for the treatment of ,,covid-#ai1 including drugs approved or authorized under such section #eje or such section #efd or1 in the case of an individual who is diagnosed with or presumed to have ,,covid-#ai1 during such portion of such emergency period during which such individual is infected 7or presumed infected7 with ,,covid-#ai1 the treatment of a condition that may complicate the treatment of ,,covid-#ai4 4 7,c7 ,clarification ,the amendments made by this subsection shall apply with respect to a ,state plan of a territory in the same manner as a ,state plan of one of the #ej ,states4 7b7 ,state pediatric vaccine distribution program ,section #aibh of the ,social ,security ,act 7#db ,u4,s4,c4 #acifs7 is amended-- 7#a7 in subsection 7a77#a7-- 7,a7 in subparagraph 7,a71 by striking 2 and and inserting a semicolon2 7,b7 in subparagraph 7,b71 by striking the period and inserting 2 and2 and 7,c7 by adding at the end the following subparagraph3 7,c7 during the portion of the emergency period described in paragraph 7#a77;,b7 of section #aace7;g7 beginning on the date of the enactment of this subparagraph1 each vaccine-eligible child 7as defined in subsection 7b77 is entitled to receive a ,,covid-#ai vaccine from a program-registered provider 7as defined in subsection 7h77#g77 without charge for-- 7i7 the cost of such vaccine2 or 7ii7 the administration of such vaccine4 2 7#b7 in subsection 7c77#b7-- 7,a7 in subparagraph 7,c77ii71 by inserting 1 but1 during the portion of the emergency period described in paragraph 7#a77;,b7 of section #aace7;g7 beginning on the date of the enactment of ,the ,heroes ,act1 may not impose a fee for the administration of a ,,covid-#ai vaccine before the period2 and 7,b7 by adding at the end the following subparagraph3 7,d7 ,the provider will provide and administer an approved ,,covid-#ai vaccine to a vaccine-eligible child in accordance with the same requirements as apply under the preceding subparagraphs to the provision and administration of a qualified pediatric vaccine to such a child4 2 and 7#c7 in subsection 7d77#a71 in the first sentence1 by inserting 1 including1 during the portion of the emergency period described in paragraph 7#a77;,b7 of section #aace7;g7 beginning on the date of the enactment of ,the ,heroes ,act1 with respect to a ,,covid-#ai vaccine licensed under section #cea of the ,public ,health ,service ,act1 or approved or authorized under section #eje or #efd of the ,federal ,food1 ,drug1 and ,cosmetic ,act before the period4 7c7 ,,chip 7#a7 ,in general ,section #bajc7;c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;cc7c77 is amended by adding at the end the following paragraph3 7#aa7 ,coverage of ,,covid-#ai vaccines and treatment ,regardless of the type of coverage elected by a ,state under subsection 7a71 child health assistance provided under such coverage for targeted low-income children and1 in the case that the ,state elects to provide pregnancy-related assistance under such coverage pursuant to section #baab1 such pregnancy-related assistance for targeted low-income pregnant women 7as defined in section #baab7;d77 shall include coverage1 during the portion of the emergency period described in paragraph 7#a77;,b7 of section #aace7;g7 beginning on the date of the enactment of this paragraph1 of-- 7,a7 a ,,covid-#ai vaccine licensed under section #cea of the ,public ,health ,service ,act1 or approved or authorized under section #eje or #efd of the ,federal ,food1 ,drug1 and ,cosmetic ,act1 and the administration of such vaccine2 and 7,b7 any item or service furnished for the treatment of ,,covid-#ai1 including drugs approved or authorized under such section #eje or such section #efd1 or1 in the case of an individual who is diagnosed with or presumed to have ,,covid-#ai1 during the portion of such emergency period during which such individual is infected 7or presumed infected7 with ,,covid-#ai1 the treatment of a condition that may complicate the treatment of ,,covid-#ai4 4 7#b7 ,prohibition of cost sharing ,section #bajc7;e77#b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;cc7e77#b771 as amended by section #fjjd7;b77#c7 of the ,families ,first ,coronavirus ,response ,act1 is amended-- 7,a7 in the paragraph header1 by inserting a ,,covid-#ai vaccine1 ,,covid-#ai treatment1 before or pregnancy-related assistance2 and 7,b7 by striking visits described in section #aiaf7;a77#b77;,g71 or and inserting services described in section #aiaf7;a77#b77;,g71 vaccines described in section #aiaf7;a77#b77;,h7 administered during the portion of the emergency period described in paragraph 7#a77;,b7 of section #aace7;g7 beginning on the date of the enactment of ,the ,heroes ,act1 items or services described in section #aiaf7;a77#b77;,i7 furnished during such emergency period1 or4 7d7 ,conforming amendments ,section #aicg of the ,social ,security ,act 7#db ,u4,s4,c4 #acifu-#g7 is amended-- 7#a7 in subsection 7a77#a77;,b71 by inserting 1 under subclause 7,,xxiii7 of section #aijb7;a77#aj77;,a77ii71 after section #aijb7;a77#aj77;,a77i72 and 7#b7 in subsection 7b77#e71 by adding before the period the following3 1 and1 effective on the date of the enactment of ,the ,heroes ,act1 must comply with subparagraphs 7,f7 through 7,i7 of subsections 7a77#b7 and 7b77#b7 of section #aiaf and subsection 7b77#c77;,b7 of section #aiaf;,a4 7e7 ,effective date ,the amendments made by this section shall take effect on the date of enactment of this ,act and shall apply with respect to a ,,covid-#ai vaccine beginning on the date that such vaccine is licensed under section #cea of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bfb71 or approved or authorized under section #eje or #efd of the ,federal ,food1 ,drug1 and ,cosmetic ,act4 #cagcjb4 ,optional coverage at no cost sharing of ,,covid-#ai treatment and vaccines under ,medicaid for uninsured individuals 7a7 ,in general ,section #aijb7;a77#aj7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7a77#aj77 is amended1 in the matter following subparagraph 7,g71 by striking and any visit described in section #aiaf7;a77#b77;,g7 and inserting the following3 1 any ,,covid-#ai vaccine that is administered during any such portion 7and the administration of such vaccine71 any item or service that is furnished during any such portion for the treatment of ,,covid-#ai1 including drugs approved or authorized under section #eje or #efd of the ,federal ,food1 ,drug1 and ,cosmetic ,act1 or1 in the case of an individual who is diagnosed with or presumed to have ,,covid-#ai1 during the period such individual is infected 7or presumed infected7 with ,,covid-#ai1 the treatment of a condition that may complicate the treatment of ,,covid-#ai1 and any services described in section #aiaf7;a77#b77;,g74 7b7 ,definition of uninsured individual 7#a7 ,in general ,subsection 7ss7 of section #aijb of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7 is amended to read as follows3 7ss7 ,uninsured individual defined ,for purposes of this section1 the term uninsured individual means1 notwithstanding any other provision of this title1 any individual who is not covered by minimum essential coverage 7as defined in section #ejjj;,a7f77#a7 of the ,internal ,revenue ,code of #aihf74 4 7#b7 ,effective date ,the amendment made by paragraph 7#a7 shall take effect and apply as if included in the enactment of the ,families ,first ,coronavirus ,response ,act 7,public ,law #aaf-abg74 7c7 ,clarification regarding emergency services for certain individuals ,section #aijc7v77#b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;b7v77#b77 is amended by adding at the end the following flush sentence3 ,for purposes of subparagraph 7,a71 care and services described in such subparagraph include any in vitro diagnostic product described in section #aije7;a77#c77;,b7 7and the administration of such product71 any ,,covid-#ai vaccine 7and the administration of such vaccine71 any item or service that is furnished for the treatment of ,,covid-#ai1 including drugs approved or authorized under section #eje or #efd of the ,federal ,food1 ,drug1 and ,cosmetic ,act1 or a condition that may complicate the treatment of ,,covid-#ai1 and any services described in section #aiaf7;a77#b77;,g74 4 7d7 ,inclusion of ,,covid-#ai concern as an emergency condition ,section #aijc7v77#c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;b7v77#c77 is amended by adding at the end the following flush sentence3 ,such term includes any indication that an alien described in paragraph 7#a7 may have contracted ,,covid-#ai4 4 #cagcjc4 ,coverage of treatments for ,,covid-#ai at no cost sharing under the ,medicare ,advantage program 7a7 ,in general ,section #aheb7;a77#a77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#bb7;a77#a77;,b77 is amended by adding at the end the following new clause3 7vii7 ,special coverage rules for specified ,,covid-#ai treatment services ,notwithstanding clause 7i71 in the case of a specified ,,covid-#ai treatment service 7as defined in section #cjbja7;b7 of ,the ,heroes ,act7 that is furnished during a plan year occurring during any portion of the emergency period defined in section #aace7;g77#a77;,b7 beginning on or after the date of the enactment of this clause1 a ,medicare ,advantage plan may not1 with respect to such service1 impose-- 7,i7 any cost-sharing requirement 7including a deductible1 copayment1 or coinsurance requirement72 and 7,,ii7 in the case such service is a critical specified ,,covid-#ai treatment service 7including ventilator services and intensive care unit services71 any prior authorization or other utilization management requirement4 ,a ,medicare ,advantage plan may not take the application of this clause into account for purposes of a bid amount submitted by such plan under section #ahed7;a77#f74 4 7b7 ,implementation ,notwithstanding any other provision of law1 the ,secretary of ,health and ,human ,services may implement the amendments made by this section by program instruction or otherwise4 #cagcjd4 ,requiring coverage under ,medicare ,,pdps and ,,ma-,,pd plans1 without the imposition of cost sharing or utilization management requirements1 of drugs intended to treat ,,covid-#ai during certain emergencies 7a7 ,coverage requirement ,section #ahfj;,d-#d7;b77#c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#ajd7;b77#c77 is amended by adding at the end the following new subparagraph3 7,i7 ,required inclusion of drugs intended to treat ,,covid-#ai 7i7 ,in general ,notwithstanding any other provision of law1 a ,,pdp sponsor offering a prescription drug plan shall1 with respect to a plan year1 any portion of which occurs during the period described in clause 7ii71 be required to-- 7,i7 include in any formulary-- 7aa7 all covered part ,d drugs with a medically accepted indication 7as defined in section #ahfj;,d-#b7;e77#d77 to treat ,,covid-#ai that are marketed in the ,united ,states2 and 7bb7 all drugs authorized under section #efd or #efd;,a of the ,federal ,food1 ,drug1 and ,cosmetic ,act to treat ,,covid-#ai2 and 7,,ii7 not impose any prior authorization or other utilization management requirement with respect to such drugs described in item 7aa7 or 7bb7 of subclause 7,i7 7other than such a requirement that limits the quantity of drugs due to safety74 7ii7 ,period described ,for purposes of clause 7i71 the period described in this clause is the period during which there exists the public health emergency declared by the ,secretary pursuant to section #cai of the ,public ,health ,service ,act on ,january #ca1 #bjbj1 entitled ,determination that a ,public ,health ,emergency ,exists ,nationwide as the ,result of the #bjai ,novel ,coronavirus 7including any renewal of such declaration pursuant to such section74 4 7b7 ,elimination of cost sharing 7#a7 ,elimination of cost-sharing for drugs intended to treat ,,covid-#ai under standard and alternative prescription drug coverage ,section #ahfj;,d-#b of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#ajb7 is amended-- 7,a7 in subsection 7b7-- 7i7 in paragraph 7#a77;,a71 by striking ,the coverage and inserting ,subject to paragraph 7#h71 the coverage2 7ii7 in paragraph 7#b7-- 7,i7 in subparagraph 7,a71 by inserting after ,subject to subparagraphs 7,c7 and 7,d7 the following3 and paragraph 7#h72 7,,ii7 in subparagraph 7,c77i71 by striking paragraph 7#d7 and inserting paragraphs 7#d7 and 7#h72 and 7,,iii7 in subparagraph 7,d77i71 by striking paragraph 7#d7 and inserting paragraphs 7#d7 and 7#h72 7iii7 in paragraph 7#d77;,a77i71 by striking ,the coverage and inserting ,subject to paragraph 7#h71 the coverage2 and 7iv7 by adding at the end the following new paragraph3 7#h7 ,elimination of cost-sharing for drugs intended to treat ,,covid-#ai ,the coverage does not impose any deductible1 copayment1 coinsurance1 or other cost-sharing requirement for drugs described in section #ahfj;,d-#d7;b77#c77;,i77i77,i7 with respect to a plan year1 any portion of which occurs during the period during which there exists the public health emergency declared by the ,secretary pursuant to section #cai of the ,public ,health ,service ,act on ,january #ca1 #bjbj1 entitled ,determination that a ,public ,health ,emergency ,exists ,nationwide as the ,result of the #bjai ,novel ,coronavirus 7including any renewal of such declaration pursuant to such section74 2 and 7,b7 in subsection 7c71 by adding at the end the following new paragraph3 7#d7 ,same elimination of cost-sharing for drugs intended to treat ,,covid-#ai ,the coverage is in accordance with subsection 7b77#h74 4 7#b7 ,elimination of cost-sharing for drugs intended to treat ,,covid-#ai dispensed to individuals who are subsidy eligible individuals ,section #ahfj;,d-#ad7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#aad7;a77 is amended-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,d7-- 7,i7 in clause 7ii71 by striking ,in the case of and inserting ,subject to subparagraph 7,f71 in the case of2 and 7,,ii7 in clause 7iii71 by striking ,in the case of and inserting ,subject to subparagraph 7,f71 in the case of2 and 7ii7 by adding at the end the following new subparagraph3 7,f7 ,elimination of cost-sharing for drugs intended to treat ,,covid-#ai ,coverage that is in accordance with section #ahfj;,d-#b7;b77#h74 2 and 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,b71 by striking ,a reduction and inserting ,subject to subparagraph 7,f71 a reduction2 7ii7 in subparagraph 7,d71 by striking ,the substitution and inserting ,subject to subparagraph 7,f71 the substitution2 7iii7 in subparagraph 7,e71 by inserting after ,subject to the following3 subparagraph 7,f7 and2 and 7iv7 by adding at the end the following new subparagraph3 7,f7 ,elimination of cost-sharing for drugs intended to treat ,,covid-#ai ,coverage that is in accordance with section #ahfj;,d-#b7;b77#h74 4 7c7 ,implementation ,notwithstanding any other provision of law1 the ,secretary of ,health and ,human ,services may implement the amendments made by this section by program instruction or otherwise4 #cagcje4 ,coverage of ,,covid-#ai related treatment at no cost sharing 7a7 ,in general ,a group health plan and a health insurance issuer offering group or individual health insurance coverage 7including a grandfathered health plan 7as defined in section #abea7;e7 of the ,patient ,protection and ,affordable ,care ,act77 shall provide coverage1 and shall not impose any cost sharing 7including deductibles1 copayments1 and coinsurance7 requirements1 for the following items and services furnished during any portion of the emergency period defined in paragraph 7#a77;,b7 of section #aace7;g7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;b-#e7;g77 beginning on or after the date of the enactment of this ,act3 7#a7 ,medically necessary items and services 7including in-person or telehealth visits in which such items and services are furnished7 that are furnished to an individual who has been diagnosed with 7or after provision of the items and services is diagnosed with7 ,,covid-#ai to treat or mitigate the effects of ,,covid-#ai4 7#b7 ,medically necessary items and services 7including in-person or telehealth visits in which such items and services are furnished7 that are furnished to an individual who is presumed to have ,,covid-#ai but is never diagnosed as such1 if the following conditions are met3 7,a7 ,such items and services are furnished to the individual to treat or mitigate the effects of ,,covid-#ai or to mitigate the impact of ,,covid-#ai on society4 7,b7 ,health care providers have taken appropriate steps under the circumstances to make a diagnosis1 or confirm whether a diagnosis was made1 with respect to such individual1 for ,,covid-#ai1 if possible4 7b7 ,items and services related to ,,covid-#ai ,for purposes of this section-- 7#a7 not later than one week after the date of the enactment of this section1 the ,secretary of ,health and ,human ,services1 ,secretary of ,labor1 and ,secretary of the ,treasury shall jointly issue guidance specifying applicable diagnoses and medically necessary items and services related to ,,covid-#ai2 and 7#b7 such items and services shall include all items or services that are relevant to the treatment or mitigation of ,,covid-#ai1 regardless of whether such items or services are ordinarily covered under the terms of a group health plan or group or individual health insurance coverage offered by a health insurance issuer4 7c7 ,enforcement 7#a7 ,application with respect to ,,phsa1 ,,erisa1 and ,,irc ,the provisions of this section shall be applied by the ,secretary of ,health and ,human ,services1 ,secretary of ,labor1 and ,secretary of the ,treasury to group health plans and health insurance issuers offering group or individual health insurance coverage as if included in the provisions of part ,a of title ,,xxvii of the ,public ,health ,service ,act1 part #g of the ,employee ,retirement ,income ,security ,act of #aigd1 and subchapter ,b of chapter #ajj of the ,internal ,revenue ,code of #aihf1 as applicable4 7#b7 ,private right of action ,an individual with respect to whom an action is taken by a group health plan or health insurance issuer offering group or individual health insurance coverage in violation of subsection 7a7 may commence a civil action against the plan or issuer for appropriate relief4 ,the previous sentence shall not be construed as limiting any enforcement mechanism otherwise applicable pursuant to paragraph 7#a74 7d7 ,implementation ,the ,secretary of ,health and ,human ,services1 ,secretary of ,labor1 and ,secretary of the ,treasury may implement the provisions of this section through sub-regulatory guidance1 program instruction or otherwise4 7e7 ,terms ,the terms group health plan2 health insurance issuer2 group health insurance coverage1 and individual health insurance coverage have the meanings given such terms in section #bgia of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg-#ia71 section #gcc of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #aaia;b71 and section #ihcb of the ,internal ,revenue ,code of #aihf1 as applicable4 #cagcjf4 ,reimbursement for additional health services relating to coronavirus ,title ,v of division ,a of the ,families ,first ,coronavirus ,response ,act 7,public ,law #aaf-abg7 is amended under the heading ,department of ,health and ,human ,services--,office of the ,secretary--,public ,health and ,social ,services ,emergency ,fund by inserting 1 or treatment related to ,,sars-,co,v-#b or ,,covid-#ai for uninsured individuals after or visits described in paragraph 7#b7 of such section for uninsured individuals4 #d ,federal ,health ,equity ,oversight #cagdja4 ,,covid-#ai ,racial and ,ethnic ,disparities ,task ,force ,act of #bjbj 7a7 ,in general ,the ,secretary of ,health and ,human ,services 7referred to in this section as the ,secretary7 shall establish an interagency task force1 to be known as the ,,covid-#ai ,racial and ,ethnic ,disparities ,task ,force 7referred to in this section as the task force71 to gather data about disproportionately affected communities and provide recommendations to combat the racial and ethnic disparities in the ,,covid-#ai response throughout the ,united ,states and in response to future public health crises4 7b7 ,membership ,the task force shall be composed of the following3 7#a7 ,the ,secretary of ,health and ,human ,services4 7#b7 ,the ,assistant ,secretary for ,planning and ,evaluation of the ,department of ,health and ,human ,services4 7#c7 ,the ,assistant ,secretary for ,preparedness and ,response of the ,department of ,health and ,human ,services4 7#d7 ,the ,director of the ,centers for ,disease ,control and ,prevention4 7#e7 ,the ,director of the ,national ,institutes of ,health4 7#f7 ,the ,commissioner of ,food and ,drugs4 7#g7 ,the ,administrator of the ,federal ,emergency ,management ,agency4 7#h7 ,the ,director of the ,national ,institute on ,minority ,health and ,health ,disparities4 7#i7 ,the ,director of the ,indian ,health ,service4 7#aj7 ,the ,administrator of the ,centers for ,medicare ,medicaid ,services4 7#aa7 ,the ,director of the ,agency for ,healthcare ,research and ,quality4 7#ab7 ,the ,surgeon ,general4 7#ac7 ,the ,administrator of the ,health ,resources and ,services ,administration4 7#ad7 ,the ,director of the ,office of ,minority ,health4 7#ae7 ,the ,secretary of ,housing and ,urban ,development4 7#af7 ,the ,secretary of ,education4 7#ag7 ,the ,secretary of ,labor4 7#ah7 ,the ,secretary of ,defense4 7#ai7 ,the ,secretary of ,transportation4 7#bj7 ,the ,secretary of the ,treasury4 7#ba7 ,the ,administrator of the ,small ,business ,administration4 7#bb7 ,the ,administrator of the ,environmental ,protection ,agency4 7#bc7 ,five health care professionals with expertise in addressing racial and ethnic disparities1 with at least one representative from a rural area1 to be appointed by the ,secretary4 7#bd7 ,five policy experts specializing in addressing racial and ethnic disparities in education or racial and ethnic economic inequality to be appointed by the ,secretary4 7#be7 ,six representatives from community-based organizations specializing in providing culturally competent care or services and addressing racial and ethnic disparities1 to be appointed by the ,secretary1 with at least one representative from an urban ,indian organization and one representative from a national organization that represents ,tribal governments with expertise in ,tribal public health4 7#bf7 ,six ,state1 local1 territorial1 or ,tribal public health officials representing departments of public health1 who shall represent jurisdictions from different regions of the ,united ,states with relatively high concentrations of historically marginalized populations1 to be appointed by the ,secretary1 with at least one territorial representative and one representative of a ,tribal public health department4 7c7 ,administrative provisions 7#a7 ,appointment of non-government members ,notwithstanding any other provision of law1 the ,secretary shall appoint all non-government members of the task force within #cj days of the date enactment of this section4 7#b7 ,chairperson ,the ,secretary shall serve as the chairperson of the task force4 ,the ,director of the ,office of ,minority ,health shall serve as the vice chairperson4 7#c7 ,staff ,the task force shall have #aj full-time staff members4 7#d7 ,meetings ,not later than #de days after the date of enactment of this section1 the full task force shall have its first meeting4 ,the task force shall convene at least once a month thereafter4 7#e7 ,subcommittees ,the chairperson and vice chairperson of the task force are authorized to establish subcommittees to consider specific issues related to the broader mission of addressing racial and ethnic disparities4 7d7 ,federal ,emergency ,management ,agency ,resource ,allocation ,reporting and ,recommendations 7#a7 ,weekly reports ,not later than #g days after the task force first meets1 and weekly thereafter1 the task force shall submit to ,congress and the ,federal ,emergency ,management ,agency a report that includes-- 7,a7 a description of ,,covid-#ai patient outcomes1 including cases1 hospitalizations1 patients on ventilation1 and mortality1 disaggregated by race and ethnicity 7where such data is missing1 the task force shall utilize appropriate authorities to improve data collection72 7,b7 the identification of communities that lack resources to combat the ,,covid-#ai pandemic1 including personal protective equipment1 ventilators1 hospital beds1 testing kits1 testing supplies1 vaccinations 7when available71 resources to conduct surveillance and contact tracing1 funding1 staffing1 and other resources the task force deems essential as needs arise2 7,c7 the identification of communities where racial and ethnic disparities in ,,covid-#ai infection1 hospitalization1 and death rates are out of proportion to the community's population by a certain threshold1 to be determined by the task force based on available public health data2 7,d7 recommendations about how to best allocate critical ,,covid-#ai resources to-- 7i7 communities with disproportionately high ,,covid-#ai infection1 hospitalization1 and death rates2 and 7ii7 communities identified in subparagraph 7,c72 7,e7 with respect to communities that are able to reduce racial and ethnic disparities effectively1 a description of best practices involved2 and 7,f7 an update with respect to the response of the ,federal ,emergency ,management ,agency to the task force's previous weeks' recommendations under this section4 7#b7 ,general consultation ,in submitting weekly reports and recommendations under this subsection1 the task force shall consult with and notify ,state1 local1 territorial1 and ,tribal officials and community-based organizations from communities identified as disproportionately impacted by ,,covid-#ai4 7#c7 ,consultation with indian tribes ,in submitting weekly reports and recommendations under this subsection1 the ,director of ,indian ,health ,service shall1 in coordination with the task force1 consult with ,indian ,tribes and ,tribal organizations that are disproportionately affected by ,,covid-#ai on a government to government basis to identify specific needs and recommendations4 7#d7 ,dissemination ,reports under this subsection shall be disseminated to all relevant stakeholders1 including ,state1 local1 territorial1 and ,tribal officials1 and public health departments4 7#e7 ,tribal data ,the task force1 in consultation with ,indian ,tribes and ,tribal organizations1 shall ensure that an ,indian ,tribe consents to any public reporting of health data4 7e7 ,,covid-#ai relief oversight and implementation reports ,not later than #ad days after the task force first meets1 and not later than every #ad days thereafter1 the task force shall submit to ,congress and the relevant ,federal agencies a report that includes-- 7#a7 an examination of funds distributed under ,,covid-#ai-related relief and stimulus laws 7enacted prior to and after the date of enactment of this ,act71 including the ,coronavirus ,preparedness and ,response ,emergency ,supplemental ,appropriations ,act1 #bjbj 7,public ,law #aaf-abc71 the ,families ,first ,coronavirus ,response ,act 7,public ,law #aaf-abg71 the ,coronavirus ,aid1 ,relief1 and ,economic ,security ,act 7,public ,law #aaf-acf71 and the ,paycheck ,protection ,program and ,health ,care ,enhancement ,act 7,public ,law #aaf-aci71 and how that distribution impacted racial and ethnic disparities with respect to the ,,covid-#ai pandemic2 and 7#b7 recommendations to relevant ,federal agencies about how to disburse any undisbursed funding from ,,covid-#ai-related relief and stimulus laws 7enacted prior to and after the date of enactment of this ,act71 including those laws described in paragraph 7#a71 to address racial and ethnic disparities with respect to the ,,covid-#ai pandemic1 including recommendations to-- 7,a7 the ,department of ,health and ,human ,services about disbursement of funds under the ,public ,health and ,social ,service ,emergency ,fund2 7,b7 the ,small ,business ,administration about disbursement of funds under the ,paycheck ,protection ,program and the ,economic ,injury ,disaster ,loan ,program2 and 7,c7 the ,department of ,education about disbursement of funds under the ,education ,stabilization ,fund4 7f7 ,final ,,covid-#ai reports ,not later than #ij days after the date on which the ,president declares the end of the ,,covid-#ai public health emergency first declared by the ,secretary on ,january #ca1 #bjbj1 the task force shall submit to ,congress a report that-- 7#a7 describes inequities within the health care system1 implicit bias1 structural racism1 and social determinants of health 7including housing1 nutrition1 education1 economic1 and environmental factors7 that contributed to racial and ethnic health disparities with respect to the ,,covid-#ai pandemic and how these factors contributed to such disparities2 7#b7 examines the initial ,federal response to the ,,covid-#ai pandemic and its impact on the racial and ethnic disparities in ,,covid-#ai infection1 hospitalization1 and death rates2 and 7#c7 contains recommendations to combat racial and ethnic disparities in future infectious disease responses1 including future ,,covid-#ai outbreaks4 7g7 ,sunset and successor task force 7#a7 ,sunset ,the task force shall terminate on the date that is #ij days after the date on which the ,president declares the end of the ,,covid-#ai public health emergency first declared by the ,secretary on ,january #ca1 #bjbj4 7#b7 ,successor ,upon the termination of the task force under paragraph 7#a71 the ,secretary shall establish a permanent ,infectious ,disease ,racial and ,ethnic ,disparities ,task ,force based on the membership1 convening1 and reporting requirements recommended by the task force in reports submitted under this section4 7h7 ,authorization of appropriations ,there is authorized to be appropriated1 such sums as may be necessary to carry out this section4 #cagdjb4 ,protection of the ,,hhs ,offices of ,minority ,health 7a7 ,in general ,pursuant to section #agjg;,a of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjju-#f;a71 the ,offices of ,minority ,health established within the ,centers for ,disease ,control and ,prevention1 the ,health ,resources and ,services ,administration1 the ,substance ,abuse and ,mental ,health ,services ,administration1 the ,agency for ,healthcare ,research and ,quality1 the ,food and ,drug ,administration1 and the ,centers for ,medicare ,medicaid ,services1 are offices that1 regardless of change in the structure of the ,department of ,health and ,human ,services1 shall report to the ,secretary of ,health and ,human ,services4 7b7 ,sense of ,congress ,it is the sense of the ,congress that any effort to eliminate or consolidate such ,offices of ,minority ,health undermines the progress achieved so far4 #cagdjc4 ,establish an interagency counsel and grant programs on social determinants of health 7a7 ,short title ,this section may be cited as the ,social ,determinants ,accelerator ,act of #bjbj4 7b7 ,findings2 purposes 7#a7 ,findings ,congress finds the following3 7,a7 ,there is a significant body of evidence showing that economic and social conditions have a powerful impact on individual and population health outcomes1 including health disparities associated with public health emergencies1 and well-being1 as well as medical costs4 7,b7 ,state1 local1 and ,tribal governments and the service delivery partners of such governments face significant challenges in coordinating benefits and services delivered through the ,medicaid program and other social services programs because of the fragmented and complex nature of ,federal and ,state funding and administrative requirements4 7,c7 ,the ,federal ,government should prioritize and proactively assist ,state and local governments to strengthen the capacity of ,state and local governments to improve health and social outcomes for individuals1 thereby improving cost-effectiveness and return on investment4 7#b7 ,purposes ,the purposes of this subtitle are as follows3 7,a7 ,to establish effective1 coordinated ,federal technical assistance to help ,state and local governments to improve outcomes and cost-effectiveness of1 and return on investment from1 health and social services programs4 7,b7 ,to build a pipeline of ,state and locally designed1 cross-sector interventions and strategies that generate rigorous evidence about how to improve health and social outcomes1 and increase the cost-effectiveness of1 and return on investment from1 ,federal1 ,state1 local1 and ,tribal health and social services programs4 7,c7 ,to enlist ,state and local governments and the service providers of such governments as partners in identifying ,federal statutory1 regulatory1 and administrative challenges in improving the health and social outcomes of1 cost-effectiveness of1 and return on investment from1 ,federal spending on individuals enrolled in ,medicaid4 7,d7 ,to develop strategies to improve health and social outcomes without denying services to1 or restricting the eligibility of1 vulnerable populations4 7c7 ,social determinants accelerator council 7#a7 ,establishment ,the ,secretary of ,health and ,human ,services 7referred to in this subtitle as the ,secretary71 in coordination with the ,administrator of the ,centers for ,medicare ,medicaid ,services 7referred to in this subtitle as the ,administrator71 shall establish an interagency council1 to be known as the ,social ,determinants ,accelerator ,interagency ,council 7referred to in this subtitle as the ,council7 to achieve the purposes listed in subsection 7b77#a74 7#b7 ,membership 7,a7 ,federal composition ,the ,council shall be composed of at least one designee from each of the following ,federal agencies3 7i7 ,the ,office of ,management and ,budget4 7ii7 ,the ,department of ,agriculture4 7iii7 ,the ,department of ,education4 7iv7 ,the ,indian ,health ,service4 7v7 ,the ,department of ,housing and ,urban ,development4 7vi7 ,the ,department of ,labor4 7vii7 ,the ,department of ,transportation4 7viii7 ,any other ,federal agency the ,chair of the ,council determines necessary4 7,b7 ,designation 7i7 ,in general ,the head of each agency specified in subparagraph 7,a7 shall designate at least one employee to serve as a member of the ,council4 7ii7 ,responsibilities ,an employee described in this clause shall be a senior employee of the agency-- 7,i7 whose responsibilities relate to authorities1 policies1 and procedures with respect to the health and well-being of individuals receiving medical assistance under a ,state plan 7or a waiver of such plan7 under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq472 or 7,,ii7 who has authority to implement and evaluate transformative initiatives that harness data or conducts rigorous evaluation to improve the impact and cost-effectiveness of federally funded services and benefits4 7,c7 ,,hhs representation ,in addition to the designees under subparagraph 7,a71 the ,council shall include designees from at least three agencies within the ,department of ,health and ,human ,services1 including the ,centers for ,medicare ,medicaid ,services1 at least one of whom shall meet the criteria under this section4 7,d7 ,,omb role ,the ,director of the ,office of ,management and ,budget shall facilitate the timely resolution of ,governmentwide and multiagency issues to help the ,council achieve consensus recommendations described under this section4 7,e7 ,non-,federal composition ,the ,comptroller ,general of the ,united ,states may designate up to #f ,council designees-- 7i7 who have relevant subject matter expertise1 including expertise implementing and evaluating transformative initiatives that harness data and conduct evaluations to improve the impact and cost-effectiveness of ,federal ,government services2 and 7ii7 that each represent-- 7,i7 ,state1 local1 and ,tribal health and human services agencies2 7,,ii7 public housing authorities or ,state housing finance agencies2 7,,iii7 ,state and local government budget offices2 7,,iv7 ,state ,medicaid agencies2 or 7,v7 national consumer advocacy organizations4 7,f7 ,chair 7i7 ,in general ,the ,secretary shall select the ,chair of the ,council from among the members of the ,council4 7ii7 ,initiating guidance ,the ,chair1 on behalf of the ,council1 shall identify and invite individuals from diverse entities to provide the ,council with advice and information pertaining to addressing social determinants of health1 including-- 7,i7 individuals from ,state and local government health and human services agencies2 7,,ii7 individuals from ,state ,medicaid agencies2 7,,iii7 individuals from ,state and local government budget offices2 7,,iv7 individuals from public housing authorities or ,state housing finance agencies2 7,v7 individuals from nonprofit organizations1 small businesses1 and philanthropic organizations2 7,,vi7 advocates2 7,,vii7 researchers2 and 7,,viii7 any other individuals the ,chair determines to be appropriate4 7#c7 ,duties ,the duties of the ,council are-- 7,a7 to make recommendations to the ,secretary and the ,administrator regarding the criteria for making awards under this section2 7,b7 to identify ,federal authorities and opportunities for use by ,states or local governments to improve coordination of funding and administration of ,federal programs1 the beneficiaries of whom include individuals1 and which may be unknown or underutilized and to make information on such authorities and opportunities publicly available2 7,c7 to provide targeted technical assistance to ,states developing a social determinants accelerator plan under this section1 including identifying potential statutory or regulatory pathways for implementation of the plan and assisting in identifying potential sources of funding to implement the plan2 7,d7 to report to ,congress annually on the subjects set forth in this section2 7,e7 to develop and disseminate evaluation guidelines and standards that can be used to reliably assess the impact of an intervention or approach that may be implemented pursuant to this subtitle on outcomes1 cost-effectiveness of1 and return on investment from ,federal1 ,state1 local1 and ,tribal governments1 and to facilitate technical assistance1 where needed1 to help to improve ,state and local evaluation designs and implementation2 7,f7 to seek feedback from ,state1 local1 and ,tribal governments1 including through an annual survey by an independent third party1 on how to improve the technical assistance the ,council provides to better equip ,state1 local1 and ,tribal governments to coordinate health and social service programs2 7,g7 to solicit applications for grants under this section2 and 7,h7 to coordinate with other cross-agency initiatives focused on improving the health and well-being of low-income and at-risk populations in order to prevent unnecessary duplication between agency initiatives4 7#d7 ,schedule ,not later than #fj days after the date of the enactment of this ,act1 the ,council shall convene to develop a schedule and plan for carrying out the duties described in this section1 including solicitation of applications for the grants under this section4 7#e7 ,report to ,congress ,the ,council shall submit an annual report to ,congress1 which shall include-- 7,a7 a list of the ,council members2 7,b7 activities and expenditures of the ,council2 7,c7 summaries of the interventions and approaches that will be supported by ,state1 local1 and ,tribal governments that received a grant under this section1 including-- 7i7 the best practices and evidence-based approaches such governments plan to employ to achieve the purposes listed in this section2 and 7ii7 a description of how the practices and approaches will impact the outcomes1 cost-effectiveness of1 and return on investment from1 ,federal1 ,state1 local1 and ,tribal governments with respect to such purposes2 7,d7 the feedback received from ,state and local governments on ways to improve the technical assistance of the ,council1 including findings from a third-party survey and actions the ,council plans to take in response to such feedback2 and 7,e7 the major statutory1 regulatory1 and administrative challenges identified by ,state1 local1 and ,tribal governments that received a grant under subsection 7d71 and the actions that ,federal agencies are taking to address such challenges4 7#f7 ,,faca applicability ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to the ,council4 7#g7 ,council procedures ,the ,secretary1 in consultation with the ,comptroller ,general of the ,united ,states and the ,director of the ,office of ,management and ,budget1 shall establish procedures for the ,council to-- 7,a7 ensure that adequate resources are available to effectively execute the responsibilities of the ,council2 7,b7 effectively coordinate with other relevant advisory bodies and working groups to avoid unnecessary duplication2 7,c7 create transparency to the public and ,congress with regard to ,council membership1 costs1 and activities1 including through use of modern technology and social media to disseminate information2 and 7,d7 avoid conflicts of interest that would jeopardize the ability of the ,council to make decisions and provide recommendations4 7d7 ,social determinants accelerator grants to ,states or local governments 7#a7 ,grants to ,states1 local governments1 and tribes ,not later than #ahj days after the date of the enactment of this ,act1 the ,administrator1 in consultation with the ,secretary and the ,council1 shall award on a competitive basis not more than #be grants to eligible applicants described in this section1 for the development of social determinants accelerator plans1 as described in this section4 7#b7 ,eligible applicant ,an eligible applicant described in this section is a ,state1 local1 or ,tribal health or human services agency that-- 7,a7 demonstrates the support of relevant parties across relevant ,state1 local1 or ,tribal jurisdictions2 and 7,b7 in the case of an applicant that is a local government agency1 provides to the ,secretary a letter of support from the lead ,state health or human services agency for the ,state in which the local government is located4 7#c7 ,amount of grant ,the ,administrator1 in coordination with the ,council1 shall determine the total amount that the ,administrator will make available to each grantee under this section4 7#d7 ,application ,an eligible applicant seeking a grant under this section shall include in the application the following information3 7,a7 ,the target population 7or populations7 that would benefit from implementation of the social determinants accelerator plan proposed to be developed by the applicant4 7,b7 ,a description of the objective or objectives and outcome goals of such proposed plan1 which shall include at least one health outcome and at least one other important social outcome4 7,c7 ,the sources and scope of inefficiencies that1 if addressed by the plan1 could result in improved cost-effectiveness of or return on investment from ,federal1 ,state1 local1 and ,tribal governments4 7,d7 ,a description of potential interventions that could be designed or enabled using such proposed plan4 7,e7 ,the ,state1 local1 ,tribal1 academic1 nonprofit1 community-based organizations1 and other private sector partners that would participate in the development of the proposed plan and subsequent implementation of programs or initiatives included in such proposed plan4 7,f7 ,such other information as the ,administrator1 in consultation with the ,secretary and the ,council1 determines necessary to achieve the purposes of this subtitle4 7#e7 ,use of funds ,a recipient of a grant under this section may use funds received through the grant for the following purposes3 7,a7 ,to convene and coordinate with relevant government entities and other stakeholders across sectors to assist in the development of a social determinant accelerator plan4 7,b7 ,to identify populations of individuals receiving medical assistance under a ,state plan 7or a waiver of such plan7 under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq47 who may benefit from the proposed approaches to improving the health and well-being of such individuals through the implementation of the proposed social determinants accelerator plan4 7,c7 ,to engage qualified research experts to advise on relevant research and to design a proposed evaluation plan1 in accordance with the standards and guidelines issued by the ,administrator4 7,d7 ,to collaborate with the ,council to support the development of social determinants accelerator plans4 7,e7 ,to prepare and submit a final social determinants accelerator plan to the ,council4 7#f7 ,contents of plans ,a social determinant accelerator plan developed under this section shall include the following3 7,a7 ,a description of the target population 7or populations7 that would benefit from implementation of the social determinants accelerator plan1 including an analysis describing the projected impact on the well-being of individuals described in paragraph 7#e77;,b74 7,b7 ,a description of the interventions or approaches designed under the social determinants accelerator plan and the evidence for selecting such interventions or approaches4 7,c7 ,the objectives and outcome goals of such interventions or approaches1 including at least one health outcome and at least one other important social outcome4 7,d7 ,a plan for accessing and linking relevant data to enable coordinated benefits and services for the jurisdictions described in this section and an evaluation of the proposed interventions and approaches4 7,e7 ,a description of the ,state1 local1 ,tribal1 academic1 nonprofit1 or community-based organizations1 or any other private sector organizations that would participate in implementing the proposed interventions or approaches1 and the role each would play to contribute to the success of the proposed interventions or approaches4 7,f7 ,the identification of the funding sources that would be used to finance the proposed interventions or approaches4 7,g7 ,a description of any financial incentives that may be provided1 including outcome-focused contracting approaches to encourage service providers and other partners to improve outcomes of1 cost-effectiveness of1 and return on investment from1 ,federal1 ,state1 local1 or ,tribal government spending4 7,h7 ,the identification of the applicable ,federal1 ,state1 local1 or ,tribal statutory and regulatory authorities1 including waiver authorities1 to be leveraged to implement the proposed interventions or approaches4 7,i7 ,a description of potential considerations that would enhance the impact1 scalability1 or sustainability of the proposed interventions or approaches and the actions the grant awardee would take to address such considerations4 7,j7 ,a proposed evaluation plan1 to be carried out by an independent evaluator1 to measure the impact of the proposed interventions or approaches on the outcomes of1 cost-effectiveness of1 and return on investment from1 ,federal1 ,state1 local1 and ,tribal governments4 7,k7 ,precautions for ensuring that vulnerable populations will not be denied access to ,medicaid or other essential services as a result of implementing the proposed plan4 7e7 ,funding 7#a7 ,in general ,out of any money in the ,treasury not otherwise appropriated1 there is appropriated to carry out this subtitle #be1jjj1jjj1 of which up to #e1jjj1jjj may be used to carry out this subtitle1 to remain available for obligation until the date that is #e years after the date of enactment of this ,act4 7#b7 ,reservation of funds 7,a7 ,in general ,of the funds made available under paragraph 7#a71 the ,secretary shall reserve not less than #bj percent to award grants to eligible applicants for the development of social determinants accelerator plans under this section intended to serve rural populations4 7,b7 ,exception ,in the case of a fiscal year for which the ,secretary determines that there are not sufficient eligible applicants to award up to #be grants under section #cagdjc that are intended to serve rural populations and the ,secretary cannot satisfy the #bj-percent requirement1 the ,secretary may reserve an amount that is less than #bj percent of amounts made available under paragraph 7#a7 to award grants for such purpose4 7#c7 ,rule of construction ,nothing in this subtitle shall prevent ,federal agencies represented on the ,council from contributing additional funding from other sources to support activities to improve the effectiveness of the ,council4 #cagdjd4 ,accountability and transparency within the ,department of ,health and ,human ,services ,title ,,xxxiv of the ,public ,health ,service ,act is amended by inserting after subtitle ,c the following3 ,d ,strengthening accountability #cdda4 ,elevation of the ,office of ,civil ,rights 7a7 ,in general ,the ,secretary shall establish within the ,office for ,civil ,rights an ,office of ,health ,disparities1 which shall be headed by a director to be appointed by the ,secretary4 7b7 ,purpose ,the ,office of ,health ,disparities shall ensure that the health programs1 activities1 and operations of health entities that receive ,federal financial assistance are in compliance with title ,,vi of the ,civil ,rights ,act1 including through the following activities3 7#a7 ,the development and implementation of an action plan to address racial and ethnic health care disparities1 which shall address concerns relating to the ,office for ,civil ,rights as released by the ,united ,states ,commission on ,civil ,rights in the report entitled ,health ,care ,challenge3 ,acknowledging ,disparity1 ,confronting ,discrimination1 and ,ensuring ,equity 7,september #aiii7 in conjunction with the reports by the ,national ,academy of ,sciences 7formerly known as the ,institute of ,medicine7 entitled ,unequal ,treatment3 ,confronting ,racial and ,ethnic ,disparities in ,health ,care1 ,crossing the ,quality ,chasm3 ,a ,new ,health ,system for the #bast ,century1 ,in the ,nation's ,compelling ,interest3 ,ensuring ,diversity in the ,health ,care ,workforce1 ,the ,national ,partnership for ,action to ,end ,health ,disparities1 and ,the ,health of ,lesbian1 ,gay1 ,bisexual1 and ,transgender ,people1 and other related reports by the ,national ,academy of ,sciences4 ,this plan shall be publicly disclosed for review and comment and the final plan shall address any comments or concerns that are received by the ,office4 7#b7 ,investigative and enforcement actions against intentional discrimination and policies and practices that have a disparate impact on minorities4 7#c7 ,the review of racial1 ethnic1 gender identity1 sexual orientation1 sex1 disability status1 socioeconomic status1 and primary language health data collected by ,federal health agencies to assess health care disparities related to intentional discrimination and policies and practices that have a disparate impact on minorities4 ,such review shall include an assessment of health disparities in communities with a combination of these classes4 7#d7 ,outreach and education activities relating to compliance with title ,,vi of the ,civil ,rights ,act4 7#e7 ,the provision of technical assistance for health entities to facilitate compliance with title ,,vi of the ,civil ,rights ,act4 7#f7 ,coordination and oversight of activities of the civil rights compliance offices established under section #cddb4 7#g7 ,ensuring-- 7,a7 at a minimum1 compliance with the most recent version of the ,office of ,management and ,budget statistical policy directive entitled ,standards for ,maintaining1 ,collecting1 and ,presenting ,federal ,data on ,race and ,ethnicity2 and 7,b7 consideration of available data and language standards such as-- 7i7 the standards for collecting and reporting data under section #caja2 and 7ii7 the ,national ,standards on ,culturally and ,linguistically ,appropriate ,services of the ,office of ,minority ,health4 7c7 ,funding and staff ,the ,secretary shall ensure the effectiveness of the ,office of ,health ,disparities by ensuring that the ,office is provided with-- 7#a7 adequate funding to enable the ,office to carry out its duties under this section2 and 7#b7 staff with expertise in-- 7,a7 epidemiology2 7,b7 statistics2 7,c7 health quality assurance2 7,d7 minority health and health disparities2 7,e7 cultural and linguistic competency2 7,f7 civil rights2 and 7,g7 social1 behavioral1 and economic determinants of health4 7d7 ,report ,not later than ,december #ca1 #bjba1 and annually thereafter1 the ,secretary1 in collaboration with the ,director of the ,office for ,civil ,rights and the ,deputy ,assistant ,secretary for ,minority ,health1 shall submit a report to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives that includes-- 7#a7 the number of cases filed1 broken down by category2 7#b7 the number of cases investigated and closed by the office2 7#c7 the outcomes of cases investigated2 7#d7 the staffing levels of the office including staff credentials2 7#e7 the number of other lingering and emerging cases in which civil rights inequities can be demonstrated2 and 7#f7 the number of cases remaining open and an explanation for their open status4 7e7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years #bjbb through #bjbg4 #cddb4 ,establishment of ,health ,program offices for ,civil ,rights within ,federal ,health and human services agencies 7a7 ,in general ,the ,secretary shall establish civil rights compliance offices in each agency within the ,department of ,health and ,human ,services that administers health programs4 7b7 ,purpose of offices ,each office established under subsection 7a7 shall ensure that recipients of ,federal financial assistance under ,federal health programs administer programs1 services1 and activities in a manner that-- 7#a7 does not discriminate1 either intentionally or in effect1 on the basis of race1 national origin1 language1 ethnicity1 sex1 age1 disability1 sexual orientation1 and gender identity2 and 7#b7 promotes the reduction and elimination of disparities in health and health care based on race1 national origin1 language1 ethnicity1 sex1 age1 disability1 sexual orientation1 and gender identity4 7c7 ,powers and duties ,the offices established in subsection 7a7 shall have the following powers and duties3 7#a7 ,the establishment of compliance and program participation standards for recipients of ,federal financial assistance under each program administered by the applicable agency1 including the establishment of disparity reduction standards to encompass disparities in health and health care related to race1 national origin1 language1 ethnicity1 sex1 age1 disability1 sexual orientation1 and gender identity4 7#b7 ,the development and implementation of program-specific guidelines that interpret and apply ,department of ,health and ,human ,services guidance under title ,,vi of the ,civil ,rights ,act of #aifd and section #aeeg of the ,patient ,protection and ,affordable ,care ,act to each ,federal health program administered by the agency4 7#c7 ,the development of a disparity-reduction impact analysis methodology that shall be applied to every rule issued by the agency and published as part of the formal rulemaking process under sections #eee1 #eef1 and #eeg of title #e1 ,united ,states ,code4 7#d7 ,oversight of data collection1 analysis1 and publication requirements for all recipients of ,federal financial assistance under each ,federal health program administered by the agency2 compliance with1 at a minimum1 the most recent version of the ,office of ,management and ,budget statistical policy directive entitled ,standards for ,maintaining1 ,collecting1 and ,presenting ,federal ,data on ,race and ,ethnicity2 and consideration of available data and language standards such as-- 7,a7 the standards for collecting and reporting data under section #caja2 and 7,b7 the ,national ,standards on ,culturally and ,linguistically ,appropriate ,services of the ,office of ,minority ,health4 7#e7 ,the conduct of publicly available studies regarding discrimination within ,federal health programs administered by the agency as well as disparity reduction initiatives by recipients of ,federal financial assistance under ,federal health programs4 7#f7 ,annual reports to the ,committee on ,health1 ,education1 ,labor1 and ,pensions and the ,committee on ,finance of the ,senate and the ,committee on ,energy and ,commerce and the ,committee on ,ways and ,means of the ,house of ,representatives on the progress in reducing disparities in health and health care through the ,federal programs administered by the agency4 7d7 ,relationship to ,office for ,civil ,rights in the ,department of ,justice 7#a7 ,department of ,health and ,human ,services ,the ,office for ,civil ,rights of the ,department of ,health and ,human ,services shall provide standard-setting and compliance review investigation support services to the ,civil ,rights ,compliance ,office for each agency described in subsection 7a71 subject to paragraph 7#b74 7#b7 ,department of ,justice ,the ,office for ,civil ,rights of the ,department of ,justice may1 as appropriate1 institute formal proceedings when a civil rights compliance office established under subsection 7a7 determines that a recipient of ,federal financial assistance is not in compliance with the disparity reduction standards of the applicable agency4 7e7 ,definition ,in this section1 the term ,federal health programs mean programs-- 7#a7 under the ,social ,security ,act 7#db ,u4,s4,c4 #cja et seq47 that pay for health care and services2 and 7#b7 under this ,act that provide ,federal financial assistance for health care1 biomedical research1 health services research1 and programs designed to improve the public's health1 including health service programs4 4 #e ,expanded ,insurance ,access #cageja4 ,medicare special enrollment period for individuals residing in ,,covid-#ai emergency areas 7a7 ,in general ,section #ahcg7;i7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciep7i77 is amended by adding at the end the following new paragraph3 7#e7 7,a7 ,in the case of an individual who-- 7i7 is eligible under section #ahcf to enroll in the medical insurance program established by this part1 7ii7 did not enroll 7or elected not to be deemed enrolled7 under this section during an enrollment period1 and 7iii7 during the emergency period 7as described in section #aace7;g77#a77;,b771 resided in an emergency area 7as described in such section71 there shall be a special enrollment period described in subparagraph 7,b74 7,b7 ,the special enrollment period referred to in subparagraph 7,a7 is the period that begins not later than ,july #a1 #bjba1 and ends on the last day of the month in which the emergency period 7as described in section #aace7;g77#a77;,b77 ends4 4 7b7 ,coverage period for individuals transitioning from other coverage ,section #ahch7;e7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acieq7e77 is amended-- 7#a7 by striking pursuant to section #ahcg7;i77#c7 or #ahcg7;i77#d77;,b7-- and inserting the following3 pursuant to-- 7#a7 section #ahcg7;i77#c7 or #ahcg7;i77#d77;,b7-- 2 7#b7 by redesignating paragraphs 7#a7 and 7#b7 as subparagraphs 7,a7 and 7,b71 respectively1 and moving the indentation of each such subparagraph #b ems to the right2 7#c7 by striking the period at the end of the subparagraph 7,b71 as so redesignated1 and inserting 2 or2 and 7#d7 by adding at the end the following new paragraph3 7#b7 section #ahcg7;i77#e71 the coverage period shall begin on the first day of the month following the month in which the individual so enrolls4 4 7c7 ,funding ,the ,secretary of ,health and ,human ,services shall provide for the transfer from the ,federal ,hospital ,insurance ,trust ,fund 7as described in section #ahag of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;i77 and the ,federal ,supplementary ,medical ,insurance ,trust ,fund 7as described in section #ahda of such ,act 7#db ,u4,s4,c4 #aciet771 in such proportions as determined appropriate by the ,secretary1 to the ,social ,security ,administration1 of #cj1jjj1jjj1 to remain available until expended1 for purposes of carrying out the amendments made by this section4 7d7 ,implementation ,notwithstanding any other provision of law1 the ,secretary of ,health and ,human ,services may implement the amendments made by this section by program instruction or otherwise4 #cagejb4 ,special enrollment period through exchanges2 federal exchange outreach and educational activities 7a7 ,special enrollment period through ,exchanges ,section #acaa7;c7 of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjca7;c77 is amended-- 7#a7 in paragraph 7#f7-- 7,a7 in subparagraph 7,c71 by striking at the end and2 7,b7 in subparagraph 7,d71 by striking at the end the period and inserting 2 and2 and 7,c7 by adding at the end the following new subparagraph3 7,e7 subject to subparagraph 7,b7 of paragraph 7#h71 the special enrollment period described in subparagraph 7,a7 of such paragraph4 2 and 7#b7 by adding at the end the following new paragraph3 7#h7 ,special enrollment period for certain public health emergency 7,a7 ,in general ,the ,secretary shall1 subject to subparagraph 7,b71 require an ,exchange to provide-- 7i7 for a special enrollment period during the emergency period described in section #aace7;g77#a77;,b7 of the ,social ,security ,act-- 7,i7 which shall begin on the date that is one week after the date of the enactment of this paragraph and which1 in the case of an ,exchange established or operated by the ,secretary within a ,state pursuant to section #acba7;c71 shall be an #h-week period2 and 7,,ii7 during which any individual who is otherwise eligible to enroll in a qualified health plan through the ,exchange may enroll in such a qualified health plan2 and 7ii7 that1 in the case of an individual who enrolls in a qualified health plan through the ,exchange during such enrollment period1 the coverage period under such plan shall begin1 at the option of the individual1 on ,april #a1 #bjba1 or on the first day of the month following the day the individual selects a plan through such special enrollment period4 7,b7 ,exception ,the requirement of subparagraph 7,a7 shall not apply to a ,state-operated or ,state-established ,exchange if such ,exchange1 prior to the date of the enactment of this paragraph1 established or otherwise provided for a special enrollment period to address access to coverage under qualified health plans offered through such ,exchange during the emergency period described in section #aace7;g77#a77;,b7 of the ,social ,security ,act4 4 7b7 ,federal ,exchange outreach and educational activities ,section #acba7;c7 of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjda7;c77 is amended by adding at the end the following new paragraph3 7#c7 ,outreach and educational activities 7,a7 ,in general ,in the case of an ,exchange established or operated by the ,secretary within a ,state pursuant to this subsection1 the ,secretary shall carry out outreach and educational activities for purposes of informing potential enrollees in qualified health plans offered through the ,exchange of the availability of coverage under such plans and financial assistance for coverage under such plans4 ,such outreach and educational activities shall be provided in a manner that is culturally and linguistically appropriate to the needs of the populations being served by the ,exchange 7including hard-to-reach populations1 such as racial and sexual minorities1 limited ,english proficient populations1 and young adults74 7,b7 ,limitation on use of funds ,no funds appropriated under this paragraph shall be used for expenditures for promoting non-,,aca compliant health insurance coverage4 7,c7 ,non-,,aca compliant health insurance coverage ,for purposes of subparagraph 7,b73 7i7 ,the term non-,,aca compliant health insurance coverage means health insurance coverage1 or a group health plan1 that is not a qualified health plan4 7ii7 ,such term includes the following3 7,i7 ,an association health plan4 7,,ii7 ,short-term limited duration insurance4 7,d7 ,funding ,there are appropriated1 out of any funds in the ,treasury not otherwise appropriated1 #be1jjj1jjj1 to remain available until expended-- 7i7 to carry out this paragraph2 and 7ii7 at the discretion of the ,secretary1 to carry out section #acaa7;i71 with respect to an ,exchange established or operated by the ,secretary within a ,state pursuant to this subsection4 4 7c7 ,implementation ,the ,secretary of ,health and ,human ,services may implement the provisions of 7including amendments made by7 this section through subregulatory guidance1 program instruction1 or otherwise4 #cagejc4 ,,momma's ,act 7a7 ,short title ,this section may be cited as the ,mothers and ,offspring ,mortality and ,morbidity ,awareness ,act or the ,,momma's ,act4 7b7 ,findings ,congress finds the following3 7#a7 ,every year1 across the ,united ,states1 #d1jjj1jjj women give birth1 about #gjj women suffer fatal complications during pregnancy1 while giving birth or during the postpartum period1 and #gj1jjj women suffer near-fatal1 partum-related complications4 7#b7 ,the maternal mortality rate is often used as a proxy to measure the overall health of a population4 ,while the infant mortality rate in the ,united ,states has reached its lowest point1 the risk of death for women in the ,united ,states during pregnancy1 childbirth1 or the postpartum period is higher than such risk in many other developed nations4 ,the estimated maternal mortality rate 7per #ajj1jjj live births7 for the #dh contiguous ,states and ,washington1 ,,dc increased from #ah4h percent in #bjjj to #bc4h percent in #bjad to #bf4f percent in #bjah4 ,this estimated rate is on par with such rate for underdeveloped nations such as ,iraq and ,afghanistan4 7#c7 ,international studies estimate the #bjae maternal mortality rate in the ,united ,states as #bf4d per #ajj1jjj live births1 which is almost twice the #bjae ,world ,health ,organization estimation of #ad per #ajj1jjj live births4 7#d7 ,it is estimated that more than #fj percent of maternal deaths in the ,united ,states are preventable4 7#e7 ,according to the ,centers for ,disease ,control and ,prevention1 the maternal mortality rate varies drastically for women by race and ethnicity4 ,there are #ab4g deaths per #ajj1jjj live births for ,white women1 #dc4e deaths per #ajj1jjj live births for ,african-,american women1 and #ad4d deaths per #ajj1jjj live births for women of other ethnicities4 ,while maternal mortality disparately impacts ,african-,american women1 this urgent public health crisis traverses race1 ethnicity1 socioeconomic status1 educational background1 and geography4 7#f7 ,african-,american women are #c to #d times more likely to die from causes related to pregnancy and childbirth compared to non-,hispanic ,white women4 7#g7 ,the findings described in paragraphs 7#a7 through 7#f7 are of major concern to researchers1 academics1 members of the business community1 and providers across the obstetrical continuum represented by organizations such as ,march of ,dimes2 the ,preeclampsia ,foundation2 the ,american ,college of ,obstetricians and ,gynecologists2 the ,society for ,maternal-,fetal ,medicine2 the ,association of ,women's ,health1 ,obstetric1 and ,neonatal ,nurses2 the ,california ,maternal ,quality ,care ,collaborative2 ,black ,women's ,health ,imperative2 the ,national ,birth ,equity ,collaborative2 ,black ,mamas ,matter ,alliance2 ,ever,thrive ,illinois2 the ,national ,association of ,certified ,professional ,midwives2 ,,pcos ,challenge3 ,the ,national ,polycystic ,ovary ,syndrome ,association2 and the ,american ,college of ,nurse ,midwives4 7#h7 ,hemorrhage1 cardiovascular and coronary conditions1 cardiomyopathy1 infection1 embolism1 mental health conditions1 preeclampsia and eclampsia1 polycystic ovary syndrome1 infection and sepsis1 and anesthesia complications are the predominant medical causes of maternal-related deaths and complications4 ,most of these conditions are largely preventable or manageable4 7#i7 ,oral health is an important part of perinatal health4 ,reducing bacteria in a woman's mouth during pregnancy can significantly reduce her risk of developing oral diseases and spreading decay-causing bacteria to her baby4 ,moreover1 some evidence suggests that women with periodontal disease during pregnancy could be at greater risk for poor birth outcomes1 such as preeclampsia1 pre-term birth1 and low-birth weight4 ,furthermore1 a woman's oral health during pregnancy is a good predictor of her newborn's oral health1 and since mothers can unintentionally spread oral bacteria to their babies1 putting their children at higher risk for tooth decay1 prevention efforts should happen even before children are born1 as a matter of pre-pregnancy health and prenatal care during pregnancy4 7#aj7 ,the ,united ,states has not been able to submit a formal maternal mortality rate to international data repositories since #bjjg4 ,thus1 no official maternal mortality rate exists for the ,united ,states4 ,there can be no maternal mortality rate without streamlining maternal mortality-related data from the ,state level and extrapolating such data to the ,federal level4 7#aa7 ,in the ,united ,states1 death reporting and analysis is a ,state function rather than a ,federal process4 ,states report all deaths--including maternal deaths--on a semi-voluntary basis1 without standardization across ,states4 ,while the ,centers for ,disease ,control and ,prevention has the capacity and system for collecting death-related data based on death certificates1 these data are not sufficiently reported by ,states in an organized and standard format across ,states such that the ,centers for ,disease ,control and ,prevention is able to identify causes of maternal death and best practices for the prevention of such death4 7#ab7 ,vital statistics systems often underestimate maternal mortality and are insufficient data sources from which to derive a full scope of medical and social determinant factors contributing to maternal deaths4 ,while the addition of pregnancy checkboxes on death certificates since #bjjc have likely improved ,states' abilities to identify pregnancy-related deaths1 they are not generally completed by obstetrical providers or persons trained to recognize pregnancy-related mortality4 ,thus1 these vital forms may be missing information or may capture inconsistent data4 ,due to varying maternal mortality-related analyses1 lack of reliability1 and granularity in data1 current maternal mortality informatics do not fully encapsulate the myriad medical and socially determinant factors that contribute to such high maternal mortality rates within the ,united ,states compared to other developed nations4 ,lack of standardization of data and data sharing across ,states and between ,federal entities1 health networks1 and research institutions keep the ,nation in the dark about ways to prevent maternal deaths4 7#ac7 ,having reliable and valid ,state data aggregated at the ,federal level are critical to the ,nation's ability to quell surges in maternal death and imperative for researchers to identify long-lasting interventions4 7#ad7 ,leaders in maternal wellness highly recommend that maternal deaths be investigated at the ,state level first1 and that standardized1 streamlined1 de-identified data regarding maternal deaths be sent annually to the ,centers for ,disease ,control and ,prevention4 ,such data standardization and collection would be similar in operation and effect to the ,national ,program of ,cancer ,registries of the ,centers for ,disease ,control and ,prevention and akin to the ,confidential ,enquiry in ,maternal ,deaths ,programme in the ,united ,kingdom4 ,such a maternal mortalities and morbidities registry and surveillance system would help providers1 academicians1 lawmakers1 and the public to address questions concerning the types of1 causes of1 and best practices to thwart1 pregnancy-related or pregnancy-associated mortality and morbidity4 7#ae7 ,the ,united ,nations' ,millennium ,development ,goal #e;a aimed to reduce by #ge percent1 between #aiij and #bjae1 the maternal mortality rate1 yet this metric has not been achieved4 ,in fact1 the maternal mortality rate in the ,united ,states has been estimated to have more than doubled between #bjjj and #bjad4 ,yet1 because national data are not fully available1 the ,united ,states does not have an official maternal mortality rate4 7#af7 ,many ,states have struggled to establish or maintain ,maternal ,mortality ,review ,committees 7referred to in this section as ,,mmrc74 ,on the ,state level1 ,m,m,r,cs have lagged because ,states have not had the resources to mount local reviews4 ,state-level reviews are necessary as only the ,state departments of health have the authority to request medical records1 autopsy reports1 and police reports critical to the function of the ,,mmrc4 7#ag7 ,the ,united ,kingdom regards maternal deaths as a health systems failure and a national committee of obstetrics experts review each maternal death or near-fatal childbirth complication4 ,such committee also establishes the predominant course of maternal-related deaths from conditions such as preeclampsia4 ,consequently1 the ,united ,kingdom has been able to reduce its incidence of preeclampsia to less than one in #aj1jjj women--its lowest rate since #aieb4 7#ah7 ,the ,united ,states has no comparable1 coordinated ,federal process by which to review cases of maternal mortality1 systems failures1 or best practices4 ,many ,states have active ,m,m,r,cs and leverage their work to impact maternal wellness4 ,for example1 the ,state of ,california has worked extensively with their ,state health departments1 health and hospital systems1 and research collaborative organizations1 including the ,california ,maternal ,quality ,care ,collaborative and the ,alliance for ,innovation on ,maternal ,health1 to establish ,m,m,r,cs1 wherein such ,state has determined the most prevalent causes of maternal mortality and recorded and shared data with providers and researchers1 who have developed and implemented safety bundles and care protocols related to preeclampsia1 maternal hemorrhage1 and the like4 ,in this way1 the ,state of ,california has been able to leverage its maternal mortality review board system1 generate data1 and apply those data to effect changes in maternal care-related protocol4 ,to date1 the ,state of ,california has reduced its maternal mortality rate1 which is now comparable to the low rates of the ,united ,kingdom4 7#ai7 ,hospitals and health systems across the ,united ,states lack standardization of emergency obstetrical protocols before1 during1 and after delivery4 ,consequently1 many providers are delayed in recognizing critical signs indicating maternal distress that quickly escalate into fatal or near-fatal incidences4 ,moreover1 any attempt to address an obstetrical emergency that does not consider both clinical and public health approaches falls woefully under the mark of excellent care delivery4 ,state-based maternal quality collaborative organizations1 such as the ,california ,maternal ,quality ,care ,collaborative or entities participating in the ,alliance for ,innovation on ,maternal ,health 7,,aim71 have formed obstetrical protocols1 tool kits1 and other resources to improve system care and response as they relate to maternal complications and warning signs for such conditions as maternal hemorrhage1 hypertension1 and preeclampsia4 7#bj7 ,the ,centers for ,disease ,control and ,prevention reports that nearly half of all maternal deaths occur in the immediate postpartum period--the #db days following a pregnancy--whereas more than one-third of pregnancy-related or pregnancy-associated deaths occur while a person is still pregnant4 ,yet1 for women eligible for the ,medicaid program on the basis of pregnancy1 such ,medicaid coverage lapses at the end of the month on which the #fjth postpartum day lands4 7#ba7 ,the experience of serious traumatic events1 such as being exposed to domestic violence1 substance use disorder1 or pervasive racism1 can over-activate the body's stress-response system4 ,known as toxic stress1 the repetition of high-doses of cortisol to the brain1 can harm healthy neurological development1 which can have cascading physical and mental health consequences1 as documented in the ,adverse ,childhood ,experiences study of the ,centers for ,disease ,control and ,prevention4 7#bb7 ,a growing body of evidence-based research has shown the correlation between the stress associated with one's race--the stress of racism--and one's birthing outcomes4 ,the stress of sex and race discrimination and institutional racism has been demonstrated to contribute to a higher risk of maternal mortality1 irrespective of one's gestational age1 maternal age1 socioeconomic status1 or individual-level health risk factors1 including poverty1 limited access to prenatal care1 and poor physical and mental health 7although these are not nominal factors74 ,african-,american women remain the most at risk for pregnancy-associated or pregnancy-related causes of death4 ,when it comes to preeclampsia1 for example1 which is related to obesity1 ,african-,american women of normal weight remain the most at risk of dying during the perinatal period compared to non-,african-,american obese women4 7#bc7 ,the rising maternal mortality rate in the ,united ,states is driven predominantly by the disproportionately high rates of ,african-,american maternal mortality4 7#bd7 ,african-,american women are #c to #d times more likely to die from pregnancy or maternal-related distress than are ,white women1 yielding one of the greatest and most disconcerting racial disparities in public health4 7#be7 ,compared to women from other racial and ethnic demographics1 ,african-,american women across the socioeconomic spectrum experience prolonged1 unrelenting stress related to racial and gender discrimination1 contributing to higher rates of maternal mortality1 giving birth to low-weight babies1 and experiencing pre-term birth4 ,racism is a risk-factor for these aforementioned experiences4 ,this cumulative stress often extends across the life course and is situated in everyday spaces where ,african-,american women establish livelihood4 ,structural barriers1 lack of access to care1 and genetic predispositions to health vulnerabilities exacerbate ,african-,american women's likelihood to experience poor or fatal birthing outcomes1 but do not fully account for the great disparity4 7#bf7 ,african-,american women are twice as likely to experience postpartum depression1 and disproportionately higher rates of preeclampsia compared to ,white women4 7#bg7 ,racism is deeply ingrained in ,united ,states systems1 including in health care delivery systems between patients and providers1 often resulting in disparate treatment for pain1 irreverence for cultural norms with respect to health1 and dismissiveness4 ,research has demonstrated that patients respond more warmly and adhere to medical treatment plans at a higher degree with providers of the same race or ethnicity or with providers with great ability to exercise empathy4 ,however1 the provider pool is not primed with many people of color1 nor are providers 7whether student-doctors in training or licensed practitioners7 consistently required to undergo implicit bias1 cultural competency1 or empathy training on a consistent1 on-going basis4 7c7 ,improving ,federal efforts with respect to prevention of maternal mortality 7#a7 ,technical assistance for ,states with respect to reporting maternal mortality ,not later than one year after the date of enactment of this ,act1 the ,director of the ,centers for ,disease ,control and ,prevention 7referred to in this section as the ,director71 in consultation with the ,administrator of the ,health ,resources and ,services ,administration1 shall provide technical assistance to ,states that elect to report comprehensive data on maternal mortality1 including oral1 mental1 and breastfeeding health information1 for the purpose of encouraging uniformity in the reporting of such data and to encourage the sharing of such data among the respective ,states4 7#b7 ,best practices relating to prevention of maternal mortality 7,a7 ,in general ,not later than one year after the date of enactment of this ,act-- 7i7 the ,director1 in consultation with relevant patient and provider groups1 shall issue best practices to ,state maternal mortality review committees on how best to identify and review maternal mortality cases1 taking into account any data made available by ,states relating to maternal mortality1 including data on oral1 mental1 and breastfeeding health1 and utilization of any emergency services2 and 7ii7 the ,director1 working in collaboration with the ,health ,resources and ,services ,administration1 shall issue best practices to hospitals1 ,state professional society groups1 and perinatal quality collaboratives on how best to prevent maternal mortality4 7,b7 ,authorization of appropriations ,for purposes of carrying out this subsection1 there is authorized to be appropriated #e1jjj1jjj for each of fiscal years #bjbb through #bjbf4 7#c7 ,alliance for ,innovation on ,maternal ,health ,grant ,program 7,a7 ,in general ,not later than one year after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services 7referred to in this subsection as the ,secretary71 acting through the ,associate ,administrator of the ,maternal and ,child ,health ,bureau of the ,health ,resources and ,services ,administration1 shall establish a grant program to be known as the ,alliance for ,innovation on ,maternal ,health ,grant ,program 7referred to in this subsection as ,,aim7 under which the ,secretary shall award grants to eligible entities for the purpose of-- 7i7 directing widespread adoption and implementation of maternal safety bundles through collaborative ,state-based teams2 and 7ii7 collecting and analyzing process1 structure1 and outcome data to drive continuous improvement in the implementation of such safety bundles by such ,state-based teams with the ultimate goal of eliminating preventable maternal mortality and severe maternal morbidity in the ,united ,states4 7,b7 ,eligible entities ,in order to be eligible for a grant under paragraph 7#a71 an entity shall-- 7i7 submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require2 and 7ii7 demonstrate in such application that the entity is an interdisciplinary1 multi-stakeholder1 national organization with a national data-driven maternal safety and quality improvement initiative based on implementation approaches that have been proven to improve maternal safety and outcomes in the ,united ,states4 7,c7 ,use of funds ,an eligible entity that receives a grant under paragraph 7#a7 shall use such grant funds-- 7i7 to develop and implement1 through a robust1 multi-stakeholder process1 maternal safety bundles to assist ,states and health care systems in aligning national1 ,state1 and hospital-level quality improvement efforts to improve maternal health outcomes1 specifically the reduction of maternal mortality and severe maternal morbidity2 7ii7 to ensure1 in developing and implementing maternal safety bundles under subparagraph 7,a71 that such maternal safety bundles-- 7,i7 satisfy the quality improvement needs of a ,state or health care system by factoring in the results and findings of relevant data reviews1 such as reviews conducted by a ,state maternal mortality review committee2 and 7,,ii7 address topics such as-- 7aa7 obstetric hemorrhage2 7bb7 maternal mental health2 7cc7 the maternal venous system2 7dd7 obstetric care for women with substance use disorders1 including opioid use disorder2 7ee7 postpartum care basics for maternal safety2 7ff7 reduction of peripartum racial and ethnic disparities2 7gg7 reduction of primary caesarean birth2 7hh7 severe hypertension in pregnancy2 7ii7 severe maternal morbidity reviews2 7jj7 support after a severe maternal morbidity event2 7kk7 thromboembolism2 7ll7 optimization of support for breastfeeding2 and 7mm7 maternal oral health2 and 7iii7 to provide ongoing technical assistance at the national and ,state levels to support implementation of maternal safety bundles under subparagraph 7,a74 7,d7 ,maternal safety bundle defined ,for purposes of this subsection1 the term maternal safety bundle means standardized1 evidence-informed processes for maternal health care4 7,e7 ,authorization of appropriations ,for purposes of carrying out this subsection1 there is authorized to be appropriated #aj1jjj1jjj for each of fiscal years #bjbb through #bjbe4 7#d7 ,funding for ,state-,based perinatal quality collaboratives development and sustainability 7,a7 ,in general ,not later than one year after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services 7referred to in this subsection as the ,secretary71 acting through the ,division of ,reproductive ,health of the ,centers for ,disease ,control and ,prevention1 shall establish a grant program to be known as the ,state-,based ,perinatal ,quality ,collaborative grant program under which the ,secretary awards grants to eligible entities for the purpose of development and sustainability of perinatal quality collaboratives in every ,state1 the ,district of ,columbia1 and eligible territories1 in order to measurably improve perinatal care and perinatal health outcomes for pregnant and postpartum women and their infants4 7,b7 ,grant amounts ,grants awarded under this subsection shall be in amounts not to exceed #bej1jjj per year1 for the duration of the grant period4 7,c7 ,state-based perinatal quality collaborative defined ,for purposes of this subsection1 the term ,state-based perinatal quality collaborative means a network of multidisciplinary teams that-- 7i7 work to improve measurable outcomes for maternal and infant health by advancing evidence-informed clinical practices using quality improvement principles2 7ii7 work with hospital-based or outpatient facility-based clinical teams1 experts1 and stakeholders1 including patients and families1 to spread best practices and optimize resources to improve perinatal care and outcomes2 7iii7 employ strategies that include the use of the collaborative learning model to provide opportunities for hospitals and clinical teams to collaborate on improvement strategies1 rapid-response data to provide timely feedback to hospital and other clinical teams to track progress1 and quality improvement science to provide support and coaching to hospital and clinical teams2 and 7iv7 have the goal of improving population-level outcomes in maternal and infant health4 7,d7 ,authorization of appropriations ,for purposes of carrying out this subsection1 there is authorized to be appropriated #ad1jjj1jjj per year for each of fiscal years #bjbb through #bjbf4 7#e7 ,expansion of ,medicaid and ,,chip coverage for pregnant and postpartum women 7,a7 ,requiring coverage of oral health services for pregnant and postpartum women 7i7 ,medicaid ,section #aije of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7 is amended-- 7,i7 in subsection 7a77#d7-- 7aa7 by striking 2 and 7,d7 and inserting 2 7,d72 and 7bb7 by inserting 2 and 7,e7 oral health services for pregnant and postpartum women 7as defined in subsection 7ee77 after subsection 7bb772 and 7,,ii7 by adding at the end the following new subsection3 7ee7 ,oral health services for pregnant and postpartum women 7#a7 ,in general ,for purposes of this title1 the term oral health services for pregnant and postpartum women means dental services necessary to prevent disease and promote oral health1 restore oral structures to health and function1 and treat emergency conditions that are furnished to a woman during pregnancy 7or during the #a-year period beginning on the last day of the pregnancy74 7#b7 ,coverage requirements ,to satisfy the requirement to provide oral health services for pregnant and postpartum women1 a ,state shall1 at a minimum1 provide coverage for preventive1 diagnostic1 periodontal1 and restorative care consistent with recommendations for perinatal oral health care and dental care during pregnancy from the ,american ,academy of ,pediatric ,dentistry and the ,american ,college of ,obstetricians and ,gynecologists4 4 7ii7 ,,chip ,section #bajc7;c77#e77;,a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;cc7c77#e77;,a77 is amended by inserting or a targeted low-income pregnant woman after targeted low-income child4 7,b7 ,extending ,medicaid coverage for pregnant and postpartum women ,section #aijb of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7 is amended-- 7i7 in subsection 7e7-- 7,i7 in paragraph 7#e7-- 7aa7 by inserting 7including oral health services for pregnant and postpartum women 7as defined in section #aije7;ee77 after postpartum medical assistance under the plan2 and 7bb7 by striking #fj-;day and inserting #a-year2 and 7,,ii7 in paragraph 7#f71 by striking #fj-;day and inserting #a-year2 and 7ii7 in subsection 7l77#a77;,a71 by striking #fj-;day and inserting #a-year4 7,c7 ,extending ,medicaid coverage for lawful residents ,section #aijc7v77#d77;,a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;b7v77#d77;,a77 is amended by striking #fj-;day and inserting #a-year4 7,d7 ,extending ,,chip coverage for pregnant and postpartum women ,section #baab7;d77#b77;,a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acigll7d77#b77;,a77 is amended by striking #fj-;day and inserting #a-year4 7,e7 ,maintenance of effort 7i7 ,medicaid ,section #aijb7l7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7l77 is amended by adding at the end the following new paragraph3 7#e7 ,during the period that begins on the date of enactment of this paragraph and ends on the date that is five years after such date of enactment1 as a condition for receiving any ,federal payments under section #aijc7;a7 for calendar quarters occurring during such period1 a ,state shall not have in effect1 with respect to women who are eligible for medical assistance under the ,state plan or under a waiver of such plan on the basis of being pregnant or having been pregnant1 eligibility standards1 methodologies1 or procedures under the ,state plan or waiver that are more restrictive than the eligibility standards1 methodologies1 or procedures1 respectively1 under such plan or waiver that are in effect on the date of enactment of this paragraph4 4 7ii7 ,,chip ,section #baje7;d7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;ee7d77 is amended by adding at the end the following new paragraph3 7#d7 ,in eligibility standards for targeted low-income pregnant women ,during the period that begins on the date of enactment of this paragraph and ends on the date that is five years after such date of enactment1 as a condition of receiving payments under subsection 7a7 and section #aijc7;a71 a ,state that elects to provide assistance to women on the basis of being pregnant 7including pregnancy-related assistance provided to targeted low-income pregnant women 7as defined in section #baab7;d771 pregnancy-related assistance provided to women who are eligible for such assistance through application of section #aijb7v77#d77;,a77i7 under section #bajg7;e77#a71 or any other assistance under the ,state child health plan 7or a waiver of such plan7 which is provided to women on the basis of being pregnant7 shall not have in effect1 with respect to such women1 eligibility standards1 methodologies1 or procedures under such plan 7or waiver7 that are more restrictive than the eligibility standards1 methodologies1 or procedures1 respectively1 under such plan 7or waiver7 that are in effect on the date of enactment of this paragraph4 4 7,f7 ,information on benefits ,the ,secretary of ,health and ,human ,services shall make publicly available on the ,internet website of the ,department of ,health and ,human ,services1 information regarding benefits available to pregnant and postpartum women and under the ,medicaid program and the ,children's ,health ,insurance ,program1 including information on-- 7i7 benefits that ,states are required to provide to pregnant and postpartum women under such programs2 7ii7 optional benefits that ,states may provide to pregnant and postpartum women under such programs2 and 7iii7 the availability of different kinds of benefits for pregnant and postpartum women1 including oral health and mental health benefits1 under such programs4 7,g7 ,federal funding for cost of extended ,medicaid and ,,chip coverage for postpartum women 7i7 ,medicaid ,section #aije of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d71 as amended by paragraph 7#a71 is further amended-- 7,i7 in subsection 7b71 by striking and 7aa7 and inserting 7aa71 and 7ff72 and 7,,ii7 by adding at the end the following3 7ff7 ,increased ,,fmap for extended medical assistance for postpartum women ,notwithstanding subsection 7b71 the ,federal medical assistance percentage for a ,state1 with respect to amounts expended by such ,state for medical assistance for a woman who is eligible for such assistance on the basis of being pregnant or having been pregnant that is provided during the #cje-;day period that begins on the #fjth day after the last day of her pregnancy 7including any such assistance provided during the month in which such period ends71 shall be equal to-- 7#a7 #ajj percent for the first #bj calendar quarters during which this subsection is in effect2 and 7#b7 #ij percent for calendar quarters thereafter4 4 7ii7 ,,chip ,section #baje7;c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;ee7c77 is amended by adding at the end the following new paragraph3 7#ab7 ,enhanced payment for extended assistance provided to pregnant women ,notwithstanding subsection 7b71 the enhanced ,,fmap1 with respect to payments under subsection 7a7 for expenditures under the ,state child health plan 7or a waiver of such plan7 for assistance provided under the plan 7or waiver7 to a woman who is eligible for such assistance on the basis of being pregnant 7including pregnancy-related assistance provided to a targeted low-income pregnant woman 7as defined in section #baab7;d771 pregnancy-related assistance provided to a woman who is eligible for such assistance through application of section #aijb7v77#d77;,a77i7 under section #bajg7;e77#a71 or any other assistance under the plan 7or waiver7 provided to a woman who is eligible for such assistance on the basis of being pregnant7 during the #cje-;day period that begins on the #fjth day after the last day of her pregnancy 7including any such assistance provided during the month in which such period ends71 shall be equal to-- 7,a7 #ajj percent for the first #bj calendar quarters during which this paragraph is in effect2 and 7,b7 #ij percent for calendar quarters thereafter4 4 7,h7 ,effective date 7i7 ,in general ,subject to subparagraph 7,b71 the amendments made by this subsection shall take effect on the first day of the first calendar quarter that begins on or after the date that is one year after the date of enactment of this ,act4 7ii7 ,exception for ,state legislation ,in the case of a ,state plan under title ,,xix of the ,social ,security ,act or a ,state child health plan under title ,,xxi of such ,act that the ,secretary of ,health and ,human ,services determines requires ,state legislation in order for the respective plan to meet any requirement imposed by amendments made by this subsection1 the respective plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet such an additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the ,state legislature that begins after the date of enactment of this ,act4 ,for purposes of the previous sentence1 in the case of a ,state that has a #b-year legislative session1 each year of the session shall be considered to be a separate regular session of the ,state legislature4 7#f7 ,regional centers of excellence ,part ,p of title ,,iii of the ,public ,health ,service ,act is amended by adding at the end the following new section3 #cii,v-#g4 ,regional centers of excellence addressing implicit bias and cultural competency in patient-provider interactions education 7a7 ,in general ,not later than one year after the date of enactment of this section1 the ,secretary1 in consultation with such other agency heads as the ,secretary determines appropriate1 shall award cooperative agreements for the establishment or support of regional centers of excellence addressing implicit bias and cultural competency in patient-provider interactions education for the purpose of enhancing and improving how health care professionals are educated in implicit bias and delivering culturally competent health care4 7b7 ,eligibility ,to be eligible to receive a cooperative agreement under subsection 7a71 an entity shall-- 7#a7 be a public or other nonprofit entity specified by the ,secretary that provides educational and training opportunities for students and health care professionals1 which may be a health system1 teaching hospital1 community health center1 medical school1 school of public health1 dental school1 social work school1 school of professional psychology1 or any other health professional school or program at an institution of higher education 7as defined in section #aja of the ,higher ,education ,act of #aife7 focused on the prevention1 treatment1 or recovery of health conditions that contribute to maternal mortality and the prevention of maternal mortality and severe maternal morbidity2 7#b7 demonstrate community engagement and participation1 such as through partnerships with home visiting and case management programs2 and 7#c7 provide to the ,secretary such information1 at such time and in such manner1 as the ,secretary may require4 7c7 ,diversity ,in awarding a cooperative agreement under subsection 7a71 the ,secretary shall take into account any regional differences among eligible entities and make an effort to ensure geographic diversity among award recipients4 7d7 ,dissemination of information 7#a7 ,public availability ,the ,secretary shall make publicly available on the internet website of the ,department of ,health and ,human ,services information submitted to the ,secretary under subsection 7b77#c74 7#b7 ,evaluation ,the ,secretary shall evaluate each regional center of excellence established or supported pursuant to subsection 7a7 and disseminate the findings resulting from each such evaluation to the appropriate public and private entities4 7#c7 ,distribution ,the ,secretary shall share evaluations and overall findings with ,state departments of health and other relevant ,state level offices to inform ,state and local best practices4 7e7 ,maternal mortality defined ,in this section1 the term maternal mortality means death of a woman that occurs during pregnancy or within the one-year period following the end of such pregnancy4 7f7 ,authorization of appropriations ,for purposes of carrying out this section1 there is authorized to be appropriated #e1jjj1jjj for each of fiscal years #bjbb through #bjbf4 4 7#g7 ,special supplemental nutrition program for women1 infants1 and children ,section #ag7;d77#c77;,a77ii7 of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aghf7;d77#c77;,a77ii77 is amended-- 7,a7 by striking the clause designation and heading and all that follows through ,a ,state and inserting the following3 7ii7 ,women 7,i7 ,breastfeeding women ,a ,state 2 7,b7 in subclause 7,i7 7as so designated71 by striking #a year and all that follows through earlier and inserting #b years postpartum2 and 7,c7 by adding at the end the following3 7,,ii7 ,postpartum women ,a ,state may elect to certify a postpartum woman for a period of #b years4 4 7#h7 ,definitions ,in this section3 7,a7 ,maternal mortality ,the term maternal mortality means death of a woman that occurs during pregnancy or within the one-year period following the end of such pregnancy4 7,b7 ,severe maternal morbidity ,the term severe maternal morbidity includes unexpected outcomes of labor and delivery that result in significant short-term or long-term consequences to a woman's health4 7d7 ,increasing excise taxes on cigarettes and establishing excise tax equity among all tobacco product tax rates 7#a7 ,tax parity for roll-,your-,own tobacco ,section #egja7;g7 of the ,internal ,revenue ,code of #aihf is amended by striking #bd4gh and inserting #di4ef4 7#b7 ,tax parity for pipe tobacco ,section #egja7;f7 of the ,internal ,revenue ,code of #aihf is amended by striking #b4hcaa cents and inserting #di4ef4 7#c7 ,tax parity for smokeless tobacco 7,a7 ,section #egja7;e7 of the ,internal ,revenue ,code of #aihf is amended-- 7i7 in paragraph 7#a71 by striking #a4ea and inserting #bf4hd2 7ii7 in paragraph 7#b71 by striking #ej4cc cents and inserting #aj4gd2 and 7iii7 by adding at the end the following3 7#c7 ,smokeless tobacco sold in discrete single-use units ,on discrete single-use units1 #ajj4ff per thousand4 4 7,b7 ,section #egjb7m7 of such ,code is amended-- 7i7 in paragraph 7#a71 by striking or chewing tobacco and inserting 1 chewing tobacco1 or discrete single-use unit2 7ii7 in paragraphs 7#b7 and 7#c71 by inserting that is not a discrete single-use unit before the period in each such paragraph2 and 7iii7 by adding at the end the following3 7#d7 ,discrete single-use unit ,the term discrete single-use unit means any product containing tobacco that-- 7,a7 is not intended to be smoked2 and 7,b7 is in the form of a lozenge1 tablet1 pill1 pouch1 dissolvable strip1 or other discrete single-use or single-dose unit4 4 7#d7 ,tax parity for small cigars ,paragraph 7#a7 of section #egja7;a7 of the ,internal ,revenue ,code of #aihf is amended by striking #ej4cc and inserting #ajj4ff4 7#e7 ,tax parity for large cigars 7,a7 ,in general ,paragraph 7#b7 of section #egja7;a7 of the ,internal ,revenue ,code of #aihf is amended by striking #eb4ge percent and all that follows through the period and inserting the following3 #di4ef per pound and a proportionate tax at the like rate on all fractional parts of a pound but not less than #aj4jff cents per cigar44 7,b7 ,guidance ,the ,secretary of the ,treasury1 or the ,secretary's delegate1 may issue guidance regarding the appropriate method for determining the weight of large cigars for purposes of calculating the applicable tax under section #egja7;a77#b7 of the ,internal ,revenue ,code of #aihf4 7#f7 ,tax parity for roll-,your-,own tobacco and certain processed tobacco ,subsection 7o7 of section #egjb of the ,internal ,revenue ,code of #aihf is amended by inserting 1 and includes processed tobacco that is removed for delivery or delivered to a person other than a person with a permit provided under section #egac1 but does not include removals of processed tobacco for exportation after wrappers thereof4 7#g7 ,clarifying tax rate for other tobacco products 7,a7 ,in general ,section #egja of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new subsection3 7i7 ,other tobacco products ,any product not otherwise described under this section that has been determined to be a tobacco product by the ,food and ,drug ,administration through its authorities under the ,family ,smoking ,prevention and ,tobacco ,control ,act shall be taxed at a level of tax equivalent to the tax rate for cigarettes on an estimated per use basis as determined by the ,secretary4 4 7,b7 ,establishing per use basis ,for purposes of section #egja7;i7 of the ,internal ,revenue ,code of #aihf1 not later than #ab months after the later of the date of the enactment of this ,act or the date that a product has been determined to be a tobacco product by the ,food and ,drug ,administration1 the ,secretary of the ,treasury 7or the ,secretary of the ,treasury's delegate7 shall issue final regulations establishing the level of tax for such product that is equivalent to the tax rate for cigarettes on an estimated per use basis4 7#h7 ,clarifying definition of tobacco products 7,a7 ,in general ,subsection 7c7 of section #egjb of the ,internal ,revenue ,code of #aihf is amended to read as follows3 7c7 ,tobacco products ,the term tobacco products means-- 7#a7 cigars1 cigarettes1 smokeless tobacco1 pipe tobacco1 and roll-your-own tobacco1 and 7#b7 any other product subject to tax pursuant to section #egja7;i74 4 7,b7 ,conforming amendments ,subsection 7d7 of section #egjb of such ,code is amended by striking cigars1 cigarettes1 smokeless tobacco1 pipe tobacco1 or roll-your-own tobacco each place it appears and inserting tobacco products4 7#i7 ,increasing tax on cigarettes 7,a7 ,small cigarettes ,section #egja7;b77#a7 of such ,code is amended by striking #ej4cc and inserting #ajj4ff4 7,b7 ,large cigarettes ,section #egja7;b77#b7 of such ,code is amended by striking #aje4fi and inserting #baa4ch4 7#aj7 ,tax rates adjusted for inflation ,section #egja of such ,code1 as amended by subsection 7g71 is amended by adding at the end the following new subsection3 7j7 ,inflation adjustment 7#a7 ,in general ,in the case of any calendar year beginning after #bjba1 the dollar amounts provided under this chapter shall each be increased by an amount equal to-- 7,a7 such dollar amount1 multiplied by 7,b7 the cost-of-living adjustment determined under section #a7;f77#c7 for the calendar year1 determined by substituting #8calendar year #bjag' for #8calendar year #bjaf' in subparagraph 7,a77ii7 thereof4 7#b7 ,rounding ,if any amount as adjusted under paragraph 7#a7 is not a multiple of #j4ja1 such amount shall be rounded to the next highest multiple of #j4ja4 4 7#aa7 ,floor ,stocks ,taxes 7,a7 ,imposition of tax ,on tobacco products manufactured in or imported into the ,united ,states which are removed before any tax increase date and held on such date for sale by any person1 there is hereby imposed a tax in an amount equal to the excess of-- 7i7 the tax which would be imposed under section #egja of the ,internal ,revenue ,code of #aihf on the article if the article had been removed on such date1 over 7ii7 the prior tax 7if any7 imposed under section #egja of such ,code on such article4 7,b7 ,credit against tax ,each person shall be allowed as a credit against the taxes imposed by paragraph 7#a7 an amount equal to #ejj4 ,such credit shall not exceed the amount of taxes imposed by paragraph 7#a7 on such date for which such person is liable4 7,c7 ,liability for tax and method of payment 7i7 ,liability for tax ,a person holding tobacco products on any tax increase date to which any tax imposed by paragraph 7#a7 applies shall be liable for such tax4 7ii7 ,method of payment ,the tax imposed by paragraph 7#a7 shall be paid in such manner as the ,secretary shall prescribe by regulations4 7iii7 ,time for payment ,the tax imposed by paragraph 7#a7 shall be paid on or before the date that is #abj days after the effective date of the tax rate increase4 7,d7 ,articles in foreign trade zones ,notwithstanding the ,act of ,june #ah1 #aicd 7commonly known as the ,foreign ,trade ,zone ,act1 #dh ,stat4 #iih1 #ai ,u4,s4,c4 #ha;a et seq471 or any other provision of law1 any article which is located in a foreign trade zone on any tax increase date shall be subject to the tax imposed by paragraph 7#a7 if-- 7i7 internal revenue taxes have been determined1 or customs duties liquidated1 with respect to such article before such date pursuant to a request made under the #ast proviso of section #c7;a7 of such ,act2 or 7ii7 such article is held on such date under the supervision of an officer of the ,united ,states ,customs and ,border ,protection of the ,department of ,homeland ,security pursuant to the #b;d proviso of such section #c7;a74 7,e7 ,definitions ,for purposes of this subsection-- 7i7 ,in general ,any term used in this subsection which is also used in section #egjb of such ,code shall have the same meaning as such term has in such section4 7ii7 ,tax increase date ,the term tax increase date means the effective date of any increase in any tobacco product excise tax rate pursuant to the amendments made by this section 7other than subsection 7j7 thereof74 7iii7 ,secretary ,the term ,secretary means the ,secretary of the ,treasury or the ,secretary's delegate4 7,f7 ,controlled groups ,rules similar to the rules of section #ejfa7;e77#c7 of such ,code shall apply for purposes of this subsection4 7,g7 ,other laws applicable ,all provisions of law1 including penalties1 applicable with respect to the taxes imposed by section #egja of such ,code shall1 insofar as applicable and not inconsistent with the provisions of this subsection1 apply to the floor stocks taxes imposed by paragraph 7#a71 to the same extent as if such taxes were imposed by such section #egja4 ,the ,secretary may treat any person who bore the ultimate burden of the tax imposed by paragraph 7#a7 as the person to whom a credit or refund under such provisions may be allowed or made4 7#ab7 ,effective dates 7,a7 ,in general ,except as provided in paragraphs 7#b7 through 7#d71 the amendments made by this section shall apply to articles removed 7as defined in section #egjb7;j7 of the ,internal ,revenue ,code of #aihf7 after the last day of the month which includes the date of the enactment of this ,act4 7,b7 ,discrete single-use units and processed tobacco ,the amendments made by subsections 7c77#a77;,c71 7c77#b71 and 7f7 shall apply to articles removed 7as defined in section #egjb7;j7 of the ,internal ,revenue ,code of #aihf7 after the date that is #f months after the date of the enactment of this ,act4 7,c7 ,large cigars ,the amendments made by subsection 7e7 shall apply to articles removed after ,december #ca1 #bjba4 7,d7 ,other tobacco products ,the amendments made by subsection 7g77#a7 shall apply to products removed after the last day of the month which includes the date that the ,secretary of the ,treasury 7or the ,secretary of the ,treasury's delegate7 issues final regulations establishing the level of tax for such product4 #cagejd4 ,allowing for medical assistance under ,medicaid for inmates during #cj-;day period preceding release 7a7 ,in general ,the subdivision 7,a7 following paragraph 7#cj7 of section #aije7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7a77 is amended by inserting and except during the #cj-;day period preceding the date of release of such individual from such public institution after medical institution4 7b7 ,report ,not later than ,june #cj1 #bjbb1 the ,medicaid and ,,chip ,payment and ,access ,commission shall submit a report to ,congress on the ,medicaid inmate exclusion under the subdivision 7,a7 following paragraph 7#cj7 of section #aije7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7a774 ,such report may1 to the extent practicable1 include the following information3 7#a7 ,the number of incarcerated individuals who would otherwise be eligible to enroll for medical assistance under a ,state plan approved under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq47 7or a waiver of such a plan74 7#b7 ,access to health care for incarcerated individuals1 including a description of medical services generally available to incarcerated individuals4 7#c7 ,a description of current practices related to the discharge of incarcerated individuals1 including how prisons interact with ,state ,medicaid agencies to ensure that such individuals who are eligible to enroll for medical assistance under a ,state plan or waiver described in paragraph 7#a7 are so enrolled4 7#d7 ,if determined appropriate by the ,commission1 recommendations for ,congress1 the ,department of ,health and ,human ,services1 or ,states regarding the ,medicaid inmate exclusion4 7#e7 ,any other information that the ,commission determines would be useful to ,congress4 #cageje4 ,providing for immediate ,medicaid eligibility for former foster youth ,section #ajjb7;a77#b7 of the ,,support for ,patients and ,communities ,act 7,public ,law #aae-bga7 is amended by striking ,january #a1 #bjbc and inserting the date of enactment of the ,ending ,health ,disparities ,during ,,covid-#ai ,act of #bjba4 #cagejf4 ,expanded coverage for former foster youth 7a7 ,coverage continuity for former foster care children up to age #bf 7#a7 ,in general ,section #ajjb7;a77#a77;,b7 of the ,,support for ,patients and ,communities ,act 7,public ,law #aae-bga7 is amended by striking all that follows after item 7cc71 and inserting the following3 by striking responsibility of the ,state and all that follows through #dge7h77;,b77iii72 and and inserting responsibility of a ,state on the date of attaining #ah years of age 7or such higher age as such ,state has elected under section #dge7h77;,b77iii771 or who were in such care at any age but subsequently left such care to enter into a legal guardianship with a kinship caregiver 7without regard to whether kinship guardianship payments are being made on behalf of the child under this part7 or were emancipated from such care prior to attaining age #ah24 7#b7 ,amendments to ,social ,security ,act 7,a7 ,in general ,section #aijb7;a77#aj77;,a77i77,,ix7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7a77#aj77;,a77i77,,ix771 as amended by section #ajjb7;a7 of the ,,support for ,patients and ,communities ,act 7,public ,law #aae-bga71 is amended-- 7i7 in item 7bb71 by striking the semicolon at the end and inserting 2 and2 and 7ii7 by striking item 7dd74 7,b7 ,effective date ,the amendments made by this paragraph shall take effect on ,january #a1 #bjbc4 7b7 ,outreach efforts for enrollment of former foster children ,section #aijb7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7a77 is amended-- 7#a7 in paragraph 7#he71 by striking 2 and and inserting a semicolon2 7#b7 in paragraph 7#hf71 by striking the period at the end and inserting 2 and2 and 7#c7 by inserting after paragraph 7#hf7 the following new paragraph3 7#hg7 not later than ,january #a1 #bjba1 establish an outreach and enrollment program1 in coordination with the ,state agency responsible for administering the ,state plan under part ,e of title ,,iv and any other appropriate or interested agencies1 designed to increase the enrollment of individuals who are eligible for medical assistance under the ,state plan under paragraph 7#aj77;,a77i77,,ix7 in accordance with best practices established by the ,secretary4 4 #cagejg4 ,removing citizenship and immigration barriers to access to affordable health care under ,,aca 7a7 ,in general 7#a7 ,premium tax credits ,section #cf;,b of the ,internal ,revenue ,code of #aihf is amended-- 7,a7 in subsection 7c77#a77;,b7-- 7i7 by amending the heading to read as follows3 ,special rule for certain individuals ineligible for ,medicaid due to status1 and 7ii7 in clause 7ii71 by striking lawfully present in the ,united ,states1 but and inserting who1 and 7,b7 by striking subsection 7e74 7#b7 ,cost-sharing reductions ,section #adjb of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjga7 is amended by striking subsection 7e74 7#c7 ,basic health program eligibility ,section #acca7;e77#a77;,b7 of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjea7;e77#a77;,b77 is amended by striking lawfully present in the ,united ,states4 7#d7 ,restrictions on ,federal payments ,section #adab of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjhb7 is amended by striking subsection 7d74 7#e7 ,requirement to maintain minimum essential coverage ,section #ejjj;,a7d7 of the ,internal ,revenue ,code of #aihf is amended by striking paragraph 7#c7 and by redesignating paragraph 7#d7 as paragraph 7#c74 7b7 ,conforming amendments 7#a7 ,section #adaa7;a7 of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjha7;a77 is amended by striking paragraph 7#a7 and redesignating paragraphs 7#b71 7#c71 and 7#d7 as paragraphs 7#a71 7#b71 and 7#c71 respectively4 7#b7 ,section #acab7;f7 of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjcb7;f77 is amended-- 7,a7 in the heading1 by striking 2 access limited to citizens and lawful residents2 and 7,b7 by striking paragraph 7#c74 #cagejh4 ,medicaid in the territories 7a7 ,elimination of general ,medicaid funding limitations 7cap7 for territories 7#a7 ,in general ,section #aajh of the ,social ,security ,act 7#db ,u4,s4,c4 #acjh7 is amended-- 7,a7 in subsection 7f71 in the matter preceding paragraph 7#a71 by striking subsection 7g7 and inserting subsections 7g7 and 7h72 7,b7 in subsection 7g77#b71 in the matter preceding subparagraph 7,a71 by inserting and subsection 7h7 after paragraphs 7#c7 and 7#e72 and 7,c7 by adding at the end the following new subsection3 7h7 ,sunset of ,medicaid funding limitations for ,puerto ,rico1 the ,virgin ,islands of the ,united ,states1 ,guam1 the ,northern ,mariana ,islands1 and ,american ,samoa ,subsections 7f7 and 7g7 shall not apply to ,puerto ,rico1 the ,virgin ,islands of the ,united ,states1 ,guam1 the ,northern ,mariana ,islands1 and ,american ,samoa beginning with fiscal year #bjbb4 4 7#b7 ,conforming amendments 7,a7 ,section #aijb7;j7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7j77 is amended by striking 1 the limitation in section #aajh7;f714 7,b7 ,section #aijc7u7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;b7u77 is amended by striking paragraph 7#d74 7,c7 ,section #acbc7;c77#a7 of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjdc7;c77#a77 is amended by striking #bjai and inserting #bjah4 7#c7 ,effective date ,the amendments made by this section shall apply beginning with fiscal year #bjbb4 7b7 ,elimination of specific ,federal medical assistance percentage 7,,fmap7 limitation for territories ,section #aije7;b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7b77 is amended1 in clause 7#b71 by inserting for fiscal years before fiscal year #bjbj after ,american ,samoa4 7c7 ,application of ,medicaid waiver authority to all of the territories 7#a7 ,in general ,section #aijb7;j7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7j77 is amended-- 7,a7 by striking ,american ,samoa and the ,northern ,mariana ,islands and inserting ,puerto ,rico1 the ,virgin ,islands of the ,united ,states1 ,guam1 the ,northern ,mariana ,islands1 and ,american ,samoa2 7,b7 by striking ,american ,samoa or the ,northern ,mariana ,islands and inserting ,puerto ,rico1 the ,virgin ,islands of the ,united ,states1 ,guam1 the ,northern ,mariana ,islands1 or ,american ,samoa2 7,c7 by inserting 7#a7 after 7j72 7,d7 by inserting except as otherwise provided in this subsection1 after ,notwithstanding any other requirement of this title2 and 7,e7 by adding at the end the following3 7#b7 ,the ,secretary may not waive under this subsection the requirement of subsection 7a77#aj77;,a77i77,,ix7 7relating to coverage of adults formerly under foster care7 with respect to any territory4 4 7#b7 ,effective date ,the amendments made by this section shall apply beginning ,october #a1 #bjbc4 7d7 ,permitting ,medicaid ,,dsh allotments for territories ,section #aibc7;f7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifr-#d7 is amended-- 7#a7 in paragraph 7#f71 by adding at the end the following new subparagraph3 7,c7 ,territories 7i7 ,fiscal year #bjbj ,for fiscal year #bjbj1 the ,,dsh allotment for ,puerto ,rico1 the ,virgin ,islands of the ,united ,states1 ,guam1 the ,northern ,mariana ,islands1 and ,american ,samoa shall bear the same ratio to #cjj1jjj1jjj as the ratio of the number of individuals who are low-income or uninsured and residing in such respective territory 7as estimated from time to time by the ,secretary7 bears to the sums of the number of such individuals residing in all of the territories4 7ii7 ,subsequent fiscal year ,for each subsequent fiscal year1 the ,,dsh allotment for each such territory is subject to an increase in accordance with paragraph 7#b74 2 and 7#b7 in paragraph 7#i71 by inserting before the period at the end the following3 1 and includes1 beginning with fiscal year #bjba1 ,puerto ,rico1 the ,virgin ,islands of the ,united ,states1 ,guam1 the ,northern ,mariana ,islands1 and ,american ,samoa4 #cageji4 ,removing ,medicare barrier to health care 7a7 ,part ,a ,section #ahah7;a77#c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;i-#b7;a77#c77 is amended by striking an alien and all that follows through under this section and inserting an individual who is lawfully present in the ,united ,states4 7b7 ,part ,b ,section #ahcf7b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acieo7#b77 is amended by striking an alien and all that follows through under this part and inserting an individual who is lawfully present in the ,united ,states4 #cageaj4 ,removing barriers to health care and nutrition assistance for children1 pregnant persons1 and lawfully present individuals 7a7 ,medicaid ,section #aijc7v7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;b7v77 is amended by striking paragraph 7#d7 and inserting the following new paragraph3 7#d7 7,a7 ,notwithstanding sections #dja7;a71 #djb7;b71 #djc1 and #dba of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif and paragraph 7#a71 payment shall be made to a ,state under this section for medical assistance furnished to an alien under this title 7including an alien described in such paragraph7 who meets any of the following conditions3 7i7 ,the alien is otherwise eligible for such assistance under the ,state plan approved under this title 7other than the requirement of the receipt of aid or assistance under title ,,iv1 supplemental security income benefits under title ,,xvi1 or a ,state supplementary payment7 within either or both of the following eligibility categories3 7,i7 ,children under #ba years of age1 including any optional targeted low-income child 7as such term is defined in section #aije7u77#b77;,b774 7,,ii7 ,pregnant persons during pregnancy and during the #ab-month period beginning on the last day of the pregnancy4 7ii7 ,the alien is lawfully present in the ,united ,states4 7,b7 ,no debt shall accrue under an affidavit of support against any sponsor of an alien who meets the conditions specified in subparagraph 7,a7 on the basis of the provision of medical assistance to such alien under this paragraph and the cost of such assistance shall not be considered as an unreimbursed cost4 4 7b7 ,,schip ,subparagraph 7,n7 of section #bajg7;e77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;gg7e77#a77 is amended to read as follows3 7,n7 ,paragraph 7#d7 of section #aijc7v7 7relating to coverage of categories of children1 pregnant persons1 and other lawfully present individuals74 4 7c7 ,supplemental nutrition assistance ,notwithstanding sections #dja7;a71 #djb7;a71 and #djc7;a7 of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afaa7;a72 #afab7;a72 #afac7;a77 and section #f7;f7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjae7;f771 persons who are lawfully present in the ,united ,states shall be not be ineligible for benefits under the supplemental nutrition assistance program on the basis of their immigration status or date of entry into the ,united ,states4 7d7 ,eligibility for families with children ,section #dba7;d77#c7 of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afca7;d77#c77 is amended by striking to the extent that a qualified alien is eligible under section #djb7;a77#b77;,j7 and inserting1 to the extent that a child is a member of a household under the supplemental nutrition assistance program4 7e7 ,ensuring proper screening ,section #aa7;e77#b77;,b7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjbj7;e77#b77;,b77 is amended-- 7#a7 by redesignating clauses 7vi7 and 7vii7 as clauses 7vii7 and 7viii72 and 7#b7 by inserting after clause 7v7 the following3 7vi7 shall provide a method for implementing section #dba of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afca7 that does not require any unnecessary information from persons who may be exempt from that provision2 4 #cageaa4 ,repeal of requirement for documentation evidencing citizenship or nationality under the medicaid program 7a7 ,repeal ,subsections 7i77#bb7 and 7x7 of section #aijc of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;b7 are each repealed4 7b7 ,conforming amendments 7#a7 ,state payments for medical assistance ,section #aijb of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7 is amended-- 7,a7 by amending paragraph 7#df7 of subsection 7a7 to read as follows3 7#df7 provide that information is requested and exchanged for purposes of income and eligibility verification in accordance with a ,state system which meets the requirements of section #aacg of this ,act2 2 7,b7 in subsection 7e77#ac77;,a77i7-- 7i7 in the matter preceding subclause 7,i71 by striking sections #aijb7;a77#df77;,b7 and #aacg7;d7 and inserting section #aacg7;d72 and 7ii7 in subclause 7,,iv71 by striking #aijb7;a77#df77;,b7 or2 and 7,c7 by striking subsection 7ee74 7#b7 ,payment to states ,section #aijc of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;b7 is amended-- 7,a7 in subsection 7i71 by redesignating paragraphs 7#bc7 through 7#bf7 as paragraphs 7#bb7 through 7#be71 respectively2 and 7,b7 by redesignating subsections 7y7 and 7z7 as subsections 7x7 and 7y71 respectively4 7#c7 ,repeal ,subsection 7c7 of section #fjcf of the ,deficit ,reduction ,act of #bjje 7#db ,u4,s4,c4 #acif;b note7 is repealed4 7c7 ,effective date ,the amendments made by this section shall take effect as if included in the enactment of the ,deficit ,reduction ,act of #bjje4 #f ,community ,based ,grants #cagfja4 ,grants for racial and ethnic approaches to community health 7a7 ,purpose ,it is the purpose of this section to award grants to assist communities in mobilizing and organizing resources in support of effective and sustainable programs that will reduce or eliminate disparities in health and health care experienced by racial and ethnic minority individuals4 7b7 ,authority ,to ,award ,grants ,the ,secretary of ,health and ,human ,services1 acting through the ,administrator of the ,health ,resources and ,services ,administration 7referred to in this section as the ,secretary71 shall award grants to eligible entities to assist in designing1 implementing1 and evaluating culturally and linguistically appropriate1 science-based1 and community-driven sustainable strategies to eliminate racial and ethnic health and health care disparities4 7c7 ,eligible ,entities ,to be eligible to receive a grant under this section1 an entity shall-- 7#a7 represent a coalition-- 7,a7 whose principal purpose is to develop and implement interventions to reduce or eliminate a health or health care disparity in a targeted racial or ethnic minority group in the community served by the coalition2 and 7,b7 that includes-- 7i7 members selected from among-- 7,i7 public health departments2 7,,ii7 community-based organizations2 7,,iii7 university and research organizations2 7,,iv7 ,indian tribes or tribal organizations 7as such terms are defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd771 the ,indian ,health ,service1 or any other organization that serves ,alaska ,natives2 and 7,v7 interested public or private health care providers or organizations as determined appropriate by the ,secretary2 and 7ii7 at least #a member from a community-based organization that represents the targeted racial or ethnic minority group2 and 7#b7 submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require1 which shall include-- 7,a7 a description of the targeted racial or ethnic populations in the community to be served under the grant2 7,b7 a description of at least #a health disparity that exists in the racial or ethnic targeted populations1 including health issues such as infant mortality1 breast and cervical cancer screening and management1 musculoskeletal diseases and obesity1 prostate cancer screening and management1 cardiovascular disease1 diabetes1 child and adult immunization levels1 oral disease1 or other health priority areas as designated by the ,secretary2 and 7,c7 a demonstration of a proven record of accomplishment of the coalition members in serving and working with the targeted community4 7d7 ,sustainability ,the ,secretary shall give priority to an eligible entity under this section if the entity agrees that1 with respect to the costs to be incurred by the entity in carrying out the activities for which the grant was awarded1 the entity 7and each of the participating partners in the coalition represented by the entity7 will maintain its expenditures of non-,federal funds for such activities at a level that is not less than the level of such expenditures during the fiscal year immediately preceding the first fiscal year for which the grant is awarded4 7e7 ,nonduplication ,any funds provided to an eligible entity through a grant under this section shall-- 7#a7 supplement1 not supplant1 any other ,federal funds made available to the entity for the purposes of this section2 and 7#b7 not be used to duplicate the activities of any other health disparity grant program under this subtitle1 including an amendment made by this subtitle4 7f7 ,technical ,assistance ,the ,secretary may1 either directly or by grant or contract1 provide any entity that receives a grant under this section with technical and other nonfinancial assistance necessary to meet the requirements of this section4 7g7 ,dissemination ,the ,secretary shall encourage and enable eligible entities receiving grants under this section to share best practices1 evaluation results1 and reports with communities not affiliated with such entities1 by using the ,internet1 conferences1 and other pertinent information regarding the projects funded by this section1 including through using outreach efforts of the ,office of ,minority ,health and the ,centers for ,disease ,control and ,prevention4 7h7 ,administrative ,burdens ,the ,secretary shall make every effort to minimize duplicative or unnecessary administrative burdens on eligible entities receiving grants under this section4 7i7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this section4 #cagfjb4 ,grants to promote health for underserved communities ,part ,q of title ,,iii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bhj;g et seq47 is amended by adding at the end the following3 #cii,z-#c4 ,grants to promote health for underserved communities 7a7 ,grants ,authorized ,the ,secretary1 in collaboration with the ,administrator of the ,health ,resources and ,services ,administration and other ,federal officials determined appropriate by the ,secretary1 is authorized to award grants to eligible entities-- 7#a7 to promote health for underserved communities1 with preference given to projects that benefit racial and ethnic minority women1 racial and ethnic minority children1 adolescents1 and lesbian1 gay1 bisexual1 transgender1 queer1 or questioning communities2 and 7#b7 to strengthen health outreach initiatives in medically underserved communities1 including linguistically isolated populations4 7b7 ,use of ,funds ,grants awarded pursuant to subsection 7a7 may be used to support the activities of community health workers1 including such activities-- 7#a7 to educate and provide outreach regarding enrollment in health insurance including the ,state ,children's ,health ,insurance ,program under title ,,xxi of the ,social ,security ,act1 ,medicare under title ,,xviii of such ,act1 and ,medicaid under title ,,xix of such ,act2 7#b7 to educate and provide outreach in a community setting regarding health problems prevalent among underserved communities1 and especially among racial and ethnic minority women1 racial and ethnic minority children1 adolescents1 and lesbian1 gay1 bisexual1 transgender1 queer1 or questioning communities2 7#c7 to educate and provide experiential learning opportunities and target risk factors and healthy behaviors that impede or contribute to achieving positive health outcomes1 including-- 7,a7 healthy nutrition2 7,b7 physical activity2 7,c7 overweight or obesity2 7,d7 tobacco use1 including the use of e-cigarettes and vaping2 7,e7 alcohol and substance use2 7,f7 injury and violence2 7,g7 sexual health2 7,h7 mental health2 7,i7 musculoskeletal health and arthritis2 7,j7 prenatal and postnatal care2 7,k7 dental and oral health2 7,l7 understanding informed consent2 7,m7 stigma2 and 7,n7 environmental hazards2 7#d7 to promote community wellness and awareness2 and 7#e7 to educate and refer target populations to appropriate health care agencies and community-based programs and organizations in order to increase access to quality health care services1 including preventive health services4 7c7 ,application 7#a7 ,in general ,each eligible entity that desires to receive a grant under subsection 7a7 shall submit an application to the ,secretary1 at such time1 in such manner1 and accompanied by such additional information as the ,secretary may require4 7#b7 ,contents ,each application submitted pursuant to paragraph 7#a7 shall-- 7,a7 describe the activities for which assistance under this section is sought2 7,b7 contain an assurance that1 with respect to each community health worker program receiving funds under the grant awarded1 such program provides in-language training and supervision to community health workers to enable such workers to provide authorized program activities in 7at least7 the most commonly used languages within a particular geographic region2 7,c7 contain an assurance that the applicant will evaluate the effectiveness of community health worker programs receiving funds under the grant2 7,d7 contain an assurance that each community health worker program receiving funds under the grant will provide culturally competent services in the linguistic context most appropriate for the individuals served by the program2 7,e7 contain a plan to document and disseminate project descriptions and results to other ,states and organizations as identified by the ,secretary2 and 7,f7 describe plans to enhance the capacity of individuals to utilize health services and health-related social services under ,federal1 ,state1 and local programs by-- 7i7 assisting individuals in establishing eligibility under the programs and in receiving the services or other benefits of the programs2 and 7ii7 providing other services1 as the ,secretary determines to be appropriate1 which may include transportation and translation services4 7d7 ,priority ,in awarding grants under subsection 7a71 the ,secretary shall give priority to those applicants-- 7#a7 who propose to target geographic areas that-- 7,a7 7i7 have a high percentage of residents who are uninsured or underinsured 7if the targeted geographic area is located in a ,state that has elected to make medical assistance available under section #aijb7;a77#aj77;,a77i77,,viii7 of the ,social ,security ,act to individuals described in such section72 7ii7 have a high percentage of underinsured residents in a particular geographic area 7if the targeted geographic area is located in a ,state that has not so elected72 or 7iii7 have a high number of households experiencing extreme poverty2 and 7,b7 have a high percentage of families for whom ,english is not their primary language or including smaller limited-,english-proficient communities within the region that are not otherwise reached by linguistically appropriate health services2 7#b7 with experience in providing health or health-related social services to individuals who are underserved with respect to such services2 and 7#c7 with documented community activity and experience with community health workers4 7e7 ,collaboration with academic institutions ,the ,secretary shall encourage community health worker programs receiving funds under this section to collaborate with academic institutions1 including minority-serving institutions4 ,nothing in this section shall be construed to require such collaboration4 7f7 ,quality assurance and cost effectiveness ,the ,secretary shall establish guidelines for ensuring the quality of the training and supervision of community health workers under the programs funded under this section and for ensuring the cost effectiveness of such programs4 7g7 ,monitoring ,the ,secretary shall monitor community health worker programs identified in approved applications and shall determine whether such programs are in compliance with the guidelines established under subsection 7f74 7h7 ,technical assistance ,the ,secretary may provide technical assistance to community health worker programs identified in approved applications with respect to planning1 developing1 and operating programs under the grant4 7i7 ,report to ,congress 7#a7 ,in general ,not later than #d years after the date on which the ,secretary first awards grants under subsection 7a71 the ,secretary shall submit to ,congress a report regarding the grant project4 7#b7 ,contents ,the report required under paragraph 7#a7 shall include the following3 7,a7 ,a description of the programs for which grant funds were used4 7,b7 ,the number of individuals served4 7,c7 ,an evaluation of-- 7i7 the effectiveness of these programs2 7ii7 the cost of these programs2 and 7iii7 the impact of these programs on the health outcomes of the community residents4 7,d7 ,recommendations for sustaining the community health worker programs developed or assisted under this section4 7,e7 ,recommendations regarding training to enhance career opportunities for community health workers4 7j7 ,definitions ,in this section3 7#a7 ,community health worker ,the term community health worker means an individual who promotes health or nutrition within the community in which the individual resides-- 7,a7 by serving as a liaison between communities and health care agencies2 7,b7 by providing guidance and social assistance to community residents2 7,c7 by enhancing community residents' ability to effectively communicate with health care providers2 7,d7 by providing culturally and linguistically appropriate health or nutrition education2 7,e7 by advocating for individual and community health1 including dental1 oral1 mental1 and environmental health1 or nutrition needs2 7,f7 by taking into consideration the needs of the communities served1 including the prevalence rates of risk factors that impede achieving positive healthy outcomes among women and children1 especially among racial and ethnic minority women and children2 and 7,g7 by providing referral and followup services4 7#b7 ,community setting ,the term community setting means a home or a community organization that serves a population4 7#c7 ,eligible entity ,the term eligible entity means-- 7,a7 a unit of ,state1 territorial1 local1 or ,tribal government 7including a federally recognized ,tribe or ,alaska ,native village72 or 7,b7 a community-based organization4 7#d7 ,medically underserved community ,the term medically underserved community means a community-- 7,a7 that has a substantial number of individuals who are members of a medically underserved population1 as defined by section #ccj7;b77#c72 7,b7 a significant portion of which is a health professional shortage area as designated under section #ccb2 and 7,c7 that includes populations that are linguistically isolated1 such as geographic areas with a shortage of health professionals able to provide linguistically appropriate services4 7#e7 ,support ,the term support means the provision of training1 supervision1 and materials needed to effectively deliver the services described in subsection 7b71 reimbursement for services1 and other benefits4 7k7 ,authorization of ,appropriations ,there are authorized to be appropriated to carry out this section #ae1jjj1jjj for each of fiscal years #bjbb through #bjbh4 4 #cagfjc4 ,addressing ,,covid-#ai health inequities and improving health equity 7a7 ,in general ,not later than #fj days after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services 7referred to in this section as the ,secretary71 acting through the ,director of the ,centers for ,disease ,control and ,prevention1 shall award grants to eligible entities to establish or expand programs to improve health equity regarding ,,covid-#ai and reduce or eliminate inequities1 including racial and ethnic inequities1 in the incidence1 prevalence1 and health outcomes of ,,covid-#ai4 7b7 ,eligibility ,to be eligible to receive a grant under subsection 7a71 an entity shall-- 7#a7 be a nongovernmental entity or consortium of entities that works to improve health and health equity in populations or communities disproportionately affected by adverse health outcomes1 including-- 7,a7 racial and ethnic minority communities2 7,b7 ,indian ,tribes1 ,tribal organizations1 and urban ,indian organizations2 7,c7 people with disabilities2 7,d7 ,english language learners2 7,e7 older adults2 7,f7 low-income communities2 7,g7 justice-involved communities2 7,h7 immigrant communities2 and 7,i7 communities on the basis of their sexual orientation or gender identity2 7#b7 have demonstrated experience in successfully working in and partnering with such communities1 and have an established record of accomplishment in improving health outcomes or preventing1 reducing or eliminating health inequities1 including racial and ethnic inequities1 in those communities2 7#c7 communicate with ,state1 local1 and ,tribal health departments to coordinate grant activities1 as appropriate2 and 7#d7 submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7c7 ,use of funds ,an entity shall use amounts received under grant under this section to establish1 improve upon1 or expand programs to improve health equity regarding ,,covid-#ai and reduce or eliminate inequities1 including racial and ethnic inequities1 in the incidence1 prevalence1 and health outcomes of ,,covid-#ai4 ,such uses may include-- 7#a7 acquiring and distributing medical supplies1 such as personal protective equipment1 to communities that are at an increased risk of ,,covid-#ai2 7#b7 helping people enroll in a health insurance plan that meets minimum essential coverage2 7#c7 increasing the availability of ,,covid-#ai testing and any future ,,covid-#ai treatments or vaccines in communities that are at an increased risk of ,,covid-#ai2 7#d7 aiding communities and individuals in following guidelines and best practices in regards to ,,covid-#ai1 including physical distancing guidelines2 7#e7 helping communities and ,,covid-#ai survivors recover and cope with the long-term health impacts of ,,covid-#ai2 7#f7 addressing social determinants of health1 such as transportation1 nutrition1 housing1 discrimination1 health care access1 including mental health care and substance use disorder prevention1 treatment1 and recovery1 health literacy1 employment status1 and working conditions1 education1 income1 and stress1 that impact ,,covid-#ai incidence1 prevalence1 and health outcomes1 and facilitating or providing access to needed services2 7#g7 the provision of anti-racism and implicit and explicit bias training for health care providers and other relevant professionals2 7#h7 creating and disseminating culturally informed1 linguistically appropriate1 accessible1 and medically accurate outreach and education regarding ,,covid-#ai2 7#i7 acquiring1 retaining1 and training a diverse workforce2 and 7#aj7 improving the accessibility to health care1 including accessibility to health care providers1 mental health care1 and ,,covid-#ai testing for people with disabilities4 7d7 ,administration 7#a7 ,priority ,in awarding grants under this section1 the ,secretary shall give priority to eligible entities that are a community-based organization or have an established history of successfully working in and partnering with the community or with populations which the entity intends to provide services under the grant4 ,the ,secretary shall also utilize available demographic data to give priority to eligible entities working with populations or communities disproportionately affected by ,,covid-#ai4 7#b7 ,geographical diversity ,the ,secretary shall seek to ensure geographical diversity among grant recipients4 7#c7 ,reduction of burdens ,in administering the grant program under this section1 the ,secretary shall make every effort to minimize unnecessary administrative burdens on eligible entities receiving such grants4 7#d7 ,technical assistance ,the ,secretary shall provide technical assistance to eligible entities on best practices for applying grants under this section4 7e7 ,duration ,a grant awarded under this section shall be for a period of #c years4 7f7 ,reporting 7#a7 ,by grantee ,not later than #ahj days after the end of a grant period under this section1 the grantee shall submit to the ,secretary a report on the activities conducted under the grant1 including-- 7,a7 a description of the impact of grant activities1 including on-- 7i7 outreach and education related to ,,covid-#ai2 and 7ii7 improving public health activities related to ,,covid-#ai1 including physical distancing2 7,b7 the number of individuals reached by the activities under the grant and1 to the extent known1 the disaggregated demographic data of such individuals1 such as by race1 ethnicity1 sex 7including sexual orientation and gender identity71 income1 disability status1 or primary language2 and 7,c7 any other information the ,secretary determines is necessary4 7#b7 ,by ,secretary ,not later than #a year after the end of the grant program under this section1 the ,secretary shall submit to ,congress a report on the grant program1 including a summary of the information gathered under paragraph 7#a74 7g7 ,supplement1 not supplant ,grants awarded under this subtitle shall be used to supplement and not supplant any other ,federal funds made available to carry out the activities described in this subtitle4 7h7 ,funding ,out of funds in the ,treasury not otherwise appropriated1 there are appropriated to carry out this section1 #ejj1jjj1jjj for each of fiscal years #bjbb through #bjbd4 #cagfjd4 ,improving social determinants of health 7a7 ,findings ,congress finds the following3 7#a7 ,healthy ,people #bjbj defines social determinants of health as conditions in the environments in which people live1 learn1 work1 play1 worship1 and age that affect a wide range of health1 functioning1 and quality-of-life outcomes and risks4 7#b7 ,one of the overarching goals of ,healthy ,people #bjbj is to create social and physical environments that promote good health for all4 7#c7 ,healthy ,people #bjbj developed a place-based organizing framework1 reflecting five key areas of social determinants of health namely-- 7,a7 economic stability2 7,b7 education2 7,c7 social and community context2 7,d7 health and health care2 and 7,e7 neighborhood and built environment4 7#d7 ,it is estimated that medical care accounts for only #aj to #bj percent of the modifiable contributors to healthy outcomes for a population4 7#e7 ,the ,centers for ,medicare ,medicaid ,services has indicated the importance of the social determinants in its work stating that1 ,as we seek to foster innovation1 rethink rural health1 find solutions to the opioid epidemic1 and continue to put patients first1 we need to take into account social determinants of health and recognize their importance44 7#f7 ,the ,department of ,health and ,human ,services' ,public ,health #c4j initiative recognizes the role of public health in working across sectors on social determinants of health1 as well as the role of public health as chief health strategist in communities4 7#g7 ,through its ,health ,impact in #e ,years initiative1 the ,centers for ,disease ,control and ,prevention has highlighted nonclinical1 community-wide approaches that show positive health impacts1 results within five years1 and cost effectiveness or cost savings over the lifetime of the population or earlier4 7#h7 ,health departments and the ,centers for ,disease ,control and ,prevention are not funded for such cross-cutting work4 7#i7 ,providing grants to public health departments and other eligible entities to coordinate cross-sector collaboration will allow a community-wide1 evidence-based approach to address underlying social determinants of health4 7b7 ,social ,determinants of ,health ,program 7#a7 ,program ,to the extent and in the amounts made available in advance in appropriations ,acts1 the ,director of the ,centers for ,disease ,control and ,prevention 7in this section referred to as the ,director7 shall carry out a program1 to be known as the ,social ,determinants of ,health ,program 7in this section referred to as the ,program71 to achieve the following goals3 7,a7 ,improve health outcomes and reduce health inequities by coordinating social determinants of health activities across the ,centers for ,disease ,control and ,prevention4 7,b7 ,improve the capacity of public health agencies and community organizations to address social determinants of health in communities4 7#b7 ,activities ,to achieve the goals listed in paragraph 7#a71 the ,director shall carry out activities including the following3 7,a7 ,coordinating across the ,centers for ,disease ,control and ,prevention to ensure that relevant programs consider and incorporate social determinants of health in grant awards and other activities4 7,b7 ,awarding grants under subsection 7c7 to ,state1 local1 territorial1 and ,tribal health agencies and organizations1 and to other eligible entities1 to address social determinants of health in target communities4 7,c7 ,awarding grants under subsection 7d7 to nonprofit organizations and public or other nonprofit institutions of higher education-- 7i7 to conduct research on best practices to improve social determinants of health2 7ii7 to provide technical assistance1 training1 and evaluation assistance to grantees under subsection 7c72 and 7iii7 to disseminate best practices to grantees under subsection 7c74 7,d7 ,coordinating1 supporting1 and aligning activities of the ,centers for ,disease ,control and ,prevention related to social determinants of health with activities of other ,federal agencies related to social determinants of health1 including such activities of agencies in the ,department of ,health and ,human ,services such as the ,centers for ,medicare ,medicaid ,services4 7,e7 ,collecting and analyzing data related to the social determinants of health4 7c7 ,grants to address social determinants of health 7#a7 ,in general ,the ,director1 as part of the ,program1 shall award grants to eligible entities to address social determinants of health in their communities4 7#b7 ,eligibility ,to be eligible to apply for a grant under this subsection1 an entity shall be-- 7,a7 a ,state1 local1 territorial1 or ,tribal health agency or organization2 7,b7 a qualified nongovernmental entity1 as defined by the ,director2 or 7,c7 a consortium of entities that includes a ,state1 local1 territorial1 or ,tribal health agency or organization4 7#c7 ,use of funds 7,a7 ,in general ,a grant under this subsection shall be used to address social determinants of health in a target community by designing and implementing innovative1 evidence-based1 cross-sector strategies4 7,b7 ,target community ,for purposes of this subsection1 a target community shall be a ,state1 county1 city1 or other municipality4 7#d7 ,priority ,in awarding grants under this subsection1 the ,director shall prioritize applicants proposing to serve target communities with significant unmet health and social needs1 as defined by the ,director4 7#e7 ,application ,to seek a grant under this subsection1 an eligible entity shall-- 7,a7 submit an application at such time1 in such manner1 and containing such information as the ,director may require2 7,b7 propose a set of activities to address social determinants of health through evidence-based1 cross-sector strategies1 which activities may include-- 7i7 collecting quantifiable data from health care1 social services1 and other entities regarding the most significant gaps in health-promoting social1 economic1 and environmental needs2 7ii7 identifying evidence-based approaches to meeting the nonmedical1 social needs of populations identified by data collection described in clause 7i71 such as unstable housing or inadequate food2 7iii7 developing scalable methods to meet patients' social needs identified in clinical settings or other sites2 7iv7 convening entities such as local and ,state governmental and nongovernmental organizations1 health systems1 payors1 and community-based organizations to review1 plan1 and implement community-wide interventions and strategies to advance health-promoting social conditions2 7v7 monitoring and evaluating the impact of activities funded through the grant on the health and well-being of the residents of the target community and on the cost of health care2 and 7vi7 such other activities as may be specified by the ,director2 7,c7 demonstrate how the eligible entity will collaborate with-- 7i7 health systems2 7ii7 payors1 including1 as appropriate1 medicaid managed care organizations 7as defined in section #aijc7m77#a77;,a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;b7m77#a77;,a7771 ,medicare ,advantage plans under part ,c of title ,,xviii of such ,act 7#db ,u4,s4,c4 #aciew-#ba et seq471 and health insurance issuers and group health plans 7as such terms are defined in section #bgia of the ,public ,health ,service ,act72 7iii7 other relevant stakeholders and initiatives in areas of need1 such as the ,accountable ,health ,communities ,model of the ,centers for ,medicare ,medicaid ,services1 health homes under the ,medicaid program under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq471 community-based organizations1 and human services organizations2 7iv7 other non-health care sector organizations1 including organizations focusing on transportation1 housing1 or food access2 and 7v7 local employers2 and 7,d7 identify key health inequities in the target community and demonstrate how the proposed efforts of the eligible entity would address such inequities4 7#f7 ,monitoring and evaluation ,as a condition of receipt of a grant under this subsection1 a grantee shall agree to submit an annual report to the ,director describing the activities carried out through the grant and the outcomes of such activities4 7#g7 ,independent national evaluation 7,a7 ,in general ,not later than #e years after the first grants are awarded under this subsection1 the ,director shall provide for the commencement of an independent national evaluation of the ,program under this subsection4 7,b7 ,report to ,congress ,not later than #fj days after receiving the results of such independent national evaluation1 the ,director shall report such results to the ,congress4 7d7 ,research and training ,the ,director1 as part of the ,program-- 7#a7 shall award grants to nonprofit organizations and public or other nonprofit institutions of higher education-- 7,a7 to conduct research on best practices to improve social determinants of health2 7,b7 to provide technical assistance1 training1 and evaluation assistance to grantees under subsection 7c72 and 7,c7 to disseminate best practices to grantees under subsection 7c72 and 7#b7 may require a grantee under paragraph 7#a7 to provide technical assistance and capacity building to entities that are eligible entities under subsection 7c7 but not receiving funds through such subsection4 7e7 ,funding 7#a7 ,in general ,there is authorized to be appropriated to carry out this section1 #ej1jjj1jjj for each of fiscal years #bjbb through #bjbh4 7#b7 ,allocation ,of the amount made available to carry out this section for a fiscal year1 not less than #ge percent shall be used for grants under subsections 7c7 and 7d74 #cagfje4 ,funding to ,states1 localities1 and community-based organizations for emergency aid and services 7a7 ,funding for ,states 7#a7 ,increase in funding for ,social ,services ,block ,grant ,program 7,a7 ,appropriation ,out of any money in the ,treasury of the ,united ,states not otherwise appropriated1 there are appropriated #i1fjj1jjj1jjj1 which shall be available for payments under section #bjjb of the ,social ,security ,act4 7,b7 ,deadline for distribution of funds ,within #de days after the date of the enactment of this ,act1 the ,secretary of ,health and ,human ,services shall distribute the funds made available by this paragraph1 which shall be made available to ,states on an emergency basis for immediate obligation and expenditure4 7,c7 ,submission of ,revised ,pre-,expenditure ,report ,within #ij days after a ,state receives funds made available by this paragraph1 the ,state shall submit to the ,secretary a revised pre-expenditure report pursuant to title ,,xx of the ,social ,security ,act that describes how the ,state plans to administer the funds4 7,d7 ,obligation of funds by ,states ,a ,state to which funds made available by this paragraph are distributed shall obligate the funds not later than ,december #ca1 #bjbb4 7,e7 ,expenditure of funds by ,states ,a grantee to which a ,state 7or a subgrantee to which a grantee7 provides funds made available by this paragraph shall expend the funds not later than ,december #ca1 #bjbb4 7#b7 ,rules governing use of additional funds ,a ,state to which funds made available by paragraph 7#a77;,b7 are distributed shall use the funds in accordance with the following3 7,a7 ,purpose 7i7 ,in general ,the ,state shall use the funds only to support the provision of emergency services to disadvantaged children1 families1 and households4 7ii7 ,disadvantaged defined ,in this paragraph1 the term disadvantaged means1 with respect to an entity1 that the entity-- 7,i7 is an individual1 or is located in a community1 that is experiencing material hardship2 7,,ii7 is a household in which there is a child 7as defined in section #ab7;d7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act7 or a child served under section #aa7;a77#a7 of such ,act1 who1 if not for the closure of the school attended by the child during a public health emergency designation and due to concerns about a ,,covid-#ai outbreak1 would receive free or reduced price school meals pursuant to such ,act2 7,,iii7 is an individual1 or is located in a community1 with barriers to employment2 or 7,,iv7 is located in a community that1 as of the date of the enactment of this ,act1 is not experiencing a #ef-;day downward trajectory of-- 7aa7 influenza-like illnesses2 7bb7 ,,covid-like syndromic cases2 7cc7 documented ,,covid-#ai cases2 or 7dd7 positive test results as a percentage of total ,,covid-#ai tests4 7,b7 ,pass-through to local entities 7i7 ,in the case of a ,state in which a county administers or contributes financially to the non-,federal share of the amounts expended in carrying out a ,state program funded under title ,,iv of the ,social ,security ,act1 the ,state may pass funds so made available through to-- 7,i7 the chief elected official of the city or urban county that administers the program2 or 7,,ii7 local government and community-based organizations4 7ii7 ,in the case of any other ,state1 the ,state shall-- 7,i7 pass the funds through to-- 7aa7 7,,aa7 local governments that will expend or distribute the funds in consultation with community-based organizations with experience serving disadvantaged families or individuals2 or 7,,bb7 community-based organizations with experience serving disadvantaged families and individuals2 and 7bb7 sub-,state areas in proportions based on the population of disadvantaged individuals living in the areas2 and 7,,ii7 report to the ,secretary on how the ,state determined the amounts passed through pursuant to this clause4 7,c7 ,methods 7i7 ,in general ,the ,state shall use the funds only for-- 7,i7 administering emergency services2 7,,ii7 providing short-term cash1 non-cash1 or in-kind emergency disaster relief2 7,,iii7 providing services with demonstrated need in accordance with objective criteria that are made available to the public2 7,,iv7 operational costs directly related to providing services described in subclauses 7,i71 7,,ii71 and 7,,iii72 7,v7 local government emergency social service operations2 and 7,,vi7 providing emergency social services to rural and frontier communities that may not have access to other emergency funding streams4 7ii7 ,administering emergency services defined ,in clause 7i71 the term administering emergency services means-- 7,i7 providing basic disaster relief1 economic1 and well-being necessities to ensure communities are able to safely observe shelter-in-place and social distancing orders2 7,,ii7 providing necessary supplies such as masks1 gloves1 and soap1 to protect the public against infectious disease2 and 7,,iii7 connecting individuals1 children1 and families to services or payments for which they may already be eligible4 7,d7 ,prohibitions 7i7 ,no individual eligibility determinations by grantees or subgrantees ,neither a grantee to which the ,state provides the funds nor any subgrantee of such a grantee may exercise individual eligibility determinations for the purpose of administering short-term1 non-cash1 in-kind emergency disaster relief to communities4 7ii7 ,applicability of certain social services block grant funds use limitations ,the ,state shall use the funds subject to the limitations in section #bjje of the ,social ,security ,act1 except that1 for purposes of this clause1 section #bjje7;a77#b7 and #bjje7;a77#h7 of such ,act shall not apply4 7iii7 ,no supplantation of certain ,state funds ,the ,state may use the funds to supplement1 not supplant1 ,state general revenue funds for social services4 7iv7 ,ban on use for certain costs reimbursable by ,,fema ,the ,state may not use the funds for costs that are reimbursable by the ,federal ,emergency ,management ,agency1 under a contract for insurance1 or by self-insurance4 7b7 ,funding for federally recognized ,indian ,tribes and ,tribal organizations 7#a7 ,grants 7,a7 ,in general ,within #ij days after the date of the enactment of this ,act1 the ,secretary of ,health and ,human ,services shall make grants to federally recognized ,indian ,tribes and ,tribal organizations4 7,b7 ,amount of grant ,the amount of the grant for an ,indian ,tribe or ,tribal organization shall bear the same ratio to the amount appropriated by paragraph 7#c7 as the total amount of grants awarded to the ,indian ,tribe or ,tribal organization under the ,low-,income ,home ,energy ,assistance ,act of #aiha and the ,community ,service ,block ,grant for fiscal year #bjba bears to the total amount of grants awarded to all ,indian ,tribes and ,tribal organizations under such ,act and such ,grant for the fiscal year4 7#b7 ,rules governing use of funds ,an entity to which a grant is made under paragraph 7#a7 shall obligate the funds not later than ,december #ca1 #bjba1 and the funds shall be expended by grantees and subgrantees not later than ,december #ca1 #bjbd1 and used in accordance with the following3 7,a7 ,purpose 7i7 ,in general ,the grantee shall use the funds only to support the provision of emergency services to disadvantaged households4 7ii7 ,disadvantaged defined ,in clause 7i71 the term disadvantaged means1 with respect to an entity1 that the entity-- 7,i7 is an individual1 or is located in a community1 that is experiencing material hardship2 7,,ii7 is a household in which there is a child 7as defined in section #ab7;d7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act7 or a child served under section #aa7;a77#a7 of such ,act1 who1 if not for the closure of the school attended by the child during a public health emergency designation and due to concerns about a ,,covid-#ai outbreak1 would receive free or reduced price school meals pursuant to such ,act2 7,,iii7 is an individual1 or is located in a community1 with barriers to employment2 or 7,,iv7 is located in a community that1 as of the date of the enactment of this ,act1 is not experiencing a #ef-;day downward trajectory of-- 7aa7 influenza-like illnesses2 7bb7 ,,covid-like syndromic cases2 7cc7 documented ,,covid-#ai cases2 or 7dd7 positive test results as a percentage of total ,,covid-#ai tests4 7,b7 ,methods 7i7 ,in general ,the grantee shall use the funds only for-- 7,i7 administering emergency services2 7,,ii7 providing short-term1 non-cash1 in-kind emergency disaster relief2 and 7,,iii7 tribal emergency social service operations4 7ii7 ,administering emergency services defined ,in clause 7i71 the term administering emergency services means-- 7,i7 providing basic economic and well-being necessities to ensure communities are able to safely observe shelter-in-place and social distancing orders2 7,,ii7 providing necessary supplies such as masks1 gloves1 and soap1 to protect the public against infectious disease2 and 7,,iii7 connecting individuals1 children1 and families to services or payments for which they may already be eligible4 7,c7 ,prohibitions 7i7 ,no individual eligibility determinations by grantees or subgrantees ,neither the grantee nor any subgrantee may exercise individual eligibility determinations for the purpose of administering short-term1 non-cash1 in-kind emergency disaster relief to communities4 7ii7 ,ban on use for certain costs reimbursable by ,,fema ,the grantee may not use the funds for costs that are reimbursable by the ,federal ,emergency ,management ,agency1 under a contract for insurance1 or by self-insurance4 7#c7 ,appropriation ,out of any money in the ,treasury of the ,united ,states not otherwise appropriated1 there are appropriated to the ,secretary of ,health and ,human ,services #djj1jjj1jjj to carry out this subsection4 #cagfjf4 ,supplemental nutrition assistance program 7a7 ,value of benefits ,notwithstanding any other provision of law1 beginning on ,june #a1 #bjba1 and for each subsequent month through ,september #cj1 #bjba1 the value of benefits determined under section #h7;a7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjag7;a771 and consolidated block grants for ,puerto ,rico and ,american ,samoa determined under section #ai7;a7 of such ,act 7#g ,u4,s4,c4 #bjbh7;a771 shall be calculated using #aae percent of the ,june #bjai value of the thrifty food plan 7as defined in section #c of such ,act 7#g ,u4,s4,c4 #bjab77 if the value of the benefits and block grants would be greater under that calculation than in the absence of this subsection4 7b7 ,minimum amount 7#a7 ,in general ,the minimum value of benefits determined under section #h7;a7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjag7;a77 for a household of not more than #b members shall be #cj4 7#b7 ,effectiveness ,paragraph 7#a7 shall remain in effect until the date on which #h percent of the value of the thrifty food plan for a household containing #a member1 rounded to the nearest whole dollar increment1 is equal to or greater than #cj4 7c7 ,requirements for the ,secretary ,in carrying out this section1 the ,secretary shall-- 7#a7 consider the benefit increases described in each of subsections 7a7 and 7b7 to be a mass change2 7#b7 require a simple process for ,states to notify households of the increase in benefits2 7#c7 consider section #af7;c77#c77;,a7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjbe7;c77#c77;,a77 to apply to any errors in the implementation of this section1 without regard to the #abj-;day limit described in that section2 7#d7 disregard the additional amount of benefits that a household receives as a result of this section in determining the amount of overissuances under section #ac of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjbb72 and 7#e7 set the tolerance level for excluding small errors for the purposes of section #af7;c7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjbe7;c77 at #ej through ,september #cj1 #bjbb4 7d7 ,provisions for impacted workers ,notwithstanding any other provision of law1 the requirements under subsections 7d77#a77;,a77ii7 and 7o7 of section #f of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjae7 shall not be in effect during the period beginning on ,june #a1 #bjbb1 and ending #b years after the date of enactment of this ,act4 7e7 ,administrative expenses 7#a7 ,in general ,for the costs of ,state administrative expenses associated with carrying out this section and administering the supplemental nutrition assistance program established under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq471 the ,secretary shall make available #aej1jjj1jjj for fiscal year #bjbb and #aej1jjj1jjj for fiscal year #bjbd4 7#b7 ,timing for fiscal year #bjbj ,not later than #fj days after the date of the enactment of this ,act1 the ,secretary shall make available to ,states amounts for fiscal year #bjbb under paragraph 7#a74 7#c7 ,allocation of funds ,funds described in paragraph 7#a7 shall be made available as grants to ,state agencies for each fiscal year as follows3 7,a7 #ge percent of the amounts available for each fiscal year shall be allocated to ,states based on the share of each ,state of households that participate in the supplemental nutrition assistance program as reported to the ,department of ,agriculture for the most recent #ab-month period for which data are available1 adjusted by the ,secretary 7as of the date of the enactment of this ,act7 for participation in disaster programs under section #e7;h7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjad7;h772 and 7,b7 #be percent of the amounts available for each fiscal year shall be allocated to ,states based on the increase in the number of households that participate in the supplemental nutrition assistance program as reported to the ,department of ,agriculture over the most recent #ab-month period for which data are available1 adjusted by the ,secretary 7as of the date of the enactment of this ,act7 for participation in disaster programs under section #e7;h7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjad7;h774 7f7 ,snap rules ,no funds 7including fees7 made available under this subtitle or any other ,act for any fiscal year may be used to finalize1 implement1 administer1 enforce1 carry out1 or otherwise give effect to-- 7#a7 the final rule entitled ,supplemental ,nutrition ,assistance ,program3 ,requirements for ,able-,bodied ,adults ,without ,dependents published in the ,federal ,register on ,december #e1 #bjai 7#hd ,fed4 ,reg4 #ffghb72 7#b7 the proposed rule entitled ,revision of ,categorical ,eligibility in the ,supplemental ,nutrition ,assistance ,program 7,,snap7 published in the ,federal ,register on ,july #bd1 #bjai 7#hd ,fed4 ,reg4 #ceegj72 or 7#c7 the proposed rule entitled ,supplemental ,nutrition ,assistance ,program3 ,standardization of ,state ,heating and ,cooling ,standard ,utility ,allowances published in the ,federal ,register on ,october #c1 #bjai 7#hd ,fed4 ,reg4 #ebhji74 7g7 ,certain exclusions from ,,snap income ,a ,federal pandemic unemployment compensation payment made to an individual under section #bajd of the ,,cares ,act 7,public ,law #aaf-acf7 shall not be regarded as income and shall not be regarded as a resource for the month of receipt and the following #i months1 for the purpose of determining eligibility for such individual or any other individual for benefits or assistance1 or the amount of benefits or assistance1 under any programs authorized under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq474 7h7 ,public availability ,not later than #aj days after the date of the receipt or issuance of each document listed below1 the ,secretary shall make publicly available on the website of the ,department of ,agriculture the following documents3 7#a7 ,any ,state agency request to participate in the supplemental nutrition assistance program online program under section #g7k74 7#b7 ,any ,state agency request to waive1 adjust1 or modify statutory or regulatory requirements under the ,food and ,nutrition ,act of #bjjh related to the ,,covid-#ai outbreak4 7#c7 ,the ,secretary's approval or denial of each such request under paragraphs 7#a7 or 7#b74 7i7 ,funding ,there are hereby appropriated to the ,secretary1 out of any money not otherwise appropriated1 such sums as may be necessary to carry out this section4 #g ,culturally and ,linguistically ,competent ,care #caggja4 ,ensuring standards for culturally and linguistically appropriate services in health care 7a7 ,applicability ,this section shall apply to any health program or activity1 any part of which is receiving ,federal financial assistance1 including credits1 subsidies1 or contracts of insurance1 or any program or activity that is administered by an executive agency or any entity established under title ,i of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjja et seq47 7or amendments made thereby74 7b7 ,standards ,each program or activity described in subsection 7a7-- 7#a7 shall implement strategies to recruit1 retain1 and promote individuals at all levels to maintain a diverse staff and leadership that can provide culturally and linguistically appropriate health care to patient populations of the service area of the program or activity2 7#b7 shall educate and train governance1 leadership1 and workforce at all levels and across all disciplines of the program or activity in culturally and linguistically appropriate policies and practices on an ongoing basis at least yearly2 7#c7 shall offer and provide language assistance1 including trained and competent bilingual staff and interpreter services1 to individuals with limited-,english proficiency or who have other communication needs1 at no cost to the individual at all points of contact1 and during all hours of operation1 to facilitate timely access to health care services and health-care-related services2 7#d7 shall for each language group consisting of individuals with limited-,english proficiency that constitutes #e percent or #ejj individuals1 whichever is less1 of the population of persons eligible to be served or likely to be affected or encountered in the service area of the program or activity1 make available at a fifth grade reading level-- 7,a7 easily understood patient-related materials1 including print and multimedia materials1 in the language of such language group2 7,b7 information or notices about termination of benefits in such language2 7,c7 signage2 and 7,d7 any other documents or types of documents designated by the ,secretary2 7#e7 shall develop and implement clear goals1 policies1 operational plans1 and management1 accountability1 and oversight mechanisms to provide culturally and linguistically appropriate services and infuse them throughout the planning and operations of the program or activity2 7#f7 shall conduct initial and ongoing organizational assessments of culturally and linguistically appropriate services-related activities and integrate valid linguistic1 competence-related ,national ,standards for ,culturally and ,linguistically ,appropriate ,services 7,,clas7 measures into the internal audits1 performance improvement programs1 patient satisfaction assessments1 continuous quality improvement activities1 and outcomes-based evaluations of the program or activity and develop ways to standardize the assessments1 and such assessments must occur at least yearly2 7#g7 shall ensure that1 consistent with the privacy protections provided for under the regulations promulgated under section #bfd7;c7 of the ,health ,insurance ,portability and ,accountability ,act of #aiif 7#db ,u4,s4,c4 #acbj-b note71 data on an individual required to be collected pursuant to section #caja1 including the individual's alternative format preferences and policy modification needs1 are-- 7,a7 collected in health records2 7,b7 integrated into the management information systems of the program or activity2 and 7,c7 periodically updated2 7#h7 shall maintain a current demographic1 cultural1 and epidemiological profile of the community1 conduct regular assessments of community health assets and needs1 and use the results of such assessments to accurately plan for and implement services that respond to the cultural and linguistic characteristics of the service area of the program or activity2 7#i7 shall develop participatory1 collaborative partnerships with communities and utilize a variety of formal and informal mechanisms to facilitate community and patient involvement in designing1 implementing1 and evaluating policies and practices to ensure culturally and linguistically appropriate service-related activities2 7#aj7 shall ensure that conflict and grievance resolution processes are culturally and linguistically appropriate and capable of identifying1 preventing1 and resolving cross-cultural conflicts or complaints by patients2 7#aa7 shall regularly make available to the public information about their progress and successful innovations in implementing the standards under this section and provide public notice in their communities about the availability of this information2 and 7#ab7 shall1 if requested1 regularly make available to the head of each ,federal entity from which ,federal funds are provided1 information about the progress and successful innovations of the program or activity in implementing the standards under this section as required by the head of such entity4 7c7 ,comments accepted through notice and comment rulemaking ,an agency carrying out a program described in subsection 7a7 shall ensure that comments with respect to such program that are accepted through notice and comment rulemaking be accepted in all languages1 may not require such comments to be submitted only in ,english1 and must ensure these comments are considered equally as comments submitted in ,english during the agency's review of comments submitted4 #caggjb4 ,culturally and linguistically appropriate health care in the ,public ,health ,service ,act ,title ,,xxxiv of the ,public ,health ,service ,act1 as amended by section #ajd1 is further amended by adding at the end the following3 ,b ,,culturally ,,and ,,linguistically ,,appropriate ,,health ,,care #cdjc4 ,definitions 7a7 ,in general ,in this title3 7#a7 ,bilingual ,the term bilingual1 with respect to an individual1 means a person who has sufficient degree of proficiency in #b languages4 7#b7 ,cultural ,the term cultural means relating to integrated patterns of human behavior that include the language1 thoughts1 communications1 actions1 customs1 beliefs1 values1 and institutions of racial1 ethnic1 religious1 or social groups1 including lesbian1 gay1 bisexual1 transgender1 queer1 and questioning individuals1 and individuals with physical and mental disabilities4 7#c7 ,culturally and linguistically appropriate ,the term culturally and linguistically appropriate means being respectful of and responsive to the cultural and linguistic needs of all individuals4 7#d7 ,effective communication ,the term effective communication means an exchange of information between the provider of health care or health-care-related services and the recipient of such services who is limited in ,english proficiency1 or has a communication impairment such as a hearing1 vision1 speaking1 or learning impairment1 that enables access to1 understanding of1 and benefit from health care or health-care-related services1 and full participation in the development of their treatment plan4 7#e7 ,grievance resolution process ,the term grievance resolution process means all aspects of dispute resolution including filing complaints1 grievance and appeal procedures1 and court action4 7#f7 ,health care group ,the term health care group means a group of physicians organized1 at least in part1 for the purposes of providing physician services under the ,medicaid program under title ,,xix of the ,social ,security ,act1 the ,state ,children's ,health ,insurance ,program under title ,,xxi of such ,act1 or the ,medicare program under title ,,xviii of such ,act and may include a hospital and any other individual or entity furnishing services covered under any such program that is affiliated with the health care group4 7#g7 ,health care services ,the term health care services means services that address physical as well as mental health conditions in all care settings4 7#h7 ,health-care-related services ,the term health-care-related services means human or social services programs or activities that provide access1 referrals1 or links to health care4 7#i7 ,health educator ,the term health educator includes a professional with a baccalaureate degree who is responsible for designing1 implementing1 and evaluating individual and population health promotion and chronic disease prevention programs4 7#aj7 ,indian2 indian tribe ,the terms ,indian and ,indian ,tribe have the meanings given such terms in section #d of the ,indian ,self-,determination and ,education ,assistance ,act4 7#aa7 ,individual with a disability ,the term individual with a disability means any individual who has a disability as defined for the purpose of section #ejd of the ,rehabilitation ,act of #aigc4 7#ab7 ,individual with limited-,english proficiency ,the term individual with limited-,english proficiency means an individual whose primary language for communication is not ,english and who has a limited ability to read1 write1 speak1 or understand ,english4 7#ac7 ,integrated health care delivery system ,the term integrated health care delivery system means an interdisciplinary system that brings together providers from the primary health1 mental health1 substance use disorder1 and related disciplines to improve the health outcomes of an individual4 ,such providers may include hospitals1 health1 mental health1 or substance use disorder clinics and providers1 home health agencies1 ambulatory surgery centers1 skilled nursing facilities1 rehabilitation centers1 and employed1 independent1 or contracted physicians4 7#ad7 ,interpreting2 interpretation ,the terms interpreting and interpretation mean the transmission of a spoken1 written1 or signed message from one language or format into another1 faithfully1 accurately1 and objectively4 7#ae7 ,language access ,the term language access means the provision of language services to an individual with limited-,english proficiency or an individual with communication disabilities designed to enhance that individual's access to1 understanding of1 or benefit from health care services or health-care-related services4 7#af7 ,language assistance services ,the term language assistance services includes-- 7,a7 oral language assistance1 including interpretation in non-,english languages provided in-person or remotely by a qualified interpreter for an individual with limited-,english proficiency1 and the use of qualified bilingual or multilingual staff to communicate directly with individuals with limited-,english proficiency2 7,b7 written translation1 performed by a qualified and competent translator1 of written content in paper or electronic form into languages other than ,english2 and 7,c7 taglines4 7#ag7 ,minority 7,a7 ,in general ,the terms minority and minorities refer to individuals from a minority group4 7,b7 ,populations ,the term minority1 with respect to populations1 refers to racial and ethnic minority groups1 members of sexual and gender minority groups1 and individuals with a disability4 7#ah7 ,minority group ,the term minority group has the meaning given the term racial and ethnic minority group4 7#ai7 ,onsite interpretation ,the term onsite interpretation means a method of interpreting or interpretation for which the interpreter is in the physical presence of the provider of health care services or health-care-related services and the recipient of such services who is limited in ,english proficiency or has a communication impairment such as an impairment in hearing1 vision1 or learning4 7#bj7 ,qualified individual with a disability ,the term qualified individual with a disability means1 with respect to a health program or activity1 an individual with a disability who1 with or without reasonable modifications to policies1 practices1 or procedures1 the removal of architectural1 communication1 or transportation barriers1 or the provision of auxiliary aids and services1 meets the essential eligibility requirements for the receipt of aids1 benefits1 or services offered or provided by the health program or activity4 7#ba7 ,qualified interpreter for an individual with a disability ,the term qualified interpreter for an individual with a disability1 for an individual with a disability-- 7,a7 means an interpreter who by means of a remote interpreting service or an in-side appearance2 7i7 adheres to generally accepted interpreter ethics principles1 including client confidentiality2 and 7ii7 is able to interpret effectively1 accurately1 and impartially1 both receptively and expressively1 using any necessary specialized vocabulary1 terminology1 and phraseology2 and 7,b7 may include sign language interpreters1 oral transliterators 7individuals who represent or spell in the characters of another alphabet71 and cued language transliterators 7individuals who represent or spell by using a small number of handshapes74 7#bb7 ,qualified interpreter for an individual with limited-,english proficiency ,the term qualified interpreter for an individual with limited-,english proficiency means an interpreter who via a remote interpreting service or an on-site appearance-- 7,a7 adheres to generally accepted interpreter ethics principles1 including client confidentiality2 7,b7 has demonstrated proficiency in speaking and understanding both spoken ,english and one or more other spoken languages2 and 7,c7 is able to interpret effectively1 accurately1 and impartially1 both receptively and expressly1 to and from such languages and ,english1 using any necessary specialized vocabulary1 terminology1 and phraseology4 7#bc7 ,qualified translator ,the term qualified translator means a translator who-- 7,a7 adheres to generally accepted translator ethics principles1 including client confidentiality2 7,b7 has demonstrated proficiency in writing and understanding both written ,english and one or more other written non-,english languages2 and 7,c7 is able to translate effectively1 accurately1 and impartially to and from such languages and ,english1 using any necessary specialized vocabulary1 terminology1 and phraseology4 7#bd7 ,racial and ethnic minority group ,the term racial and ethnic minority group means ,indians and ,alaska ,natives1 ,african ,americans 7including ,caribbean ,blacks1 ,africans1 and other ,blacks71 ,asian ,americans1 ,hispanics 7including ,latinos71 and ,native ,hawaiians and other ,pacific ,islanders4 7#be7 ,sexual and gender minority group ,the term sexual and gender minority group encompasses lesbian1 gay1 bisexual1 and transgender populations1 as well as those whose sexual orientation1 gender identity and expression1 or reproductive development varies from traditional1 societal1 cultural1 or physiological norms4 7#bf7 ,sight translation ,the term sight translation means the transmission of a written message in one language into a spoken or signed message in another language1 or an alternative format in ,english or another language4 7#bg7 ,state ,notwithstanding section #b1 the term ,state means each of the several ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 the ,united ,states ,virgin ,islands1 ,guam1 ,american ,samoa1 and the ,commonwealth of the ,northern ,mariana ,islands4 7#bh7 ,telephonic interpretation ,the term telephonic interpretation 7also known as over the phone interpretation or ,,opi7 means1 with respect to interpretation for an individual with limited-,english proficiency1 a method of interpretation in which the interpreter is not in the physical presence of the provider of health care services or health-care-related services and such individual receiving such services1 but the interpreter is connected via telephone4 7#bi7 ,translation ,the term translation means the transmission of a written message in one language into a written or signed message in another language1 and includes translation into another language or alternative format1 such as large print font1 ,braille1 audio recording1 or ,,cd4 7#cj7 ,video remote interpreting services ,the term video remote interpreting services means the provision1 in health care services or health-care-related services1 through a qualified interpreter for an individual with limited-,english proficiency1 of video remote interpreting services that are-- 7,a7 in real-time1 full-motion video1 and audio over a dedicated high-speed1 wide-bandwidth video connection or wireless connection that delivers high quality video images that do not produce lags1 choppy1 blurry1 or grainy images1 or irregular pauses in communication2 and 7,b7 in a sharply delineated image that is large enough to display4 7#ca7 ,vital document ,the term vital document includes applications for government programs that provide health care services1 medical or financial consent forms1 financial assistance documents1 letters containing important information regarding patient instructions 7such as prescriptions1 referrals to other providers1 and discharge plans7 and participation in a program 7such as a ,medicaid managed care program71 notices pertaining to the reduction1 denial1 or termination of services or benefits1 notices of the right to appeal such actions1 and notices advising individuals with limited-,english proficiency with communication disabilities of the availability of free language services1 alternative formats1 and other outreach materials4 7b7 ,reference ,in any reference in this title to a regulatory provision applicable to a handicapped individual1 the term handicapped individual in such provision shall have the same meaning as the term individual with a disability as defined in subsection 7a74 #a ,resources and innovation for culturally and linguistically appropriate health care #cdjd4 ,robert ,t4 ,matsui ,center for ,culturally and ,linguistically ,appropriate ,health ,care 7a7 ,establishment ,the ,secretary1 acting through the ,director of the ,agency for ,healthcare ,research and ,quality1 shall establish and support a center to be known as the ,robert ,t4 ,matsui ,center for ,culturally and ,linguistically ,appropriate ,health ,care 7referred to in this section as the ,center7 to carry out each of the following activities3 7#a7 ,interpretation services ,the ,center shall provide resources via the internet to identify and link health care providers to competent interpreter and translation services4 7#b7 ,translation of written material 7,a7 ,vital documents ,the ,center shall provide1 directly or through contract1 vital documents from competent translation services for providers of health care services and health-care-related services at no cost to such providers4 ,such documents may be submitted by covered entities 7as defined in section #ib4d of title #db1 ,code of ,federal ,regulations1 as in effect on ,may #af1 #bjaf7 for translation into non-,english languages or alternative formats at a fifth-grade reading level4 ,such translation services shall be provided in a timely and reasonable manner4 ,the quality of such translation services shall be monitored and reported publicly4 7,b7 ,forms ,for each form developed or revised by the ,secretary that will be used by individuals with limited-,english proficiency in health care or health-care-related settings1 the ,center shall translate the form1 at a minimum1 into the top #ae non-,english languages in the ,united ,states according to the most recent data from the ,american ,community ,survey or its replacement4 ,the translation shall be completed within #de calendar days of the ,secretary receiving final approval of the form from the ,office of ,management and ,budget4 ,the ,center shall post all translated forms on its website so that other entities may use the same translations4 7#c7 ,toll-free customer service telephone number ,the ,center shall provide1 through a toll-free number1 a customer service line for individuals with limited-,english proficiency-- 7,a7 to obtain information about federally conducted or funded health programs1 including the ,medicare program under title ,,xviii of the ,social ,security ,act1 the ,medicaid program under title ,,xix of such ,act1 and the ,state ,children's ,health ,insurance ,program under title ,,xxi of such ,act1 marketplace coverage available pursuant to title ,,xxvii of this ,act and the ,patient ,protection and ,affordable ,care ,act1 and other sources of free or reduced care including federally qualified health centers1 title ,x clinics1 and public health departments2 7,b7 to obtain assistance with applying for or accessing these programs and understanding ,federal notices written in ,english2 and 7,c7 to learn how to access language services4 7#d7 ,health information clearinghouse 7,a7 ,in general ,the ,center shall develop and maintain an information clearinghouse to facilitate the provision of language services by providers of health care services and health-care-related services to reduce medical errors1 improve medical outcomes1 improve cultural competence1 reduce health care costs caused by miscommunication with individuals with limited-,english proficiency1 and reduce or eliminate the duplication of efforts to translate materials4 ,the clearinghouse shall include the information described in subparagraphs 7,b7 through 7,f7 and make such information available on the internet and in print4 7,b7 ,document templates ,the ,center shall collect and evaluate for accuracy1 develop1 and make available templates for standard documents that are necessary for patients and consumers to access and make educated decisions about their health care1 including templates for each of the following3 7i7 ,administrative and legal documents1 including-- 7,i7 intake forms2 7,,ii7 forms related to the ,medicare program under title ,,xviii of the ,social ,security ,act1 the ,medicaid program under title ,,xix of such ,act1 and the ,state ,children's ,health ,insurance ,program under title ,,xxi of such ,act1 including eligibility information for such programs2 7,,iii7 forms informing patients of the compliance and consent requirements pursuant to the regulations under section #bfd7;c7 of the ,health ,insurance ,portability and ,accountability ,act of #aiif 7#db ,u4,s4,c4 #acbj-b note72 and 7,,iv7 documents concerning informed consent1 advanced directives1 and waivers of rights4 7ii7 ,clinical information1 such as how to take medications1 how to prevent transmission of a contagious disease1 and other prevention and treatment instructions4 7iii7 ,public health1 patient education1 and outreach materials1 such as immunization notices1 health warnings1 or screening notices4 7iv7 ,additional health or health-care-related materials as determined appropriate by the ,director of the ,center4 7,c7 ,structure of forms ,in operating the clearinghouse1 the ,center shall-- 7i7 ensure that the documents posted in ,english and non-,english languages are culturally and linguistically appropriate2 7ii7 allow public review of the documents before dissemination in order to ensure that the documents are understandable and culturally and linguistically appropriate for the target populations2 7iii7 allow health care providers to customize the documents for their use2 7iv7 facilitate access to these documents2 7v7 provide technical assistance with respect to the access and use of such information2 and 7vi7 carry out any other activities the ,secretary determines to be useful to fulfill the purposes of the clearinghouse4 7,d7 ,language assistance programs ,the ,center shall provide for the collection and dissemination of information on current examples of language assistance programs and strategies to improve language services for individuals with limited-,english proficiency1 including case studies using de-identified patient information1 program summaries1 and program evaluations4 7,e7 ,culturally and linguistically appropriate materials ,the ,center shall provide information relating to culturally and linguistically appropriate health care for minority populations residing in the ,united ,states to all health care providers and health-care-related services at no cost4 ,such information shall include-- 7i7 tenets of culturally and linguistically appropriate care2 7ii7 culturally and linguistically appropriate self-assessment tools2 7iii7 culturally and linguistically appropriate training tools2 7iv7 strategic plans to increase cultural and linguistic appropriateness in different types of providers of health care services and health-care-related services1 including regional collaborations among health care organizations2 and 7v7 culturally and linguistically appropriate information for educators1 practitioners1 and researchers4 7,f7 ,translation ,glossaries ,the ,center shall-- 7i7 develop and publish on its website translation glossaries that provide standardized translations of commonly used terms and phrases utilized in documents translated by the ,center2 and 7ii7 make these glossaries available-- 7,i7 free of charge2 7,,ii7 in the #ae languages in which the ,center translates materials2 and 7,,iii7 in alternative formats in accordance with the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq474 7,g7 ,information about progress ,the ,center shall regularly collect and make publicly available information about the progress of entities receiving grants under section #cdjb regarding successful innovations in implementing the obligations under this subsection and provide public notice in the entities' communities about the availability of this information4 7b7 ,director ,the ,center shall be headed by a ,director who shall be appointed by1 and who shall report to1 the ,director of the ,agency for ,healthcare ,research and ,quality4 7c7 ,availability of language access ,the ,director shall collaborate with the ,deputy ,assistant ,secretary for ,minority ,health1 the ,administrator of the ,centers for ,medicare ,medicaid ,services1 and the ,administrator of the ,health ,resources and ,services ,administration to notify health care providers and health care organizations about the availability of language access services by the ,center4 7d7 ,education ,the ,secretary1 directly or through contract1 shall undertake a national education campaign to inform providers1 individuals with limited-,english proficiency1 individuals with hearing or vision impairments1 health professionals1 graduate schools1 and community health centers about-- 7#a7 ,federal and ,state laws and guidelines governing access to language services2 7#b7 the value of using trained and competent interpreters and the risks associated with using family members1 friends1 minors1 and untrained bilingual staff2 7#c7 funding sources for developing and implementing language services2 and 7#d7 promising practices to effectively provide language services4 7e7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section #e1jjj1jjj for each of fiscal years #bjbc through #bjbf4 #cdje4 ,innovations in culturally and linguistically appropriate health care grants 7a7 ,in general 7#a7 ,grants ,the ,secretary1 acting through the ,director of the ,agency for ,healthcare ,research and ,quality1 shall award grants to eligible entities to enable such entities to design1 implement1 and evaluate innovative1 cost-effective programs to improve culturally and linguistically appropriate access to health care services for individuals with limited-,english proficiency4 7#b7 ,coordination ,the ,director of the ,agency for ,healthcare ,research and ,quality shall coordinate with1 and ensure the participation of1 other agencies including the ,health ,resources and ,services ,administration1 the ,national ,institute on ,minority ,health and ,health ,disparities at the ,national ,institutes of ,health1 and the ,office of ,minority ,health1 regarding the design and evaluation of the grants program4 7b7 ,eligibility ,to be eligible to receive a grant under subsection 7a71 an entity shall-- 7#a7 be-- 7,a7 a city1 county1 ,indian ,tribe1 ,state1 or subdivision thereof2 7,b7 an organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and exempt from tax under section #eja7;a7 of such ,code2 7,c7 a community health1 mental health1 or substance use disorder center or clinic2 7,d7 a solo or group physician practice2 7,e7 an integrated health care delivery system2 7,f7 a public hospital2 7,g7 a health care group1 university1 or college2 or 7,h7 any other entity designated by the ,secretary2 and 7#b7 prepare and submit to the ,secretary an application1 at such time1 in such manner1 and containing such additional information as the ,secretary may reasonably require4 7c7 ,use of funds ,an entity shall use funds received through a grant under this section to-- 7#a7 develop1 implement1 and evaluate models of providing competent interpretation services through onsite interpretation1 telephonic interpretation1 or video remote interpreting services2 7#b7 implement strategies to recruit1 retain1 and promote individuals at all levels of the organization to maintain a diverse staff and leadership that can promote and provide language services to patient populations of the service area of the entity2 7#c7 develop and maintain a needs assessment that identifies the current demographic1 cultural1 and epidemiological profile of the community to accurately plan for and implement language services needed in the service area of the entity2 7#d7 develop a strategic plan to implement language services2 7#e7 develop participatory1 collaborative partnerships with communities encompassing the patient populations of individuals with limited-,english proficiency served by the grant to gain input in designing and implementing language services2 7#f7 develop and implement grievance resolution processes that are culturally and linguistically appropriate and capable of identifying1 preventing1 and resolving complaints by individuals with limited-,english proficiency2 7#g7 develop short-term medical and mental health interpretation training courses and incentives for bilingual health care staff who are asked to provide interpretation services in the workplace2 7#h7 develop formal training programs1 including continued professional development and education programs as well as supervision1 for individuals interested in becoming dedicated health care interpreters and culturally and linguistically appropriate providers2 7#i7 provide staff language training instruction1 which shall include information on the practical limitations of such instruction for nonnative speakers2 7#aj7 develop policies that address compensation in salary for staff who receive training to become either a staff interpreter or bilingual provider2 7#aa7 develop other language assistance services as determined appropriate by the ,secretary2 7#ab7 develop1 implement1 and evaluate models of improving cultural competence1 including cultural competence programs for community health workers2 and 7#ac7 ensure that1 consistent with the privacy protections provided for under the regulations promulgated under section #bfd7;c7 of the ,health ,insurance ,portability and ,accountability ,act of #aiif and any applicable ,state privacy laws1 data on the individual patient or recipient's race1 ethnicity1 and primary language are collected 7and periodically updated7 in health records and integrated into the organization's information management systems or any similar system used to store and retrieve data4 7d7 ,priority ,in awarding grants under this section1 the ,secretary shall give priority to entities that primarily engage in providing direct care and that have developed partnerships with community organizations or with agencies with experience in improving language access4 7e7 ,evaluation 7#a7 ,by grantees ,an entity that receives a grant under this section shall submit to the ,secretary an evaluation that describes1 in the manner and to the extent required by the ,secretary1 the activities carried out with funds received under the grant1 and how such activities improved access to health care services and health-care-related services and the quality of health care for individuals with limited-,english proficiency4 ,such evaluation shall be collected and disseminated through the ,robert ,t4 ,matsui ,center for ,culturally and ,linguistically ,appropriate ,health ,care established under section #cdja4 ,the ,director of the ,agency for ,healthcare ,research and ,quality shall notify grantees of the availability of technical assistance for the evaluation and provide such assistance upon request4 7#b7 ,by ,secretary ,the ,director of the ,agency for ,healthcare ,research and ,quality shall evaluate or arrange with other individuals or organizations to evaluate projects funded under this section4 7f7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section1 #e1jjj1jjj for each of fiscal years #bjbb through #bjbf4 #cdjf4 ,research on cultural and language competence 7a7 ,in general ,the ,secretary1 acting through the ,director of the ,agency for ,healthcare ,research and ,quality1 shall expand research concerning language access in the provision of health care services4 7b7 ,eligibility ,the ,director of the ,agency for ,healthcare ,research and ,quality may conduct the research described in subsection 7a7 or enter into contracts with other individuals or organizations to conduct such research4 7c7 ,use of funds ,research conducted under this section shall be designed to do one or more of the following3 7#a7 ,to identify the barriers to mental and behavioral services that are faced by individuals with limited-,english proficiency4 7#b7 ,to identify health care providers' and health administrators' attitudes1 knowledge1 and awareness of the barriers to quality health care services that are faced by individuals with limited-,english proficiency4 7#c7 ,to identify optimal approaches for delivering language access4 7#d7 ,to identify best practices for data collection1 including-- 7,a7 the collection by providers of health care services and health-care-related services of data on the race1 ethnicity1 and primary language of recipients of such services1 taking into account existing research conducted by the ,government or private sector2 7,b7 the development and implementation of data collection and reporting systems2 and 7,c7 effective privacy safeguards for collected data4 7#e7 ,to develop a minimum data collection set for primary language4 7#f7 ,to evaluate the most effective ways in which the ,secretary can create or coordinate1 and subsidize or otherwise fund1 telephonic interpretation services for health care providers1 taking into consideration1 among other factors1 the flexibility necessary for such a system to accommodate variations in-- 7,a7 provider type2 7,b7 languages needed and their frequency of use2 7,c7 type of encounter2 7,d7 time of encounter1 including regular business hours and after hours2 and 7,e7 location of encounter4 7d7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section #e1jjj1jjj for each of fiscal years #bjbb through #bjbf4 4 #caggjc4 ,training tomorrow's doctors for culturally and linguistically appropriate care3 graduate medical education 7a7 ,direct graduate medical education ,section #ahhf7;h77#d7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acieww7h77#d77 is amended by adding at the end the following new subparagraph3 7,l7 ,treatment of culturally and linguistically appropriate training ,in determining a hospital's number of full-time equivalent residents for purposes of this subsection1 all the time that is spent by an intern or resident in an approved medical residency training program for education and training in culturally and linguistically appropriate service delivery1 which shall include all diverse populations including people with disabilities and the ,lesbian1 gay1 bisexual1 transgender1 queer1 questioning1 questioning and intersex 7,,lgbtqia7 community1 shall be counted toward the determination of full-time equivalency4 4 7b7 ,indirect medical education ,section #ahhf7;d77#e77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acieww7d77#e77;,b77 is amended-- 7#a7 by redesignating the clause 7x7 added by section #eeje7;b7 of the ,patient ,protection and ,affordable ,care ,act as clause 7xi72 and 7#b7 by adding at the end the following new clause3 7xii7 ,the provisions of subparagraph 7,l7 of subsection 7h77#d7 shall apply under this subparagraph in the same manner as they apply under such subsection4 4 7c7 ,effective date ,the amendments made by subsections 7a7 and 7b7 shall apply with respect to payments made to hospitals on or after the date that is one year after the date of the enactment of this ,act4 #caggjd4 ,federal reimbursement for culturally and linguistically appropriate services under the ,medicare1 ,medicaid1 and ,state ,children's ,health ,insurance ,programs 7a7 ,language ,access grants for ,medicare ,providers 7#a7 ,establishment 7,a7 ,in general ,not later than #f months after the date of the enactment of this ,act1 the ,secretary of ,health and ,human ,services1 acting through the ,centers for ,medicare ,medicaid ,services and in consultation with the ,center for ,medicare and ,medicaid ,innovation 7as referred to in section #aaae;,a of the ,social ,security ,act 7#db ,u4,s4,c4 #acae;a771 shall establish a demonstration program under which the ,secretary shall award grants to eligible ,medicare service providers to improve communication between such providers and ,medicare beneficiaries who are limited ,english proficient1 including beneficiaries who live in diverse and underserved communities4 7,b7 ,application of innovation rules ,the demonstration project under subparagraph 7,a7 shall be conducted in a manner that is consistent with the applicable provisions of subsections 7b71 7c71 and 7d7 of section #aaae;,a of the ,social ,security ,act 7#db ,u4,s4,c4 #acae;a74 7,c7 ,number of grants ,to the extent practicable1 the ,secretary shall award not less than #bd grants under this subsection4 7,d7 ,grant period ,except as provided under paragraph 7#b77;,d71 each grant awarded under this subsection shall be for a #c-year period4 7#b7 ,eligibility requirements ,to be eligible for a grant under this subsection1 an entity must meet the following requirements3 7,a7 ,medicare provider ,the entity must be-- 7i7 a provider of services under part ,a of title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;c et seq472 7ii7 a provider of services under part ,b of such title 7#db ,u4,s4,c4 #acie;j et seq472 7iii7 a ,medicare ,advantage organization offering a ,medicare ,advantage plan under part ,c of such title 7#db ,u4,s4,c4 #aciew-#ba et seq472 or 7iv7 a ,,pdp sponsor offering a prescription drug plan under part ,d of such title 7#db ,u4,s4,c4 #aciew-#aja et seq474 7,b7 ,underserved communities ,the entity must serve a community that1 with respect to necessary language services for improving access and utilization of health care among ,english learners1 is disproportionally underserved4 7,c7 ,application ,the entity must prepare and submit to the ,secretary an application1 at such time1 in such manner1 and accompanied by such additional information as the ,secretary may require4 7,d7 ,reporting ,in the case of a grantee that received a grant under this subsection in a previous year1 such grantee is only eligible for continued payments under a grant under this subsection if the grantee met the reporting requirements under paragraph 7#i7 for such year4 ,if a grantee fails to meet the requirement of such paragraph for the first year of a grant1 the ,secretary may terminate the grant and solicit applications from new grantees to participate in the demonstration program4 7#c7 ,distribution ,to the extent feasible1 the ,secretary shall award-- 7,a7 at least #f grants to providers of services described in paragraph 7#b77;,a77i72 7,b7 at least #f grants to service providers described in paragraph 7#b77;,a77ii72 7,c7 at least #f grants to organizations described in paragraph 7#b77;,a77iii72 and 7,d7 at least #f grants to sponsors described in paragraph 7#b77;,a77iv74 7#d7 ,considerations in awarding grants 7,a7 ,variation in grantees ,in awarding grants under this subsection1 the ,secretary shall select grantees to ensure the following3 7i7 ,the grantees provide many different types of language services4 7ii7 ,the grantees serve ,medicare beneficiaries who speak different languages1 and who1 as a population1 have differing needs for language services4 7iii7 ,the grantees serve ,medicare beneficiaries in both urban and rural settings4 7iv7 ,the grantees serve ,medicare beneficiaries in at least two geographic regions1 as defined by the ,secretary4 7v7 ,the grantees serve ,medicare beneficiaries in at least two large metropolitan statistical areas with racial1 ethnic1 sexual1 gender1 disability1 and economically diverse populations4 7,b7 ,priority for partnerships with community organizations and agencies ,in awarding grants under this subsection1 the ,secretary shall give priority to eligible entities that have a partnership with-- 7i7 a community organization2 or 7ii7 a consortia of community organizations1 ,state agencies1 and local agencies1 that has experience in providing language services4 7#e7 ,use of funds for competent language services 7,a7 ,in general ,subject to subparagraph 7,e71 a grantee may only use grant funds received under this subsection to pay for the provision of competent language services to ,medicare beneficiaries who are ,english learners4 7,b7 ,competent language services defined ,for purposes of this subsection1 the term competent language services means-- 7i7 interpreter and translation services that-- 7,i7 subject to the exceptions under subparagraph 7,c7-- 7aa7 if the grantee operates in a ,state that has statewide health care interpreter standards1 meet the ,state standards currently in effect2 or 7bb7 if the grantee operates in a ,state that does not have statewide health care interpreter standards1 utilizes competent interpreters who follow the ,national ,council on ,interpreting in ,health ,care's ,code of ,ethics and ,standards of ,practice and comply with the requirements of section #aeeg of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahaaf7 as published in the ,federal ,register on ,may #ah1 #bjaf2 and 7,,ii7 that1 in the case of interpreter services1 are provided through-- 7aa7 onsite interpretation2 7bb7 telephonic interpretation2 or 7cc7 video interpretation2 and 7ii7 the direct provision of health care or health-care-related services by a competent bilingual health care provider4 7,c7 ,exceptions ,the requirements of subparagraph 7,b77i77,i7 do not apply1 with respect to interpreter and translation services and a grantee-- 7i7 in the case of a ,medicare beneficiary who is an ,english learner if-- 7,i7 such beneficiary has been informed1 in the beneficiary's primary language1 of the availability of free interpreter and translation services and the beneficiary instead requests that a family member1 friend1 or other person provide such services2 and 7,,ii7 the grantee documents such request in the beneficiary's medical record2 or 7ii7 in the case of a medical emergency where the delay directly associated with obtaining a competent interpreter or translation services would jeopardize the health of the patient4 ,clause 7ii7 shall not be construed to exempt emergency rooms or similar entities that regularly provide health care services in medical emergencies to patients who are ,english learners from any applicable legal or regulatory requirements related to providing competent interpreter and translation services without undue delay4 7,d7 ,medicare advantage organizations and ,,pdp sponsors ,if a grantee is a ,medicare ,advantage organization offering a ,medicare ,advantage plan under part ,c of title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#ba et seq47 or a ,,pdp sponsor offering a prescription drug plan under part ,d of such title 7#db ,u4,s4,c4 #aciew-#aja et seq471 such entity must provide at least #ej percent of the grant funds that the entity receives under this subsection directly to the entity's network providers 7including all health providers and pharmacists7 for the purpose of providing support for such providers to provide competent language services to ,medicare beneficiaries who are ,english learners4 7,e7 ,administrative and reporting costs ,a grantee may use up to #aj percent of the grant funds to pay for administrative costs associated with the provision of competent language services and for reporting required under paragraph 7#i74 7#f7 ,determination of amount of grant payments 7,a7 ,in general ,payments to grantees under this subsection shall be calculated based on the estimated numbers of ,medicare beneficiaries who are ,english learners in a grantee's service area utilizing-- 7i7 data on the numbers of ,english learners who speak ,english less than very well from the most recently available data from the ,bureau of the ,census or other ,state-based study the ,secretary determines likely to yield accurate data regarding the number of such individuals in such service area2 or 7ii7 data provided by the grantee1 if the grantee routinely collects data on the primary language of the ,medicare beneficiaries that the grantee serves and the ,secretary determines that the data is accurate and shows a greater number of ,english learners than would be estimated using the data under clause 7i74 7,b7 ,discretion of ,secretary ,subject to subparagraph 7,c71 the amount of payment made to a grantee under this subsection may be modified annually at the discretion of the ,secretary1 based on changes in the data under subparagraph 7,a7 with respect to the service area of a grantee for the year4 7,c7 ,limitation on amount ,the amount of a grant made under this subsection to a grantee may not exceed #ejj1jjj for the period under paragraph 7#a77;,d74 7#g7 ,assurances ,grantees under this subsection shall1 as a condition of receiving a grant under this subsection-- 7,a7 ensure that clinical and support staff receive appropriate ongoing education and training in linguistically appropriate service delivery2 7,b7 ensure the linguistic competence of bilingual providers2 7,c7 offer and provide appropriate language services at no additional charge to each patient who is an ,english learner for all points of contact between the patient and the grantee1 in a timely manner during all hours of operation2 7,d7 notify ,medicare beneficiaries of their right to receive language services in their primary language2 7,e7 post signage in the primary languages commonly used by the patient population in the service area of the organization2 and 7,f7 ensure that-- 7i7 primary language data are collected for recipients of language services and such data are consistent with standards developed under title ,,xxxiv of the ,public ,health ,service ,act1 as added by section #cagbjb of this subtitle1 to the extent such standards are available upon the initiation of the demonstration program2 and 7ii7 consistent with the privacy protections provided under the regulations promulgated pursuant to section #bfd7;c7 of the ,health ,insurance ,portability and ,accountability ,act of #aiif 7#db ,u4,s4,c4 #acbj;d-#b note71 if the recipient of language services is a minor or is incapacitated1 primary language data are collected on the parent or legal guardian of such recipient4 7#h7 ,no ,cost ,sharing ,medicare beneficiaries who are ,english learners shall not have to pay cost sharing or co-payments for competent language services provided under this demonstration program4 7#i7 ,reporting ,requirements for grantees ,not later than the end of each calendar year1 a grantee that receives funds under this subsection in such year shall submit to the ,secretary a report that includes the following information3 7,a7 ,the number of ,medicare beneficiaries to whom competent language services are provided4 7,b7 ,the primary languages of those ,medicare beneficiaries4 7,c7 ,the types of language services provided to such beneficiaries4 7,d7 ,whether such language services were provided by employees of the grantee or through a contract with external contractors or agencies4 7,e7 ,the types of interpretation services provided to such beneficiaries1 and the approximate length of time such service is provided to such beneficiaries4 7,f7 ,the costs of providing competent language services4 7,g7 ,an account of the training or accreditation of bilingual staff1 interpreters1 and translators providing services funded by the grant under this subsection4 7#aj7 ,evaluation and report to ,congress ,not later than #a year after the completion of a #c-year grant under this subsection1 the ,secretary shall conduct an evaluation of the demonstration program under this subsection and shall submit to the ,congress a report that includes the following3 7,a7 ,an analysis of the patient outcomes and the costs of furnishing care to the ,medicare beneficiaries who are ,english learners participating in the project as compared to such outcomes and costs for such ,medicare beneficiaries not participating1 based on the data provided under paragraph 7#i7 and any other information available to the ,secretary4 7,b7 ,the effect of delivering language services on-- 7i7 ,medicare beneficiary access to care and utilization of services2 7ii7 the efficiency and cost effectiveness of health care delivery2 7iii7 patient satisfaction2 7iv7 health outcomes2 and 7v7 the provision of culturally appropriate services provided to such beneficiaries4 7,c7 ,the extent to which bilingual staff1 interpreters1 and translators providing services under such demonstration were trained or accredited and the nature of accreditation or training needed by type of provider1 service1 or other category as determined by the ,secretary to ensure the provision of high-quality interpretation1 translation1 or other language services to ,medicare beneficiaries if such services are expanded pursuant to section #aaae;,a7c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acae;a7c774 7,d7 ,recommendations1 if any1 regarding the extension of such project to the entire ,medicare ,program1 subject to the provisions of such section #aaae;,a7c74 7#aa7 ,appropriations ,there is appropriated to carry out this subsection1 in equal parts from the ,federal ,hospital ,insurance ,trust ,fund under section #ahag of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;i7 and the ,federal ,supplementary ,medical ,insurance ,trust ,fund under section #ahda of such ,act 7#db ,u4,s4,c4 #aciet71 #af1jjj1jjj for each fiscal year of the demonstration program4 7#ab7 ,english learner defined ,in this subsection1 the term ,english learner has the meaning given such term in section #haja7bj7 of the ,elementary and ,secondary ,education ,act of #aife1 except that subparagraphs 7,a71 7,b71 and 7,d7 of such section shall not apply4 7b7 ,language assistance services under the ,medicare program 7#a7 ,inclusion as rural health clinic services ,section #ahfa of the ,social ,security ,act 7#db ,u4,s4,c4 #aciex7 is amended-- 7,a7 in subsection 7aa77#a7-- 7i7 in subparagraph 7,b71 by striking and at the end2 7ii7 by adding and at the end of subparagraph 7,c72 and 7iii7 by inserting after subparagraph 7,c7 the following new subparagraph3 7,d7 language assistance services as defined in subsection 7jjj77#a71 2 and 7,b7 by adding at the end the following new subsection3 7kkk7 ,language assistance services and related terms 7#a7 ,the term language assistance services means language access or language assistance services 7as those terms are defined in section #cdjj of the ,public ,health ,service ,act7 furnished by a qualified interpreter for an individual with limited-,english proficiency or a qualified translator 7as those terms are defined in such section #cdjj7 to an individual with limited ,english proficiency 7as defined in such section #cdjj7 or an ,english learner 7as defined in paragraph 7#b774 7#b7 ,the term ,english learner has the meaning given that term in section #haja7bj7 of the ,elementary and ,secondary ,education ,act of #aife1 except that subparagraphs 7,a71 7,b71 and 7,d7 of such section shall not apply4 4 7#b7 ,coverage ,section #ahcb7;a77#b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciek7a77#b77 is amended-- 7,a7 by striking and at the end of subparagraph 7,i72 7,b7 by striking the period at the end of subparagraph 7,j7 and inserting 2 and2 and 7,c7 by adding at the end the following new subparagraph3 7,k7 language assistance services 7as defined in section #ahfa7;jjj77#a774 4 7#c7 ,payment ,section #ahcc7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciel7a77 is amended-- 7,a7 by striking and at the end of paragraph 7#h72 7,b7 by striking the period at the end of paragraph 7#i7 and inserting 2 and2 and 7,c7 by inserting after paragraph 7#i7 the following new paragraph3 7#aj7 in the case of language assistance services 7as defined in section #ahfa7;jjj77#a771 #ajj percent of the reasonable charges for such services1 as determined in consultation with the ,medicare ,payment ,advisory ,commission4 4 7#d7 ,waiver of budget neutrality ,for the #c-year period beginning on the date of enactment of this section1 the budget neutrality provision of section #ahdh7;c77#b77;,b77ii7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#d7;c77#b77;,b77ii77 shall not apply with respect to language assistance services 7as defined in section #ahfa7kkk77#a7 of such ,act74 7c7 ,medicare parts ,c and ,d 7#a7 ,in general ,medicare ,advantage plans under part ,c of title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#ba et seq47 and prescription drug plans under part ,d of such title 7#db ,u4,s4,c4 #acieq-#aja7 shall comply with title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq47 and section #aeeg of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahaaf7 to provide effective language services to enrollees of such plans4 7#b7 ,medicare ,advantage plans and prescription drug plans reporting requirement ,section #aheg7;e7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#bg7;e77 is amended by adding at the end the following new paragraph3 7#e7 ,reporting requirements relating to effective language services ,a contract under this part shall require a ,medicare ,advantage organization 7and1 through application of section #ahfj;,d-#ab7;b77#c77;,d71 a contract under section #ahfj;,d-#ab shall require a ,,pdp sponsor7 to annually submit 7for each year of the contract7 a report that contains information on the internal policies and procedures of the organization 7or sponsor7 related to recruitment and retention efforts directed to workforce diversity and linguistically and culturally appropriate provision of services in each of the following contexts3 7,a7 ,the collection of data in a manner that meets the requirements of title ,i of the ,ending ,health ,disparities ,during ,,covid-#ai ,act of #bjba1 regarding the enrollee population4 7,b7 ,education of staff and contractors who have routine contact with enrollees regarding the various needs of the diverse enrollee population4 7,c7 ,evaluation of the language services programs and services offered by the organization 7or sponsor7 with respect to the enrollee population1 such as through analysis of complaints or satisfaction survey results4 7,d7 ,methods by which the plan provides to the ,secretary information regarding the ethnic diversity of the enrollee population4 7,e7 ,the periodic provision of educational information to plan enrollees on the language services and programs offered by the organization 7or sponsor74 4 7d7 ,improving language services in ,medicaid and ,,chip 7#a7 ,payments to ,states ,section #aijc7;a77#b77;,e7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;b7a77#b77;,e771 as amended by section #bjc7;g77#c71 is further amended by-- 7,a7 striking #ge and inserting #ie2 7,b7 striking translation or interpretation services and inserting language assistance services2 and 7,c7 striking children of families and inserting individuals4 7#b7 ,state plan requirements ,section #aijb7;a77#aj77;,a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7a77#aj77;,a77 is amended by striking and 7#bi7 and inserting 7#bi71 and 7#cj74 7#c7 ,definition of medical assistance ,section #aije7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7a77 is amended by-- 7,a7 in paragraph 7#bi71 by striking and at the end2 7,b7 by redesignating paragraph 7#cj7 as paragraph 7#ca72 and 7,c7 by inserting after paragraph 7#bi7 the following new paragraph3 7#cj7 language assistance services1 as such term is defined in section #ahfa7kkk77#a71 provided in a timely manner to individuals with limited-,english proficiency as defined in section #cdjj of the ,public ,health ,service ,act2 and 4 7#d7 ,use of deductions and cost sharing ,section #aiaf7;a77#b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifo7a77#b77 is amended by-- 7,a7 by striking or at the end of subparagraph 7,d72 7,b7 by striking 2 and at the end of subparagraph 7,e7 and inserting 1 or2 and 7,c7 by adding at the end the following new subparagraph3 7,f7 language assistance services described in section #aije7;a77#bi72 and 4 7#e7 ,,chip coverage requirements ,section #bajc of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;cc7 is amended-- 7,a7 in subsection 7a71 in the matter before paragraph 7#a71 by striking and 7#g7 and inserting 7#g71 and 7#aj72 and 7,b7 in subsection 7c71 by adding at the end the following new paragraph3 7#aj7 ,language assistance services ,the child health assistance provided to a targeted low-income child shall include coverage of language assistance services1 as such term is defined in section #ahfa7;jjj77#a71 provided in a timely manner to individuals with limited-,english proficiency 7as defined in section #cdjj of the ,public ,health ,service ,act74 2 and 7,c7 in subsection 7e77#b7-- 7i7 in the heading1 by striking preventive and inserting certain2 and 7ii7 by inserting or subsection 7c77#aj7 after subsection 7c77#a77;,d74 7#f7 ,definition of child health assistance ,section #baaj7;a77#bg7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;jj7a77#bg77 is amended by striking translation and inserting language assistance services as described in section #bajc7;c77#aj74 7#g7 ,state data collection ,pursuant to the reporting requirement described in section #bajg7;b77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;gg7b77#a771 the ,secretary of ,health and ,human ,services shall require that ,states collect data on-- 7,a7 the primary language of individuals receiving child health assistance under title ,,xxi of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;aa et seq472 and 7,b7 in the case of such individuals who are minors or incapacitated1 the primary language of the individual's parent or guardian4 7#h7 ,,chip payments to ,states ,section #baje of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;ee7 is amended-- 7,a7 in subsection 7a77#a71 by striking #ge and inserting #ij2 and 7,b7 in subsection 7c77#b77;,a71 by inserting before the period at the end the following3 1 except that expenditures pursuant to clause 7iv7 of subparagraph 7,d7 of such paragraph shall not count towards this total4 7e7 ,funding language assistance services furnished by providers of health care and health-,care-,related services that serve high rates of uninsured ,,lep individuals 7#a7 ,payment of costs 7,a7 ,in general ,subject to subparagraph 7,b71 the ,secretary of ,health and ,human ,services 7referred to in this subsection as the ,secretary7 shall make payments 7on a quarterly basis7 directly to eligible entities to support the provision of language assistance services to ,english learners in an amount equal to an eligible entity's eligible costs for providing such services for the quarter4 7,b7 ,funding ,out of any funds in the ,treasury not otherwise appropriated1 there are appropriated to the ,secretary of ,health and ,human ,services such sums as may be necessary for each of fiscal years #bjbc through #bjbg4 7,c7 ,relation to ,medicaid ,,dsh ,payments under this subsection shall not offset or reduce payments under section #aibc of the ,social ,security ,act 7#db ,u4,s4,c4 #acifr-#d71 nor shall payments under such section be considered when determining uncompensated costs associated with the provision of language assistance services for the purposes of this section4 7#b7 ,methodology for payment of claims 7,a7 ,in general ,the ,secretary shall establish a methodology to determine the average per person cost of language assistance services4 7,b7 ,different entities ,in establishing such methodology1 the ,secretary may establish different methodologies for different types of eligible entities4 7,c7 ,no individual claims ,the ,secretary may not require eligible entities to submit individual claims for language assistance services for individual patients as a requirement for payment under this subsection4 7#c7 ,data collection instrument ,for purposes of this subsection1 the ,secretary shall create a standard data collection instrument that is consistent with any existing reporting requirements by the ,secretary or relevant accrediting organizations regarding the number of individuals to whom language access are provided4 7#d7 ,guidelines ,not later than #f months after the date of enactment of this ,act1 the ,secretary shall establish and distribute guidelines concerning the implementation of this subsection4 7#e7 ,reporting requirements 7,a7 ,report to ,secretary ,entities receiving payment under this subsection shall provide the ,secretary with a quarterly report on how the entity used such funds4 ,such report shall contain aggregate 7and may not contain individualized7 data collected using the instrument under paragraph 7#c7 and shall otherwise be in a form and manner determined by the ,secretary4 7,b7 ,report to ,congress ,not later than #b years after the date of enactment of this ,act1 and every #b years thereafter1 the ,secretary shall submit a report to ,congress concerning the implementation of this subsection4 7#f7 ,definitions ,in this subsection3 7,a7 ,eligible costs ,the term eligible costs means1 with respect to an eligible entity that provides language assistance services to ,english learners1 the product of-- 7i7 the average per person cost of language assistance services1 determined according to the methodology devised under paragraph 7#b72 and 7ii7 the number of ,english learners who are provided language assistance services by the entity and for whom no reimbursement is available for such services under the amendments made by subsections 7a71 7b71 7c71 or 7d7 or by private health insurance4 7,b7 ,eligible entity ,the term eligible entity means an entity that-- 7i7 is a ,medicaid provider that is-- 7,i7 a physician2 7,,ii7 a hospital with a low-income utilization rate 7as defined in section #aibc7;b77#c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifr-#d7;b77#c777 of greater than #be percent2 or 7,,iii7 a federally qualified health center 7as defined in section #aije7l77#b77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7l77#b77;,b7772 7ii7 not later than #f months after the date of the enactment of this ,act1 provides language assistance services to not less than #h percent of the entity's total number of patients2 and 7iii7 prepares and submits an application to the ,secretary1 at such time1 in such manner1 and accompanied by such information as the ,secretary may require1 to ascertain the entity's eligibility for funding under this subsection4 7,c7 ,english learner ,the term ,english learner has the meaning given such term in section #haja7bj7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja7bj771 except that subparagraphs 7,a71 7,b71 and 7,d7 of such section shall not apply4 7,d7 ,language assistance services ,the term language assistance services has the meaning given such term in section #ahfa7kkk77#a7 of the ,social ,security ,act1 as added by subsection 7b74 7f7 ,application of ,civil ,rights ,act of #aifd1 section #aeeg of the ,affordable ,care ,act1 and other laws ,nothing in this section shall be construed to limit otherwise existing obligations of recipients of ,federal financial assistance under title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq471 section #aeeg of the ,affordable ,care ,act1 or other laws that protect the civil rights of individuals4 7g7 ,effective date 7#a7 ,in general ,except as otherwise provided and subject to paragraph 7#b71 the amendments made by this section shall take effect on ,january #a1 #bjbc4 7#b7 ,exception if ,state legislation required ,in the case of a ,state plan for medical assistance under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq47 which the ,secretary of ,health and ,human ,services determines requires ,state legislation 7other than legislation appropriating funds7 in order for the plan to meet the additional requirement imposed by the amendments made by this section1 the ,state plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet this additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the ,state legislature that begins after the date of the enactment of this ,act4 ,for purposes of the previous sentence1 in the case of a ,state that has a #b-year legislative session1 each year of such session shall be deemed to be a separate regular session of the ,state legislature4 #caggje4 ,requirements for health programs or activities receiving ,federal funds 7a7 ,covered entity2 covered program or activity ,in this section-- 7#a7 ,the term covered entity has the meaning given such term in section #ib4d of title #db1 ,code of ,federal ,regulations1 as in effect on ,may #af1 #bjaf2 and 7#b7 ,the term covered program or activity has the meaning given such term in section #ib4d of title #db1 ,code of ,federal ,regulations1 as in effect on ,may #af1 #bjaf4 7b7 ,requirements ,a covered entity1 in order to ensure the right of individuals with limited ,english proficiency to receive access to high-quality health care through the covered program or activity1 shall-- 7#a7 ensure that appropriate clinical and support staff receive ongoing education and training in culturally and linguistically appropriate service delivery2 7#b7 offer and provide appropriate language assistance services at no additional charge to each patient that is an individual with limited-,english proficiency at all points of contact1 in a timely manner during all hours of operation2 7#c7 notify patients of their right to receive language services in their primary language2 and 7#d7 utilize only qualified interpreters for an individual with limited-,english proficiency or qualified translators1 except as provided in subsection 7c74 7c7 ,exemptions ,the requirements of subsection 7b77#d7 shall not apply as follows3 7#a7 ,when a patient requests the use of family1 friends1 or other persons untrained in interpretation or translation if each of the following conditions are met3 7,a7 ,the interpreter requested by the patient is over the age of #ah4 7,b7 ,the covered entity informs the patient in the primary language of the patient that he or she has the option of having the entity provide to the patient an interpreter and translation services without charge4 7,c7 ,the covered entity informs the patient that the entity may not require an individual with a limited-,english proficiency to use a family member or friend as an interpreter4 7,d7 ,the covered entity evaluates whether the person the patient wishes to use as an interpreter is competent4 ,if the covered entity has reason to believe that such person is not competent as an interpreter1 the entity provides its own interpreter to protect the covered entity from liability if the patient's interpreter is later found not competent4 7,e7 ,if the covered entity has reason to believe that there is a conflict of interest between the interpreter and patient1 the covered entity may not use the patient's interpreter4 7,f7 ,the covered entity has the patient sign a waiver1 witnessed by at least #a individual not related to the patient1 that includes the information stated in subparagraphs 7,a7 through 7,e7 and is translated into the patient's primary language4 7#b7 ,when a medical emergency exists and the delay directly associated with obtaining competent interpreter or translation services would jeopardize the health of the patient1 but only until a competent interpreter or translation service is available4 7d7 ,rule of construction ,subsection 7c77#b7 shall not be construed to mean that emergency rooms or similar entities that regularly provide health care services in medical emergencies are exempt from legal or regulatory requirements related to competent interpreter services4 #caggjf4 ,report on ,federal efforts to provide culturally and linguistically appropriate health care services 7a7 ,report ,not later than #a year after the date of enactment of this ,act and annually thereafter1 the ,secretary of ,health and ,human ,services shall enter into a contract with the ,national ,academy of ,medicine for the preparation and publication of a report that describes ,federal efforts to ensure that all individuals with limited-,english proficiency have meaningful access to health care services and health-care-related services that are culturally and linguistically appropriate4 ,such report shall include-- 7#a7 a description and evaluation of the activities carried out under this subtitle2 7#b7 a description and analysis of best practices1 model programs1 guidelines1 and other effective strategies for providing access to culturally and linguistically appropriate health care services2 7#c7 recommendations on the development and implementation of policies and practices by providers of health care services and health-care-related services for individuals with limited-,english proficiency1 including people with cognitive1 hearing1 vision1 or print impairments2 7#d7 recommend guidelines or standards for health literacy and plain language1 informed consent1 discharge instructions1 and written communications1 and for improvement of health care access2 7#e7 a description of the effect of providing language services on quality of health care and access to care2 and 7#f7 a description of the costs associated with or savings related to the provision of language services4 7b7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years #bjbc through #bjbg4 #caggjg4 ,health professions competencies to address racial and ethnic mental health disparities 7a7 ,in general ,the ,secretary of ,health and ,human ,services1 acting through the ,assistant ,secretary for ,mental ,health and ,substance ,use1 shall award grants to qualified national organizations for the purposes of-- 7#a7 developing1 and disseminating to health professional educational programs curricula or core competencies addressing mental health inequities among racial and ethnic minority groups for use in the training of students in the professions of social work1 psychology1 psychiatry1 marriage and family therapy1 mental health counseling1 peer support1 and substance abuse counseling2 and 7#b7 certifying community health workers and peer wellness specialists with respect to such curricula and core competencies and integrating and expanding the use of such workers and specialists into health care and community-based settings to address mental health disparities among racial and ethnic minority groups4 7b7 ,curricula2 core competencies ,organizations receiving funds under subsection 7a7 may use the funds to engage in the following activities related to the development and dissemination of curricula or core competencies described in subsection 7a77#a73 7#a7 ,formation of committees or working groups comprised of experts from accredited health professions schools to identify core competencies relating to mental health disparities among racial and ethnic minority groups4 7#b7 ,planning of workshops in national fora to allow for public input1 including input from communities of color with lived experience1 into the educational needs associated with mental health disparities among racial and ethnic minority groups4 7#c7 ,dissemination and promotion of the use of curricula or core competencies in undergraduate and graduate health professions training programs nationwide4 7#d7 ,establishing external stakeholder advisory boards to provide meaningful input into policy and program development and best practices to reduce mental health inequities among racial and ethnic groups1 including participation from communities of color with lived experience of the impacts of mental health disparities4 7c7 ,definitions ,in this section3 7#a7 ,qualified national organization ,the term qualified national organization means a national organization that focuses on the education of students in programs of social work1 occupational therapy1 psychology1 psychiatry1 and marriage and family therapy4 7#b7 ,racial and ethnic minority group ,the term racial and ethnic minority group has the meaning given to such term in section #agjg7;g7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjju-#f7;g774 7d7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years #bjbc through #bjbg4 #caggjh4 ,study on the uninsured 7a7 ,in general ,the ,secretary of ,health and ,human ,services 7in this section referred to as the ,secretary7 shall-- 7#a7 conduct a study1 in accordance with the standards under section #caja of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjjkk71 on the demographic characteristics of the population of individuals who do not have health insurance coverage or oral health coverage2 and 7#b7 predict1 based on such study1 the demographic characteristics of the population of individuals who would remain without health insurance coverage after the end of any annual open enrollment or any special enrollment period or upon enactment and implementation of any legislative changes to the ,patient ,protection and ,affordable ,care ,act 7,public ,law #aaa-adh7 that affect the number of persons eligible for coverage4 7b7 ,reporting requirements 7#a7 ,in general ,not later than #ab months after the date of the enactment of this ,act1 the ,secretary shall submit to the ,congress the results of the study under subsection 7a77#a7 and the prediction made under subsection 7a77#b74 7#b7 ,reporting of demographic characteristics ,the ,secretary shall-- 7,a7 report the demographic characteristics under paragraphs 7#a7 and 7#b7 of subsection 7a7 on the basis of racial and ethnic group1 and shall stratify the reporting on each racial and ethnic group by other demographic characteristics that can impact access to health insurance coverage1 such as sexual orientation1 gender identity1 primary language1 disability status1 sex1 socioeconomic status1 age group1 and citizenship and immigration status1 in a manner consistent with part #a of this subtitle1 including the amendments made by such part2 and 7,b7 not use such report to engage in or anticipate any deportation or immigration related enforcement action by any entity1 including the ,department of ,homeland ,security4 #h ,aid to ,providers ,serving ,minority ,communities #caghja4 ,temporary increase in ,medicaid ,,dsh allotments 7a7 ,in general ,section #aibc7;f77#c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifr-#d7;f77#c77 is amended-- 7#a7 in subparagraph 7,a71 by striking and subparagraph 7,e7 and inserting and subparagraphs 7,e7 and 7,f72 and 7#b7 by adding at the end the following new subparagraph3 7,f7 ,temporary increase in allotments during certain public health emergency ,the ,,dsh allotment for any ,state for each of fiscal years #bjbb and #bjbc is equal to #ajb4e percent of the ,,dsh allotment that would be determined under this paragraph for the ,state for each respective fiscal year without application of this subparagraph1 notwithstanding subparagraphs 7,b7 and 7,c74 ,for each fiscal year after fiscal year #bjba1 the ,,dsh allotment for a ,state for such fiscal year is equal to the ,,dsh allotment that would have been determined under this paragraph for such fiscal year if this subparagraph had not been enacted4 4 7b7 ,,dsh allotment adjustment for ,tennessee ,section #aibc7;f77#f77;,a77vi7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifr-#d7;f77#f77;,a77vi77 is amended-- 7#a7 by striking ,notwithstanding any other provision of this subsection and inserting the following3 7,i7 ,in general ,notwithstanding any other provision of this subsection 7except as provided in subclause 7,,ii7 of this clause7 2 and 7#b7 by adding at the end the following3 7,,ii7 ,temporary increase in allotments ,the ,,dsh allotment for ,tennessee for each of fiscal years #bjbb and #bjbc shall be equal to #ed1dbg1ejj4 4 7c7 ,sense of ,congress ,it is the sense of ,congress that a ,state should prioritize making payments under the ,state plan of the ,state under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq47 7or a waiver of such plan7 to disproportionate share hospitals that have a higher share of ,,covid-#ai patients relative to other such hospitals in the ,state4 #caghjb4 ,,covid-#ai-related temporary increase of ,medicaid ,,fmap 7a7 ,in general ,section #fjjh of the ,families ,first ,coronavirus ,response ,act 7#db ,u4,s4,c4 #acif;d note7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by inserting 7or1 if later1 ,june #cj1 #bjba7 after last day of such emergency period occurs2 and 7,b7 by striking #f4b percentage points4 and inserting the percentage points specified in subsection 7e74 ,in no case may the application of this section result in the ,federal medical assistance percentage determined for a ,state being more than #ie percent42 and 7#b7 by adding at the end the following new subsections3 7e7 ,specified percentage points ,for purposes of subsection 7a71 the percentage points specified in this subsection are-- 7#a7 for each calendar quarter occurring during the period beginning on the first day of the emergency period described in paragraph 7#a77;,b7 of section #aace7;g7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;b-#e7;g77 and ending on ,june #cj1 #bjbb1 #f4b percentage points2 7#b7 for each calendar quarter occurring during the period beginning on ,july #a1 #bjbb1 and ending on ,june #cj1 #bjbc1 #ad percentage points2 and 7#c7 for each calendar quarter1 if any1 occurring during the period beginning on ,july #a1 #bjbc1 and ending on the last day of the calendar quarter in which the last day of such emergency period occurs1 #f4b percentage points4 7f7 ,clarifications 7#a7 ,in the case of a ,state that treats an individual described in subsection 7b77#c7 as eligible for the benefits described in such subsection1 for the period described in subsection 7a71 expenditures for medical assistance and administrative costs attributable to such individual that would not otherwise be included as expenditures under section #aijc of the ,social ,security ,act shall be regarded as expenditures under the ,state plan approved under title ,,xix of the ,social ,security ,act or for administration of such ,state plan4 7#b7 ,the limitations on payment under subsections 7f7 and 7g7 of section #aajh of the ,social ,security ,act 7#db ,u4,s4,c4 #acjh7 shall not apply to ,federal payments made under section #aijc7;a77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;b7a77#a77 attributable to the increase in the ,federal medical assistance percentage under this section4 7#c7 ,expenditures attributable to the increased ,federal medical assistance percentage under this section shall not be counted for purposes of the limitations under section #bajd7;b77#d7 of such ,act 7#db ,u4,s4,c4 #acig;dd7b77#d774 7#d7 ,notwithstanding the first sentence of section #baje7;b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;ee7b771 the application of the increase under this section may result in the enhanced ,,fmap of a ,state for a fiscal year under such section exceeding #he percent1 but in no case may the application of such increase before application of the second sentence of such section result in the enhanced ,,fmap of the ,state exceeding #ie percent4 7g7 ,scope of application ,an increase in the ,federal medical assistance percentage for a ,state under this section shall not be taken into account for purposes of payments under part ,d of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fea et seq474 4 7b7 ,effective date ,the amendments made by subsection 7a7 shall take effect and apply as if included in the enactment of section #fjjh of the ,families ,first ,coronavirus ,response ,act 7,public ,law #aaf-abg74 #caghjc4 ,appropriation for primary health care ,for an additional amount for ,department of ,health and ,human ,services--,health ,resources and ,services ,administration--,primary ,health ,care1 #g1fjj1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 for necessary expenses to prevent1 prepare for1 and respond to coronavirus1 for grants and cooperative agreements under the ,health ,centers ,program1 as defined by section #ccj of the ,public ,health ,service ,act1 and for grants to ,federally qualified health centers1 as defined in section #ahfa7;aa77#d77;,b7 of the ,social ,security ,act1 and for eligible entities under the ,native ,hawaiian ,health ,care ,improvement ,act1 including maintenance or expansion of health center and system capacity and staffing levels3 ,provided1 ,that sections #ccj7r77#b77;,b71 #ccj7;e77#f77;,a77iii71 and #ccj7;e77#f77;,b77iii7 shall not apply to funds provided under this heading in this section3 ,provided further1 ,that funds provided under this heading in this section may be used to 7#a7 purchase equipment and supplies to conduct mobile testing for ,,sars-,co,v-#b or ,,covid-#ai2 7#b7 purchase and maintain mobile vehicles and equipment to conduct such testing2 and 7#c7 hire and train laboratory personnel and other staff to conduct such mobile testing3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 #caghjd4 ,amendment to the ,public ,health ,service ,act ,title ,,xxxiv of the ,public ,health ,service ,act1 as amended by sections #ajd and #gjb1 is further amended by adding at the following3 ,c ,reconstruction and ,improvement ,grants for ,public ,health ,care ,facilities ,serving ,pacific ,islanders and the ,insular ,areas #cdjg4 ,grant support for quality improvement initiatives 7a7 ,in general ,the ,secretary1 in collaboration with the ,administrator of the ,health ,resources and ,services ,administration1 the ,director of the ,agency for ,healthcare ,research and ,quality1 and the ,administrator of the ,centers for ,medicare ,medicaid ,services1 shall award grants to eligible entities for the conduct of demonstration projects to improve the quality of and access to health care4 7b7 ,eligibility ,to be eligible to receive a grant under subsection 7a71 an entity shall-- 7#a7 be a health center1 hospital1 health plan1 health system1 community clinic1 or other health entity determined appropriate by the ,secretary-- 7,a7 that1 by legal mandate or explicitly adopted mission1 provides patients with access to services regardless of their ability to pay2 7,b7 that provides care or treatment for a substantial number of patients who are uninsured1 are receiving assistance under a ,state plan under title ,,xix of the ,social ,security ,act 7or under a waiver of such plan71 or are members of vulnerable populations1 as determined by the ,secretary2 and 7,c7 7i7 with respect to which1 not less than #ej percent of the entity's patient population is made up of racial and ethnic minority groups2 or 7ii7 that-- 7,i7 serves a disproportionate percentage of local patients that are from a racial and ethnic minority group1 or that has a patient population1 at least #ej percent of which is composed of individuals with limited-,english proficiency2 and 7,,ii7 provides an assurance that amounts received under the grant will be used only to support quality improvement activities in the racial and ethnic minority population served2 and 7#b7 prepare and submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7c7 ,priority ,in awarding grants under subsection 7a71 the ,secretary shall give priority to applicants under subsection 7b77#b7 that-- 7#a7 demonstrate an intent to operate as part of a health care partnership1 network1 collaborative1 coalition1 or alliance where each member entity contributes to the design1 implementation1 and evaluation of the proposed intervention2 or 7#b7 intend to use funds to carry out systemwide changes with respect to health care quality improvement1 including-- 7,a7 improved systems for data collection and reporting2 7,b7 innovative collaborative or similar processes2 7,c7 group programs with behavioral or self-management interventions2 7,d7 case management services2 7,e7 physician or patient reminder systems2 7,f7 educational interventions2 or 7,g7 other activities determined appropriate by the ,secretary4 7d7 ,use of funds ,an entity shall use amounts received under a grant under subsection 7a7 to support the implementation and evaluation of health care quality improvement activities or minority health and health care disparity reduction activities that include-- 7#a7 with respect to health care systems1 activities relating to improving-- 7,a7 patient safety2 7,b7 timeliness of care2 7,c7 effectiveness of care2 7,d7 efficiency of care2 7,e7 patient centeredness2 and 7,f7 health information technology2 and 7#b7 with respect to patients1 activities relating to-- 7,a7 staying healthy2 7,b7 getting well1 mentally and physically2 7,c7 living effectively with illness or disability2 7,d7 coping with end-of-life issues2 and 7,e7 shared decisionmaking4 7e7 ,common data systems ,the ,secretary shall provide financial and other technical assistance to grantees under this section for the development of common data systems4 7f7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years #bjbc through #bjbh4 #cdjh4 ,centers of excellence 7a7 ,in general ,the ,secretary1 acting through the ,administrator of the ,health ,resources and ,services ,administration1 shall designate centers of excellence at public hospitals1 and other health systems serving large numbers of minority patients1 that-- 7#a7 meet the requirements of section #cdea7;b77#a72 7#b7 demonstrate excellence in providing care to minority populations2 and 7#c7 demonstrate excellence in reducing disparities in health and health care4 7b7 ,requirements ,a hospital or health system that serves as a center of excellence under subsection 7a7 shall-- 7#a7 design1 implement1 and evaluate programs and policies relating to the delivery of care in racially1 ethnically1 and linguistically diverse populations2 7#b7 provide training and technical assistance to other hospitals and health systems relating to the provision of quality health care to minority populations2 and 7#c7 develop activities for graduate or continuing medical education that institutionalize a focus on cultural competence training for health care providers4 7c7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section1 such sums as may be necessary for each of fiscal years #bjbc through #bjbh4 #cdji4 ,reconstruction and improvement grants for public health care facilities serving pacific islanders and the insular areas 7a7 ,in general ,the ,secretary shall provide direct financial assistance to designated health care providers and community health centers in ,american ,samoa1 ,guam1 the ,commonwealth of the ,northern ,mariana ,islands1 the ,united ,states ,virgin ,islands1 ,puerto ,rico1 and ,hawaii for the purposes of reconstructing and improving health care facilities and services in a culturally competent and sustainable manner4 7b7 ,eligibility ,to be eligible to receive direct financial assistance under subsection 7a71 an entity shall be a public health facility or community health center located in ,american ,samoa1 ,guam1 the ,commonwealth of the ,northern ,mariana ,islands1 the ,united ,states ,virgin ,islands1 ,puerto ,rico1 or ,hawaii that-- 7#a7 is owned or operated by-- 7,a7 the ,government of ,american ,samoa1 ,guam1 the ,commonwealth of the ,northern ,mariana ,islands1 the ,united ,states ,virgin ,islands1 ,puerto ,rico1 or ,hawaii or a unit of local government2 or 7,b7 a nonprofit organization2 and 7#b7 7,a7 provides care or treatment for a substantial number of patients who are uninsured1 receiving assistance under title ,,xviii of the ,social ,security ,act1 or a ,state plan under title ,,xix of such ,act 7or under a waiver of such plan71 or who are members of a vulnerable population1 as determined by the ,secretary2 or 7,b7 serves a disproportionate percentage of local patients that are from a racial and ethnic minority group4 7c7 ,report ,not later than #ahj days after the date of enactment of this title and annually thereafter1 the ,secretary shall submit to the ,congress and the ,president a report that includes an assessment of health resources and facilities serving populations in ,american ,samoa1 ,guam1 the ,commonwealth of the ,northern ,mariana ,islands1 the ,united ,states ,virgin ,islands1 ,puerto ,rico1 and ,hawaii4 ,in preparing such report1 the ,secretary shall-- 7#a7 consult with and obtain information on all health care facilities needs from the entities receiving direct financial assistance under subsection 7a72 7#b7 include all amounts of ,federal assistance received by each such entity in the preceding fiscal year2 7#c7 review the total unmet needs of health care facilities serving ,american ,samoa1 ,guam1 the ,commonwealth of the ,northern ,mariana ,islands1 the ,united ,states ,virgin ,islands1 ,puerto ,rico1 and ,hawaii1 including needs for renovation and expansion of existing facilities2 7#d7 include a strategic plan for addressing the needs of each such population identified in the report2 and 7#e7 evaluate the effectiveness of the care provided by measuring patient outcomes and cost measures4 7d7 ,authorization of appropriations ,there are authorized to be appropriated such sums as necessary to carry out this section4 4 #caghje4 ,pandemic premium pay for essential workers 7a7 ,in general ,beginning #c days after an essential work employer receives a grant under section #caghjf from the ,secretary of the ,treasury1 the essential work employer shall-- 7#a7 be required to comply with subsections 7b7 through 7h72 and 7#b7 be subject to the enforcement requirements of section #caghjg4 7b7 ,pandemic premium pay 7#a7 ,in general ,an essential work employer receiving a grant under section #caghjf shall1 in accordance with this subsection1 provide each essential worker of the essential work employer with premium pay at a rate equal to #ac for each hour of work performed by the essential worker for the employer from ,january #bg1 #bjbj1 until the date that is #fj days after the last day of the ,,covid-#ai ,public ,health ,emergency4 7#b7 ,maximum amounts ,the total amount of all premium pay under this subsection that an essential work employer is required to provide to an essential worker1 including through any retroactive payment under paragraph 7#c71 shall not exceed-- 7,a7 for an essential worker who is not a highly-compensated essential worker1 #aj1jjj reduced by employer payroll taxes with respect to such premium pay2 or 7,b7 for a highly-compensated essential worker1 #e1jjj reduced by employer payroll taxes with respect to such premium pay4 7#c7 ,retroactive payment ,for all work performed by an essential worker during the period from ,january #bg1 #bjbj1 through the date on which the essential work employer of the worker receives a grant under this title1 the essential work employer shall use a portion of the amount of such grant to provide such worker with premium pay under this subsection for such work at the rate provided under paragraph 7#a74 ,such amount shall be provided to the essential worker as a lump sum in the next paycheck 7or other payment form7 that immediately follows the receipt of the grant by the essential work employer4 ,in any case where it is impossible for the employer to arrange for payment of the amount due in such paycheck 7or other payment form71 such amounts shall be paid as soon as practicable1 but in no event later than the second paycheck 7or other payment form7 following the receipt of the grant by the essential work employer4 7#d7 ,no employer discretion ,an essential work employer receiving a grant under section #caghjf shall not have any discretion to determine which portions of work performed by an essential worker qualify for premium pay under this subsection1 but shall pay such premium pay for any increment of time worked by the essential worker for the essential work employer up to the maximum amount applicable to the essential worker under paragraph 7#b74 7c7 ,prohibition on reducing compensation and displacement 7#a7 ,in general ,any payments made to an essential worker as premium pay under subsection 7b7 shall be in addition to all other compensation1 including all wages1 remuneration1 or other pay and benefits1 that the essential worker otherwise receives from the essential work employer4 7#b7 ,reduction of compensation ,an essential work employer receiving a grant under section #caghjf shall not1 during the period beginning on the date of enactment of this ,act and ending on the date that is #fj days after the last day of the ,,covid-#ai ,public ,health ,emergency1 reduce or in any other way diminish1 any other compensation1 including the wages1 remuneration1 or other pay or benefits1 that the essential work employer provided to the essential worker on the day before the date of enactment of this ,act4 7#c7 ,displacement ,an essential work employer shall not take any action to displace an essential worker 7including partial displacement such as a reduction in hours1 wages1 or employment benefits7 for purposes of hiring an individual for an equivalent position at a rate of compensation that is less than is required to be provided to an essential worker under paragraph 7#b74 7d7 ,demarcation from other compensation ,the amount of any premium pay paid under subsection 7b7 shall be clearly demarcated as a separate line item in each paystub or other document provided to an essential worker that details the remuneration the essential worker received from the essential work employer for a particular period of time4 ,if any essential worker does not otherwise regularly receive any such paystub or other document from the employer1 the essential work employer shall provide such paystub or other document to the essential worker for the duration of the period in which the essential work employer provides premium pay under subsection 7b74 7e7 ,exclusion from wage-based calculations ,any premium pay under subsection 7b7 paid to an essential worker under this section by an essential work employer receiving a grant under section #caghjf shall be excluded from the amount of remuneration for work paid to the essential worker for purposes of-- 7#a7 calculating the essential worker's eligibility for any wage-based benefits offered by the essential work employer2 7#b7 computing the regular rate at which such essential worker is employed under section #g of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjg72 and 7#c7 determining whether such essential worker is exempt from application of such section #g under section #ac7;a77#a7 of such ,act 7#bi ,u4,s4,c4 #bac7;a77#a774 7f7 ,essential worker death 7#a7 ,in general ,in any case in which an essential worker of an essential work employer receiving a grant under section #caghjf exhibits symptoms of ,,covid-#ai and dies1 the essential work employer shall pay as a lump sum to the next of kin of the essential worker for premium pay under subsection 7b7-- 7,a7 for an essential worker who is not a highly-compensated essential worker1 the amount determined under subsection 7b77#b77;,a7 minus the total amount of any premium pay the worker received under subsection 7b7 prior to the death2 or 7,b7 for a highly-compensated essential worker1 the amount determined under subsection 7b77#b77;,b7 minus the amount of any premium pay the worker received under subsection 7b7 prior to the death4 7#b7 ,treatment of lump sum payments 7,a7 ,treatment as premium pay ,for purposes of this part1 any payment made under this subsection shall be treated as a premium pay under subsection 7b74 7,b7 ,treatment for purposes of ,internal ,revenue ,code of #aihf ,for purposes of the ,internal ,revenue ,code of #aihf1 any payment made under this subsection shall be treated as a payment for work performed by the essential worker4 7g7 ,application to self-directed care workers funded through ,medicaid or the ,veteran-,directed ,care ,program 7#a7 ,medicaid ,in the case of an essential work employer receiving a grant under section #caghjf that is a covered employer described in paragraph 7#d7 who1 under a ,state ,medicaid plan under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq47 or under a waiver of such plan1 has opted to receive items or services using a self-directed service delivery model1 the preceding requirements of this section1 including the requirements to provide premium pay under subsection 7b7 7including a lump sum payment in the event of an essential worker death under subsection 7f77 and the requirements of sections #hjf and #hjg1 shall apply to the ,state ,medicaid agency responsible for the administration of such plan or waiver with respect to self-directed care workers employed by that employer4 ,in administering payments made under this part to such self-directed care workers on behalf of such employers1 a ,state ,medicaid agency shall-- 7,a7 exclude and disregard any payments made under this part to such self-directed workers from the individualized budget that applies to the items or services furnished to the individual client employer under the ,state ,medicaid plan or waiver2 7,b7 to the extent practicable1 administer and provide payments under this part directly to such self-directed workers through arrangements with entities that provide financial management services in connection with the self-directed service delivery models used under the ,state ,medicaid plan or waiver2 and 7,c7 ensure that individual client employers of such self-directed workers are provided notice of1 and comply with1 the prohibition under section #caghjg7;b77#a77;,b74 7#b7 ,veteran-,directed ,care ,program ,in the case of an essential work employer that is a covered employer described in paragraph 7#d7 who is a veteran participating in the ,veteran ,directed ,care program administered by the ,,va ,office of ,geriatrics ,extended ,care of the ,veterans ,health ,administration1 the preceding requirements of this section and sections #caghjf and #caghjg1 shall apply to such ,,va ,office of ,geriatrics ,extended ,care with respect to self-directed care workers employed by that employer4 ,paragraph 7#a7 of this subsection shall apply to the administration by the ,,va ,office of ,geriatrics ,extended ,care of payments made under this part to such self-directed care workers on behalf of such employers in the same manner as such requirements apply to ,state ,medicaid agencies4 7#c7 ,penalty enforcement ,the ,secretary of ,labor shall consult with the ,secretary of ,health and ,human ,services and the ,secretary of ,veterans ,affairs regarding the enforcement of penalties imposed under section #caghjg7;b77#b7 with respect to violations of subparagraph 7,a7 or 7,b7 of section #caghjg7;b77#a7 that involve self-directed workers for which the requirements of this section and sections #hjf and #hjg are applied to a ,state ,medicaid agency under paragraph 7#a7 or the ,,va ,office of ,geriatrics ,extended ,care under paragraph 7#b74 7#d7 ,covered employer described ,for purposes of paragraphs 7#a7 and 7#b71 a covered employer described in this paragraph means-- 7,a7 an entity or person that contracts directly with a ,state1 locality1 ,tribal government1 or the ,federal ,government1 to provide care 7which may include items and services7 through employees of such entity or person to individuals under the ,medicare program under title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #acie et seq471 under a ,state ,medicaid plan under title ,,xix of such ,act 7#db ,u4,s4,c4 #acif et seq47 or under a waiver of such plan1 or under any other program established or administered by a ,state1 locality1 ,tribal government1 or the ,federal ,government2 7,b7 a subcontractor of an entity or person described in subparagraph 7,a72 7,c7 an individual client 7or a representative on behalf of an individual client71 an entity1 or a person1 that employs an individual to provide care 7which may include items and services7 to the individual client under a self-directed service delivery model through a program established or administered by a ,state1 locality1 ,tribal government1 or the ,federal ,government2 or 7,d7 an individual client 7or a representative on behalf of an individual client7 that1 on their own accord1 employs an individual to provide care 7which may include items and services7 to the individual client using the individual client's own finances4 7h7 ,interaction with ,stafford ,act ,nothing in this section shall nullify1 supersede1 or otherwise change a ,state's ability to seek reimbursement under section #djc of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj;b7 for the costs of premium pay based on pre-disaster labor policies for eligible employees4 7i7 ,calculation of paid leave under ,,ffcra and ,,fmla 7#a7 ,families ,first ,coronavirus ,response ,act ,section #eaaj7e77;,b7 of the ,families ,first ,coronavirus ,response ,act 7#bi ,u4,s4,c4 #bfja note7 is amended by adding at the end the following3 7iii7 ,pandemic premium pay ,compensation received by an employee under section #hjg7;b7 of the ,,ehdc ,act of #bjbj shall be included as remuneration for employment paid to the employee for purposes of computing the regular rate at which such employee is employed4 4 7#b7 ,family and ,medical ,leave ,act of #aiic ,section #aaj7;b77#b77;,b7 of the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfbj7;b77#b77;,b77 is amended by adding at the end the following3 7iii7 ,pandemic premium pay ,compensation received by an employee under section #hjg7;b7 of the ,,ehdc ,act of #bjbj shall be included as remuneration for employment paid to the employee for purposes of computing the regular rate at which such employee is employed4 4 #caghjf4 ,,covid-#ai ,heroes ,fund grants 7a7 ,grants 7#a7 ,for pandemic premium pay ,the ,secretary of the ,treasury shall1 subject to the availability of amounts provided in this part1 award a grant to each essential work employer that applies for a grant1 in accordance with this section1 for the purpose of providing premium pay to essential workers under section #caghje7;b71 including amounts paid under section #caghje7;f74 7#b7 ,eligibility 7,a7 ,eligible employers generally ,any essential work employer shall be eligible for a grant under paragraph 7#a74 7,b7 ,self-directed care workers ,a self-directed care worker employed by an essential work employer other than an essential work employer described in section #caghje7;g71 shall be eligible to apply for a grant under paragraph 7#a7 in the same manner as an essential work employer4 ,such a worker shall provide premium pay to himself or herself in accordance with this section1 including the recordkeeping and refund requirements of this section4 7b7 ,amount of grants 7#a7 ,in general ,the maximum amount available for making a grant under subsection 7a77#a7 to an essential work employer shall be equal to the sum of-- 7,a7 the amount obtained by multiplying #aj1jjj by the number of essential workers the employer certifies1 in the application submitted under subsection 7c77#a71 as employing1 or providing remuneration to for services or labor1 who are paid wages or remuneration by the employer at a rate that is less than the equivalent of #bjj1jjj per year2 and 7,b7 the amount obtained by multiplying #e1jjj by the number of highly-compensated essential workers the employer certifies1 in the application submitted under subsection 7c77#a71 as employing1 or providing remuneration to for services or labor1 who are paid wages or remuneration by the employer at a rate that is equal to or greater than the equivalent of #bjj1jjj per year4 7#b7 ,no partial grants ,the ,secretary of the ,treasury shall not award a grant under this section in an amount less than the maximum described in paragraph 7#a74 7c7 ,grant application and disbursal 7#a7 ,application ,any essential work employer seeking a grant under subsection 7a77#a7 shall submit an application to the ,secretary of the ,treasury at such time1 in such manner1 and complete with such information as the ,secretary may require4 7#b7 ,notice and certification 7,a7 ,in general ,the ,secretary of the ,treasury shall1 within #ae days after receiving a complete application from an essential work employer eligible for a grant under this section-- 7i7 notify the employer of the ,secretary's findings with respect to the requirements for the grant2 and 7ii7 7,i7 if the ,secretary finds that the essential work employer meets the requirements under this section for a grant under subsection 7a71 provide a certification to the employer-- 7aa7 that the employer has met such requirements2 7bb7 of the amount of the grant payment that the ,secretary has determined the employer shall receive based on the requirements under this section2 or 7,,ii7 if the ,secretary finds that the essential work employer does not meet the requirements under this section for a grant under subsection 7a71 provide a notice of denial stating the reasons for the denial and provide an opportunity for administrative review by not later than #aj days after the denial4 7,b7 ,transfer ,not later than #g days after making a certification under subparagraph 7,a77ii7 with respect to an essential work employer1 the ,secretary of the ,treasury shall make the appropriate transfer to the employer of the amount of the grant4 7d7 ,use of funds 7#a7 ,in general ,an essential work employer receiving a grant under this section shall use the amount of the grant solely for the following purposes3 7,a7 ,providing premium pay under section #caghje7;b7 to essential workers in accordance with the requirements for such payments under such section1 including providing payments described in section #caghje7;f7 to the next of kin of essential workers in accordance with the requirements for such payments under such section4 7,b7 ,paying employer payroll taxes with respect to premium pay amounts described in subparagraph 7,a71 including such payments described in section #caghje7;f74 ,each dollar of a grant received by an essential work employer under this part shall be used as provided in subparagraph 7,a7 or 7,b7 or returned to the ,secretary of the ,treasury4 7#b7 ,no other uses authorized ,an essential work employer who uses any amount of a grant for a purpose not required under paragraph 7#a7 shall be-- 7,a7 considered to have misused funds in violation of section #caghje2 and 7,b7 subject to the enforcement and remedies provided under section #caghjg4 7#c7 ,refund 7,a7 ,in general ,if an essential work employer receives a grant under this section and1 for any reason1 does not provide every dollar of such grant to essential workers in accordance with the requirements of this part1 then the employer shall refund any such dollars to the ,secretary of the ,treasury not later than ,june #cj1 #bjbc4 ,any amounts returned to the ,secretary shall be deposited into the ,fund and be available for any additional grants under this section4 7,b7 ,requirement for not reducing compensation ,an essential work employer who is required to refund any amount under this paragraph shall not reduce or otherwise diminish an eligible worker's compensation or benefits in response to or otherwise due to such refund4 7e7 ,recordkeeping ,an essential work employer that receives a grant under this section shall-- 7#a7 maintain records1 including payroll records1 demonstrating how each dollar of funds received through the grant were provided to essential workers2 and 7#b7 provide such records to the ,secretary of the ,treasury or the ,secretary of ,labor upon the request of either such ,secretary4 7f7 ,recoupment ,in addition to all other enforcement and remedies available under this part or any other law1 the ,secretary of the ,treasury shall establish a process under which the ,secretary shall recoup the amount of any grant awarded under subsection 7a77#a7 if the ,secretary determines that the essential work employer receiving the grant-- 7#a7 did not provide all of the dollars of such grant to the essential workers of the employer2 7#b7 did not1 in fact1 have the number of essential workers certified by the employer in accordance with subparagraphs 7,a7 and 7,b7 of subsection 7b77#a72 7#c7 did not pay the essential workers for the number of hours the employer claimed to have paid2 or 7#d7 otherwise misused funds or violated this part4 7g7 ,special rule for certain employees of ,tribal employers ,essential workers of ,tribal employers who receive funds under title ,,ii shall not be eligible to receive funds from grants under this section4 7h7 ,tax treatment 7#a7 ,exclusion from income ,for purposes of the ,internal ,revenue ,code of #aihf1 any grant received by an essential work employer under this section shall not be included in the gross income of such essential work employer4 7#b7 ,denial of double benefit 7,a7 ,in general ,in the case of an essential work employer that receives a grant under this section-- 7i7 amounts paid under subsections 7b7 or 7f7 of section #caghje shall not be taken into account as wages for purposes of sections #da1 #de;,a1 #ea1 or #acif of the ,internal ,revenue ,code of #aihf or section #bcja of the ,,cares ,act 7,public ,law #aaf-acf72 and 7ii7 any deduction otherwise allowable under such ,code for applicable payments during any taxable year shall be reduced 7but not below zero7 by the excess 7if any7 of-- 7,i7 the aggregate amounts of grants received under this section2 over 7,,ii7 the sum of any amount refunded under subsection 7d7 plus the aggregate amount of applicable payments made for all preceding taxable years4 7,b7 ,applicable payments ,for purposes of this paragraph1 the term applicable payments means amounts paid as premium pay under subsections 7b7 or 7f7 of section #caghje and amounts paid for employer payroll taxes with respect to such amounts4 7,c7 ,aggregation rule ,rules similar to the rules of subsections 7a7 and 7b7 of section #eb of the ,internal ,revenue ,code of #aihf shall apply for purposes of this section4 7#c7 ,information reporting ,the ,secretary of the ,treasury shall submit to the ,commissioner of ,internal ,revenue statements containing-- 7,a7 the name and tax identification number of each essential work employer receiving a grant under this section2 7,b7 the amount of such grant2 and 7,c7 any amounts refunded under subsection 7d77#c74 7i7 ,reports 7#a7 ,in general ,not later than #cj days after obligating the last dollar of the funds appropriated under this part1 the ,secretary of the ,treasury shall submit a report1 to the ,committees of ,congress described in paragraph 7#b71 that-- 7,a7 certifies that all funds appropriated under this part have been obligated2 and 7,b7 indicates the number of pending applications for grants under this section that will be rejected due to the lack of funds4 7#b7 ,committees of ,congress ,the ,committees of ,congress described in this paragraph are-- 7,a7 the ,committee on ,ways and ,means of the ,house of ,representatives2 7,b7 the ,committee on ,education and ,labor of the ,house of ,representatives2 7,c7 the ,committee on ,finance of the ,senate2 and 7,d7 the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate4 #caghjg4 ,enforcement and outreach 7a7 ,duties of ,secretary of ,labor ,the ,secretary of ,labor shall-- 7#a7 have authority to enforce the requirements of section #caghje1 in accordance with subsections 7b7 through 7e72 7#b7 conduct outreach as described in subsection 7f72 and 7#c7 coordinate with the ,secretary of the ,treasury as needed to carry out the ,secretary of ,labor's responsibilities under this section4 7b7 ,prohibited acts1 penalties1 and enforcement 7#a7 ,prohibited acts ,it shall be unlawful for a person to-- 7,a7 violate any provision of section #caghje applicable to such person2 or 7,b7 discharge or in any other manner discriminate against any essential worker because such essential worker has filed any complaint or instituted or caused to be instituted any proceeding under or related to this part1 or has testified or is about to testify in any such proceeding4 7#b7 ,enforcement and penalties 7,a7 ,premium pay violations ,a violation described in paragraph 7#a77;,a7 shall be deemed a violation of section #g of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjg7 and unpaid amounts required under this section shall be treated as unpaid overtime compensation under such section #g for the purposes of sections #ae and #af of such ,act 7#bi ,u4,s4,c4 #bae and #baf74 7,b7 ,discharge or discrimination ,a violation of paragraph 7#a77;,b7 shall be deemed a violation of section #ae7;a77#c7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bae7;a77#c774 7c7 ,investigation 7#a7 ,in general ,to ensure compliance with the provisions of section #caghje1 including any regulation or order issued under that section1 the ,secretary of ,labor shall have the investigative authority provided under section #aa7;a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baa7;a774 ,for the purposes of any investigation provided for in this subsection1 the ,secretary of ,labor shall have the subpoena authority provided for under section #i of such ,act 7#bi ,u4,s4,c4 #bji74 7#b7 ,state agencies ,the ,secretary of ,labor may1 for the purpose of carrying out the functions and duties under this section1 utilize the services of ,state and local agencies in accordance with section #aa7;b7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baa7;b774 7d7 ,essential worker enforcement 7#a7 ,right of action ,an action alleging a violation of paragraph 7#a7 or 7#b7 of subsection 7b7 may be maintained against an essential work employer receiving a grant under section #caghjf in any ,federal or ,state court of competent jurisdiction by one or more essential workers or their representative for and on behalf of the essential workers1 or the essential workers and others similarly situated1 in the same manner1 and subject to the same remedies 7including attorney's fees and costs of the action71 as an action brought by an employee alleging a violation of section #g or #ae7;a77#c71 respectively1 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjg1 #bae7;a77#c774 7#b7 ,no waiver ,in an action alleging a violation of paragraph 7#a7 or 7#b7 of subsection 7b7 brought by one or more essential workers or their representative for and on behalf of the persons as described in paragraph 7#a71 to enforce the rights in section #caghje1 no court of competent jurisdiction may grant the motion of an essential work employer receiving a grant under section #caghjf to compel arbitration1 under chapter #a of title #i1 ,united ,states ,code1 or any analogous ,state arbitration statute1 of the claims involved4 ,an essential worker's right to bring an action described in paragraph 7#a7 or subsection 7b77#b77;,a7 on behalf of similarly situated essential workers to enforce such rights may not be subject to any private agreement that purports to require the essential workers to pursue claims on an individual basis4 7e7 ,recordkeeping ,an essential work employer receiving a grant under section #caghjf shall make1 keep1 and preserve records pertaining to compliance with section #caghje in accordance with section #aa7;c7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baa7;c77 and in accordance with regulations prescribed by the ,secretary of ,labor4 7f7 ,outreach and education ,out of amounts appropriated to the ,secretary of the ,treasury under section #caghje for a fiscal year1 the ,secretary of the ,treasury shall transfer to the ,secretary of ,labor1 #c1jjj1jjj1 of which the ,secretary of ,labor shall use-- 7#a7 #b1ejj1jjj for outreach to essential work employers and essential workers regarding the premium pay under section #caghje2 and 7#b7 #ejj1jjj to implement an advertising campaign encouraging large essential work employers to provide the same premium pay provided for by section #caghje using the large essential work employers' own funds and without utilizing grants under this part4 7g7 ,clarification of enforcing official ,nothing in the ,government ,employee ,rights ,act of #aiia 7#db ,u4,s4,c4 #bjjj;e-#af;a et seq47 or section #c7;e77#b77;,c7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7;e77#b77;,c77 shall be construed to prevent the ,secretary of ,labor from carrying out the authority of the ,secretary under this section in the case of ,state employees described in section #cjd7;a7 of the ,government ,employee ,rights ,act of #aiia 7#db ,u4,s4,c4 #bjjj;e-#af;c7a774 #i ,health ,,it and ,bridging the ,digital ,divide in ,health ,care #cagija4 ,,hrsa assistance to health centers for promotion of ,health ,,it ,the ,secretary of ,health and ,human ,services1 acting through the ,administrator of the ,health ,resources and ,services ,administration1 shall expand and intensify the programs and activities of the ,administration 7directly or through grants or contracts7 to provide technical assistance and resources to health centers 7as defined in section #ccj7;a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bed;b7a777 to adopt and meaningfully use certified ,,ehr technology for the management of chronic diseases and health conditions and reduction of health disparities4 #cagijb4 ,assessment of impact of ,health ,,it on racial and ethnic minority communities2 outreach and adoption of ,health ,,it in such communities 7a7 ,national ,coordinator for ,health ,information ,technology ,not later than #ah months after the date of enactment of this ,act1 the ,national ,coordinator for ,health ,information ,technology 7referred to in this section as the ,national ,coordinator7 shall-- 7#a7 conduct an evaluation of the level of interoperability1 access1 use1 and accessibility of electronic health records in racial and ethnic minority communities1 focusing on whether patients in such communities have providers who use electronic health records1 and the degree to which patients in such communities can access1 exchange1 and use without special effort their health information in those electronic health records1 and indicating whether such providers-- 7,a7 are participating in the ,medicare program under title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #acie et seq47 or a ,state plan under title ,,xix of such ,act 7#db ,u4,s4,c4 #acif et seq47 7or a waiver of such plan72 7,b7 have received incentive payments or incentive payment adjustments under ,medicare and ,medicaid ,electronic ,health ,records ,incentive ,programs 7as defined in subsection 7c77#b772 7,c7 are ,,mips eligible professionals1 as defined in paragraph 7#a77;,c7 of section #ahdh7q7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#d7q771 for purposes of the ,merit-,based ,incentive ,payment ,system under such section2 or 7,d7 have been recruited by any of the ,health ,information ,technology ,regional ,extension ,centers established under section #cjab of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;jj-#cb72 7#b7 publish the results of such evaluation including the race and ethnicity of such providers and the populations served by such providers2 and 7#c7 not later than #ab months after the enactment of this ,act1 shall promulgate a certification criterion and module of certified ,,ehr technology that stratifies quality measures by disparity characteristics1 including race1 ethnicity1 language1 gender1 gender identity1 sexual orientation1 socio-economic status1 and disability status1 as those characteristics are defined in certified ,,ehr technology2 and reports to ,centers for ,medicare ,medicaid ,services the quality measures stratified by race and at least two other disparity characteristics4 ,the term quality measures refers to the quality measures specified in ,,mips4 7b7 ,national center for health statistics ,as soon as practicable after the date of enactment of this ,act1 the ,director of the ,national ,center for ,health ,statistics shall provide to ,congress a more detailed analysis of the data presented in ,national ,center for ,health ,statistics data brief entitled ,adoption of ,certified ,electronic ,health ,record ,systems and ,electronic ,information ,sharing in ,physician ,offices3 ,united ,states1 #bjac and #bjad 7,,nchs ,data ,brief ,no4 #bcf74 7c7 ,centers for ,medicare ,medicaid ,services 7#a7 ,in general ,as part of the process of collecting information1 with respect to a provider1 at registration and attestation for purposes of ,medicare and ,medicaid ,electronic ,health ,records ,incentive ,programs 7as defined in paragraph 7#b77 or the ,merit-,based ,incentive ,payment ,system under section #ahdh7q7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#d7q771 the ,secretary of ,health and ,human ,services shall collect the race and ethnicity of such provider4 7#b7 ,medicare and ,medicaid ,electronic ,health ,records ,incentive ,programs defined ,for purposes of paragraph 7#a71 the term ,medicare and ,medicaid ,electronic ,health ,records ,incentive ,programs means the incentive programs under section #ahad7l77#c71 subsections 7a77#g7 and 7o7 of section #ahdh1 subsections 7l7 and 7m7 of section #ahec1 subsections 7b77#c77;,b77ix77,i7 and 7n7 of section #ahhf1 and subsections 7a77#c77;,f7 and 7t7 of section #aijc of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;f7l77#c71 #aciew-#d1 #aciew-#bc1 #acieww1 and #acif;b74 7d7 ,national ,coordinator's assessment of impact of ,,hit ,section #cjja7;c77#f77;,c7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;jj-#aa7;c77#f77;,c77 is amended-- 7#a7 in the heading by inserting 1 racial and ethnic minority communities1 after health disparities2 7#b7 by inserting 1 in communities with a high proportion of individuals from racial and ethnic minority groups 7as defined in section #agjg7;g771 including people with disabilities in these groups1 after communities with health disparities2 7#c7 by striking ,the ,national ,coordinator and inserting the following3 7i7 ,in general ,the ,national ,coordinator 2 and 7#d7 by adding at the end the following3 7ii7 ,criteria ,in any publication under clause 7i71 the ,national ,coordinator shall include best practices for encouraging partnerships between the ,federal ,government1 ,states1 and private entities to expand outreach for and the adoption of certified ,,ehr technology in communities with a high proportion of individuals from racial and ethnic minority groups 7as so defined71 while also maintaining the accessibility requirements of section #ejh of the ,rehabilitation ,act of #aigc to encourage patient involvement in patient health care4 ,the ,national ,coordinator shall-- 7,i7 not later than #f months after the submission of the report required under section #hbb of the ,ending ,health ,disparities ,during ,,covid-#ai ,act of #bjba1 establish criteria for evaluating the impact of health information technology on communities with a high proportion of individuals from racial and ethnic minority groups 7as so defined7 taking into account the findings in such report2 and 7,,ii7 not later than #a year after the submission of such report1 conduct and publish the results of an evaluation of such impact4 4 #cagijc4 ,extending funding to strengthen the ,health ,,it infrastructure in racial and ethnic minority communities ,section #cjaa of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;jj-#ca7 is amended-- 7#a7 in subsection 7a71 in the matter preceding paragraph 7#a71 by inserting 1 including with respect to communities with a high proportion of individuals from racial and ethnic minority groups 7as defined in section #agjg7;g77 before the colon2 and 7#b7 by adding at the end the following new subsection3 7e7 ,annual report on expenditures ,the ,national ,coordinator shall report annually to ,congress on activities and expenditures under this section4 4 #cagijd4 ,extending competitive grants for the development of loan programs to facilitate adoption of certified ,,ehr technology by providers serving racial and ethnic minority groups ,section #cjad7;e7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;jj-#cd7;e77 is amended1 in the matter preceding paragraph 7#a71 by inserting 1 including with respect to communities with a high proportion of individuals from racial and ethnic minority groups 7as defined in section #agjg7;g77 after health care provider to4 #cagije4 ,authorization of appropriations ,section #cjah of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;jj-#ch7 is amended by striking fiscal years #bjji through #bjac and inserting fiscal years #bjbc through #bjbh4 #cagijf4 ,data collection and assessments conducted in coordination with minority-serving institutions ,section #cjja7;c77#f7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;jj-#aa7;c77#f77 is amended by adding at the end the following new subparagraph3 7,f7 ,data collection and assessments conducted in coordination with minority-serving institutions 7i7 ,in general ,in carrying out subparagraph 7,c7 with respect to communities with a high proportion of individuals from racial and ethnic minority groups 7as defined in section #agjg7;g771 the ,national ,coordinator shall1 to the greatest extent possible1 coordinate with an entity described in clause 7ii74 7ii7 ,minority-serving institutions ,for purposes of clause 7i71 an entity described in this clause is a historically black college or university1 a ,hispanic-serving institution1 a tribal college or university1 or an ,asian-,american-1 ,native ,american-1 or ,pacific ,islander-serving institution with an accredited public health1 health policy1 or health services research program4 4 #cagijg4 ,study of health information technology in medically underserved communities 7a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services shall-- 7#a7 enter into an agreement with the ,national ,academies of ,sciences1 ,engineering1 and ,medicine to conduct a study on the development1 implementation1 and effectiveness of health information technology within medically underserved areas 7as described in subsection 7c772 and 7#b7 submit a report to ,congress describing the results of such study1 including any recommendations for legislative or administrative action4 7b7 ,study ,the study described in subsection 7a77#a7 shall-- 7#a7 identify barriers to successful implementation of health information technology in medically underserved areas2 7#b7 survey a cross-section of individuals in medically underserved areas and report their opinions about the various topics of study2 7#c7 examine the degree of interoperability among health information technology and users of health information technology in medically underserved areas1 including patients1 providers1 and community services2 7#d7 examine the impact of health information technology on providing quality care and reducing the cost of care to individuals in such areas1 including the impact of such technology on improved health outcomes for individuals1 including which technology worked for which population and how it improved health outcomes for that population2 7#e7 examine the impact of health information technology on improving health care-related decisions by both patients and providers in such areas2 7#f7 identify specific best practices for using health information technology to foster the consistent provision of physical accessibility and reasonable policy accommodations in health care to individuals with disabilities in such areas2 7#g7 assess the feasibility and costs associated with the use of health information technology in such areas2 7#h7 evaluate whether the adoption and use of qualified electronic health records 7as defined in section #cjjj of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;jj77 is effective in reducing health disparities1 including analysis of clinical quality measures reported by providers who are participating in the ,medicare program under title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #acie et seq47 or a ,state plan under title ,,xix of such ,act 7#db ,u4,s4,c4 #acif et seq47 7or a waiver of such plan71 pursuant to programs to encourage the adoption and use of certified ,,ehr technology2 7#i7 identify providers in medically underserved areas that are not electing to adopt and use electronic health records and determine what barriers are preventing those providers from adopting and using such records2 and 7#aj7 examine urban and rural community health systems and determine the impact that health information technology may have on the capacity of primary health providers in those systems4 7c7 ,medically underserved area ,the term medically underserved area means-- 7#a7 a population that has been designated as a medically underserved population under section #ccj7;b77#c7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bed;b7b77#c772 7#b7 an area that has been designated as a health professional shortage area under section #ccb of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bed;e72 7#c7 an area or population that has been designated as a medically underserved community under section #gii;,b of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #biep72 or 7#d7 another area or population that-- 7,a7 experiences significant barriers to accessing quality health services2 and 7,b7 has a high prevalence of diseases or conditions described in title ,,vii1 with such diseases or conditions having a disproportionate impact on racial and ethnic minority groups 7as defined in section #agjg7;g7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjju-#f7;g777 or a subgroup of people with disabilities who have specific functional impairments4 #cagijh4 ,study on the effects of changes to telehealth under the ,medicare and ,medicaid programs during the ,,covid-#ai emergency 7a7 ,in general ,not later than #a year after the end of the emergency period described in section #aace7;g77#a77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;b-#e7;g77#a77;,b771 the ,secretary of ,health and ,human ,services 7in this section referred to as the ,secretary7 shall conduct a study and submit to the ,committee on ,energy and ,commerce and the ,committee on ,ways and ,means of the ,house of ,representatives and the ,committee on ,finance of the ,senate an interim report on any changes made to the provision or availability of telehealth services under part ,a or ,b of title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #acie et seq47 during such period4 ,such report shall include the following3 7#a7 ,a summary of utilization of all health care services furnished under such part ,a or ,b during such period1 including the number of-- 7,a7 in-person outpatient visits1 inpatient admissions1 and in-person emergency department visits2 and 7,b7 telehealth visits1 broken down by-- 7i7 the number of such visits furnished via audio-visual technology compared to the number of such visits furnished via audio-only technology2 7ii7 the number of such visits furnished by each type of provider of services or supplier 7as defined in section #ahfa of such ,act 7#db ,u4,s4,c4 #aciex7 and including a ,federally qualified health center or rural health clinic 7as so defined771 including a specification of the specialty of each such provider or supplier 7if applicable72 and 7iii7 the type of service provided1 including level of service and diagnoses associated with the telehealth visit4 7#b7 ,a description of any changes in utilization patterns for the care settings described in paragraph 7#a7 over the course of such period compared to such patterns prior to such period4 7#c7 ,an analysis of utilization of telehealth services under such part ,a or ,b during such period1 broken down by age1 sex 7including sexual orientation and gender identity where possible71 race and ethnicity1 disability status1 primary language1 geographic region 7including by rural health areas 7as defined by the ,health ,resources ,services ,administration71 non-rural health areas1 health professional shortage areas 7as defined in section #ccb7;a77#a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bed;e7a77#a7771 medically underserved communities 7as defined in section #gii;,b7#f7 of such ,act 7#db ,u4,s4,c4 #biep7#f7771 areas with medically underserved populations 7as defined in section #ccj7;b77#c7 of such ,act 7#db ,u4,s4,c4 #bed;b7b77#c7771 and by ,state71 and income level 7as measured directly or indirectly1 such as by patient's zip code tabulation area median income as publicly reported by the ,united ,states ,census ,bureau71 and of any trends in such utilization during such period1 so broken down4 ,such analysis shall include the number of telehealth visits performed by providers of services or suppliers licensed in a ,state different from the ,state where the individual receiving such telehealth services is located at the time such services are furnished4 ,such analysis may not include any individually identifiable information or protected health information4 7#d7 ,a description of expenditures and any savings under such part ,a or ,b attributable to use of such telehealth services during such period4 7#e7 ,a description of any instances of fraud identified by the ,secretary1 acting through the ,office of the ,inspector ,general or other relevant agencies and departments1 with respect to such telehealth services furnished under such part ,a or ,b during such period and a comparison of the number of such instances with the number of instances of fraud so identified with respect to in-person services so furnished during such period4 7#f7 ,a description of any privacy concerns with respect to the furnishing of such telehealth services 7such as cybersecurity or ransomware concerns71 including a description of any actions taken by the ,secretary1 acting through the ,health ,sector ,cybersecurity ,coordination ,center or other relevant agencies and departments1 during such period to assist health care providers secure telecommunications systems4 7#g7 ,an analysis of health care quality related to telehealth 7which may include patient health outcomes 7such as morbidity1 mortality1 healthcare utilization1 and disease-specific management metrics71 safety metrics1 quality measures1 health equity focused measures1 patient satisfaction1 provider satisfaction1 and other inputs and sources as determined by the ,secretary74 7#h7 ,an analysis of any other outcomes or metrics related to telehealth1 as determined appropriate by the ,secretary4 7b7 ,input ,in conducting the study and submitting the report under subsection 7a71 the ,secretary-- 7#a7 7,a7 consult with relevant stakeholders 7such as patients1 caregivers1 patient advocacy groups1 minority or tribal groups 7including ,urban ,indian ,organization 7,u,i,os771 health care professionals 7including behavioral health professionals71 hospitals1 ,state medical boards1 ,state nursing boards1 the ,federation of ,state ,medical ,boards1 ,national ,council of ,state ,boards of ,nursing1 medical professional employers 7such as hospitals1 medical groups1 staffing companies71 telehealth groups1 health professional liability providers1 public and private payers1 and ,state leaders72 and 7,b7 solicit public comments on such report before the submission of such report2 and 7#b7 shall endeavor to include as many racially1 ethnically1 geographically1 linguistically1 and professionally diverse perspectives as possible4 7c7 ,final report ,not later than ,december #ca1 #bjbf1 the ,secretary shall-- 7#a7 update and finalize the interim report under subsection 7a72 and 7#b7 submit such updated and finalized report to the committees specified in such subsection4 7d7 ,grants for ,medicaid reports 7#a7 ,in general ,not later than #b years after the end of the emergency period described in section #aace7;g77#a77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4#acbj;b-#e7;g77#a77;,b771 the ,secretary shall award grants to ,states with a ,state plan 7or waiver of such plan7 in effect under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acifr7 that submit an application under this subsection for purposes of enabling such ,states to study and submit reports to the ,secretary on any changes made to the provision or availability of telehealth services under such plans 7or such waivers7 during such period4 7#b7 ,eligibility ,to be eligible to receive a grant under paragraph 7#a71 a ,state shall-- 7,a7 provide benefits for telehealth services under the ,state plan 7or waiver of such plan7 in effect under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acifr72 7,b7 be able to differentiate telehealth from in-person visits within claims data submitted under such plan 7or such waiver7 during such period2 and 7,c7 submit to the ,secretary an application at such time1 in such manner1 and containing such information 7including the amount of the grant requested7 as the ,secretary may require4 7#c7 ,use of funds ,an ,state shall use amounts received under a grant under this subsection to conduct a study and report findings regarding the effects of changes to telehealth services offered under the ,state plan 7or waiver of such plan7 of such ,state under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq47 during such period in accordance with paragraph 7#d74 7#d7 ,reports 7,a7 ,interim report ,not later #a year after the date a ,state receives a grant under this subsection1 the ,state shall submit to the ,secretary an interim report that-- 7i7 details any changes made to the provision or availability of telehealth benefits 7such as eligibility1 coverage1 or payment changes7 under the ,state plan 7or waiver of such plan7 of the ,state under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq47 during the emergency period described in paragraph 7#a72 and 7ii7 contains-- 7,i7 a summary and description of the type described in paragraphs 7#a7 and 7#b71 respectively1 of subsection 7a72 and 7,,ii7 to the extent practicable1 an analysis of the type described in paragraph 7#c7 of subsection 7a72 except that any reference in such subsection to such part ,a or ,b shall1 for purposes of subclauses 7,i7 and 7,,ii71 be treated as a reference to such ,state plan 7or waiver74 7,b7 ,final report ,not later than #c years after the date a ,state receives a grant under this subsection1 the ,state shall update and finalize the interim report and submit such final report to the ,secretary4 7,c7 ,report by ,secretary ,not later than the earlier of the date that is #a year after the submission of all final reports under subparagraph 7,b7 and ,december #ca1 #bjbh1 the ,secretary shall submit to ,congress a report on the grant program1 including a summary of the reports received from ,states under this paragraph4 7#e7 ,modification authority ,the ,secretary may modify any deadline described in paragraph 7#d7 or any information required to be included in a report made under this subsection to provide flexibility for ,states to modify the scope of the study and timeline for such reports4 7#f7 ,technical assistance ,the ,secretary shall provide such technical assistance as may be necessary to a ,state receiving a grant under this subsection in order to assist such state in conducting studies and submitting reports under this subsection4 7#g7 ,state ,for purposes of this subsection1 the term ,state means each of the several ,states1 the ,district of ,columbia1 and each territory of the ,united ,states4 7e7 ,authorization of appropriations 7#a7 ,medicare ,for the purpose of carrying out subsections 7a7 through 7c71 there are authorized to be appropriated such sums as may be necessary for each of the fiscal years #bjbb through #bjbf4 7#b7 ,medicaid ,for the purpose of carrying out subsection 7d71 there are authorized to be appropriated such sums as may be necessary for each of the fiscal years #bjbd through #bjcj4 #cagiji4 ,,covid-#ai designation of immediate special authority of spectrum for ,tribes' emergency response in ,indian ,country 7a7 ,findings ,congress finds the following3 7#a7 ,the immediate grant of emergency special temporary authority of available spectrum that will efficiently support temporary wireless broadband networks and allow ,indian ,tribes to provide ,tribal members with wireless broadband service over ,tribal lands or ,hawaiian ,home ,lands during the ,,covid-#ai crisis due to the increased demand for telecommunications and disproportionate impacts of the ,,covid-#ai pandemic in ,indian ,country is essential4 7#b7 ,reservations are the most digitally disconnected areas in the ,united ,states that lack basic access to broadband and wireless services at rates comparable to1 and in some cases lower than1 third-world countries4 7#c7 ,in #bjah1 the ,government ,accountability ,office and the ,federal ,communications ,commission reported that only #fe percent of ,american ,indian and ,alaska ,natives 7,,ai_/,a,ns7 living on ,tribal lands had access to fixed broadband services1 and only #fh percent of ,,ai_/,,an households on rural ,tribal lands had telephone services4 ,this is a stark comparison to only #h percent of the national average that lacks access to fixed broadband services4 7#d7 ,indian ,tribes have previously encountered substantial barriers to accessing broadband and other communications services on ,tribal lands to deploy telecommunication services for the safety and well-being of ,tribal members and to decrease the alarming rates of unnecessary loss of lives that ,,ai_/,a,ns disproportionately experience1 especially through the lack of access to health care services and emergency resources1 as demonstrated during the ,,covid-#ai pandemic that continues to disproportionately impact ,indian ,country4 7#e7 ,indian ,tribes' lack of access to broadband services on ,tribal lands and ,hawaiian ,home ,lands during the ,,covid-#ai pandemic further highlights the digital divide in ,indian ,country4 7#f7 ,the ,government ,accountability ,office found that health information technology systems at the ,indian ,health ,service rank as the ,federal ,government's third-highest need for agency system modernization1 since #ej percent of ,indian ,health ,service facilities depend on outdated circuit connections based on one or two ,,ti circuit lines 7#c ,mbps71 creating slower response times than any other health facility system in the ,united ,states4 7#g7 ,a #bjah ,tribal health reform comment filed with the ,federal ,communications ,commission has further stated that approximately #a4e million people living on ,tribal lands lack access to broadband and1 of the #ge percent of rural ,indian ,health ,service facilities1 many still lack reliable broadband networks for ,american ,indians and ,alaska ,natives 7,,ai_/,a,ns7 to access telehealth or clinical health care services1 which is a critical need in the most geographically isolated areas of the country with some of the highest poverty rates1 and lack of access to reliable transportation4 7#h7 ,the ,bureau of ,indian ,education has stated that recent estimates from #adb out of #agd schools have indicated that approximately #ae to #ie percent of students do not have access to internet services at home depending on ,bureau school location and limitations on data caps during the ,,covid-#ai crisis4 7b7 ,deployment of wireless broadband service on ,tribal lands and ,hawaiian ,home ,lands 7#a7 ,funding of grants for immediate deployment of wireless broadband service on ,tribal lands and ,hawaiian ,home ,lands ,in addition to any other amounts made available1 out of any money in the ,treasury of the ,united ,states not otherwise appropriated1 there are appropriated-- 7,a7 #big1ejj1jjj for grants under the community facilities grant program under section #cjf7;a77#ai7 of the ,consolidated ,farm and ,rural ,development ,act to ,indian ,tribes1 qualifying ,tribal entities1 and the ,director of the ,department of ,hawaiian ,home ,lands1 for the immediate deployment of wireless broadband service on ,tribal lands and ,hawaiian ,home ,lands1 respectively1 through the use of emergency special temporary authority granted under paragraph 7#b7 of this subsection1 including backhaul costs1 repairs to damaged infrastructure1 the cost of the repairs to which would be less expensive than the cost of new infrastructure and would support the emergency special temporary use1 and the ,federal share applicable to grants from such amount shall be #ajj percent1 which amount shall remain available for one year from the enactment of this ,act2 and 7,b7 #c1jjj1jjj for grants under the community facilities technical assistance and training grant program under section #cjf7;a77#bf7 of such ,act1 without regard to sections #cjf7;a77#bf77;,b7 and #cjf7;a77#bf77;,c7 of such ,act1 to assist ,indian ,tribes1 qualifying ,tribal entities1 and the ,director of the ,department of ,hawaiian ,home ,lands in preparing applications for the grants referred to in subparagraph 7,b7 of this paragraph1 which amount shall remain available for one year from the enactment of this ,act4 ,grants referred to under subparagraph 7,b7 shall be available to ,indian ,tribes1 qualifying ,tribal entities and shall also be available to inter-,tribal government organizations1 universities1 and colleges with ,tribal serving institutions for the purposes stated herein4 7#b7 ,emergency special temporary authority ,to use available and efficient spectrum on ,tribal lands and ,hawaiian ,home ,lands 7,a7 ,grant of authority ,not later than #aj days after receiving a request from an ,indian ,tribe1 a qualifying ,tribal entity1 or the ,director of the ,department of ,hawaiian ,home ,lands for emergency special temporary authority to use electromagnetic spectrum described in subparagraph 7,c7 for the provision of wireless broadband service over the ,tribal lands over which the ,indian ,tribe or qualifying ,tribal entity has jurisdiction or 7in the case of a request from the ,director of the ,department of ,hawaiian ,home ,lands7 over the ,hawaiian ,home ,lands1 allowing unlicensed radio transmitters to operate for such provision on such spectrum at locations on such ,tribal lands or ,hawaiian ,home ,lands where such spectrum is not being used1 the ,commission shall grant such request on a secondary non-interference basis4 7,b7 ,duration ,a grant of emergency special temporary authority under subparagraph 7,a7 shall be for a period of operation to begin not later than #f months after the date of the enactment of this ,act and to remain in operation for not longer than #f months1 absent extensions granted by the ,commission pursuant to the procedures of the ,commission relating to special temporary authority4 7,c7 ,electromagnetic spectrum described ,the electromagnetic spectrum described in this subparagraph for utilization on the temporary basis is any portion of the electromagnetic spectrum-- 7i7 that is-- 7,i7 between the frequencies of #bdif megahertz and #bfij megahertz1 inclusive2 7,,ii7 in the white spaces of the television broadcast spectrum between the frequencies of #dgj megahertz and #gij megahertz1 inclusive1 excluding those frequencies utilized for other purposes under subpart ,h of part #ae of title #dg1 ,code of ,federal ,regulations2 7,,iii7 between the frequencies of #eibe megahertz and #gabe megahertz1 inclusive2 or 7,,iv7 between frequencies of #ceej megahertz and #cgjj megahertz1 inclusive2 and 7ii7 with respect to the ,tribal lands or ,hawaiian ,home ,lands over which authority to use such spectrum is requested under subparagraph 7,a71 is not assigned to any licensee4 7#c7 ,definitions ,in this subsection3 7,a7 ,commission ,the term ,commission means the ,federal ,communications ,commission4 7,b7 ,hawaiian ,home ,lands ,the term ,hawaiian ,home ,lands means lands held in trust for ,native ,hawaiians by ,hawaii pursuant to the ,hawaiian ,homes ,commission ,act1 #aibj4 7,c7 ,indian ,tribe ,the term ,indian ,tribe means the governing body of any individually identified and federally recognized ,indian or ,alaska ,native ,tribe1 band1 nation1 pueblo1 village1 community1 affiliated tribal group1 or component reservation in the list published pursuant to section #ajd7;a7 of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #eaca7;a774 7,d7 ,qualifying ,tribal entity ,the term qualifying ,tribal entity means an entity designated by the ,indian ,tribe with jurisdiction over particular ,tribal lands for which the spectrum access is sought4 ,the following may be designated as a qualifying ,tribal entity3 7i7 ,indian ,tribes4 7ii7 ,tribal consortia which consists of two or more ,indian ,tribes1 or an ,indian ,tribe and an entity that is more than #ej percent owned and controlled by one or more ,indian ,tribes4 7iii7 ,federally chartered ,tribal corporations created under section #ag of the ,indian ,reorganization ,act 7#be ,u4,s4,c4 #eabd71 and created under section #d of the ,oklahoma ,indian ,welfare ,act 7#be ,u4,s4,c4 #ebjd74 7iv7 ,entities that are more than #ej percent owned and controlled by an ,indian ,tribe or ,indian ,tribes4 7,e7 ,entity that is more than #ej percent owned and controlled by one or more ,indian ,tribes ,the term entity that is more than #ej percent owned and controlled by one or more ,indian ,tribes means an entity over which one or more ,indian ,tribes have both de facto and de jure control of the entity4 ,de jure control of the entity is evidenced by ownership of greater than #ej percent of the voting stock of a corporation1 or in the case of a partnership1 general partnership interests4 ,de facto control of an entity is determined on a case-by-case basis4 ,an ,indian ,tribe or ,indian ,tribes must demonstrate indicia of control to establish that such ,indian ,tribe or ,indian ,tribes retain de facto control of the applicant seeking eligibility as a qualifying ,tribal entity1 including the following3 7i7 ,the ,indian ,tribe or ,indian ,tribes constitute or appoint more than #ej percent of the board of directors or management committee of the entity4 7ii7 ,the ,indian ,tribe or ,indian ,tribes have authority to appoint1 promote1 demote1 and fire senior executives who control the day-to-day activities of the entity4 7iii7 ,the ,indian ,tribe or ,indian ,tribes play an integral role in the management decisions of the entity4 7iv7 ,the ,indian ,tribe or ,indian ,tribes have the authority to make decisions or otherwise engage in practices or activities that determine or significantly influence-- 7,i7 the nature or types of services offered by such an entity2 7,,ii7 the terms upon which such services are offered2 or 7,,iii7 the prices charged for such services4 7,f7 ,tribal lands ,the term ,tribal lands has the meaning given that term in section #gc4gjjj of title #dg1 ,code of ,federal ,regulations1 as of ,april #af1 #bjbj1 and includes the definition ,indian ,country as defined in section #aaea of title #ah1 ,united ,states ,code1 and includes fee simple and restricted fee land held by an ,indian ,tribe4 7,g7 ,wireless broadband service ,the term wireless broadband service means wireless broadband internet access service that is delivered-- 7i7 with a download speed of not less than #be megabits per second and an upload speed of not less than #c megabits per second2 and 7ii7 through-- 7,i7 mobile service2 7,,ii7 fixed point-to-point multipoint service2 7,,iii7 fixed point-to-point service2 or 7,,iv7 broadcast service4 #cagiaj4 ,facilitating the provision of telehealth services across ,state lines 7a7 ,in general ,for purposes of expediting the provision of telehealth services1 for which payment is made under the ,medicare ,program1 across ,state lines1 the ,secretary of ,health and ,human ,services shall1 in consultation with representatives of ,states1 physicians1 health care practitioners1 and patient advocates1 encourage and facilitate the adoption of provisions allowing for multistate practitioner practice across ,state lines4 7b7 ,definitions ,in subsection 7a73 7#a7 ,telehealth service ,the term telehealth service has the meaning given that term in subparagraph 7,f7 of section #ahcd7m77#d7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciem7m77#d774 7#b7 ,physician1 practitioner ,the terms physician and practitioner have the meaning given those terms in subparagraphs 7,d7 and 7,e71 respectively1 of such section4 7#c7 ,medicare program ,the term ,medicare ,program means the program of health insurance administered by the ,secretary of ,health and ,human ,services under title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #acie et seq474 #aj ,public ,awareness #cagajja4 ,awareness campaigns ,the ,secretary of ,health and ,human ,services1 acting through the ,director of the ,centers for ,disease ,control and ,prevention and in coordination with other offices and agencies1 as appropriate1 shall award competitive grants or contracts to one or more public or private entities1 including faith-based organizations1 to carry out multilingual and culturally appropriate awareness campaigns4 ,such campaigns shall-- 7#a7 be based on available scientific evidence2 7#b7 increase awareness and knowledge of ,,covid-#ai1 including countering stigma associated with ,,covid-#ai2 7#c7 improve information on the availability of ,,covid-#ai diagnostic testing2 and 7#d7 promote cooperation with contact tracing efforts4 #cagajjb4 ,increasing understanding of and improving health literacy 7a7 ,in general ,the ,secretary1 acting through the ,director of the ,agency for ,healthcare ,research and ,quality with respect to grants under subsection 7c77#a7 and through the ,administrator of the ,health ,resources and ,services ,administration with respect to grants under subsection 7c77#b71 in consultation with the ,director of the ,national ,institute on ,minority ,health and ,health ,disparities and the ,deputy ,assistant ,secretary for ,minority ,health1 shall award grants to eligible entities to improve health care for patient populations that have low functional health literacy4 7b7 ,eligibility ,to be eligible to receive a grant under subsection 7a71 an entity shall-- 7#a7 be a hospital1 health center or clinic1 health plan1 or other health entity 7including a nonprofit minority health organization or association72 and 7#b7 prepare and submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may reasonably require4 7c7 ,use of funds 7#a7 ,agency for healthcare research and quality ,a grant awarded under subsection 7a7 through the ,director of the ,agency for ,healthcare ,research and ,quality shall be used-- 7,a7 to define and increase the understanding of health literacy2 7,b7 to investigate the correlation between low health literacy and health and health care2 7,c7 to clarify which aspects of health literacy have an effect on health outcomes2 and 7,d7 for any other activity determined appropriate by the ,director4 7#b7 ,health resources and services administration ,a grant awarded under subsection 7a7 through the ,administrator of the ,health ,resources and ,services ,administration shall be used to conduct demonstration projects for interventions for patients with low health literacy that may include-- 7,a7 the development of new disease management programs for patients with low health literacy2 7,b7 the tailoring of disease management programs addressing mental1 physical1 oral1 and behavioral health conditions for patients with low health literacy2 7,c7 the translation of written health materials for patients with low health literacy2 7,d7 the identification1 implementation1 and testing of low health literacy screening tools2 7,e7 the conduct of educational campaigns for patients and providers about low health literacy2 7,f7 the conduct of educational campaigns concerning health directed specifically at patients with mental disabilities1 including those with cognitive and intellectual disabilities1 designed to reduce the incidence of low health literacy among these populations1 which shall have instructional materials in the plain language standards promulgated under the ,plain ,writing ,act of #bjaj 7#e ,u4,s4,c4 #cja note7 for ,federal agencies2 and 7,g7 other activities determined appropriate by the ,administrator4 7d7 ,definitions ,in this section1 the term low health literacy means the inability of an individual to obtain1 process1 and understand basic health information and services needed to make appropriate health decisions4 7e7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section1 such sums as may be necessary for each of fiscal years #bjbc through #bjbg4 #cagajjc4 ,english for speakers of other languages 7a7 ,grants authorized ,the ,secretary of ,education is authorized to provide grants to eligible entities for the provision of ,english as a second language 7in this section referred to ,,esl7 instruction and shall determine1 after consultation with appropriate stakeholders1 the mechanism for administering and distributing such grants4 7b7 ,eligible entity defined ,in this section1 the term eligible entity means a ,state or community-based organization that employs and serves minority populations4 7c7 ,application ,an eligible entity may apply for a grant under this section by submitting such information as the ,secretary of ,education may require and in such form and manner as the ,secretary may require4 7d7 ,use of grant ,as a condition of receiving a grant under this section1 an eligible entity shall-- 7#a7 develop and implement a plan for assuring the availability of ,,esl instruction that effectively integrates information about the nature of the ,united ,states health care system1 how to access care1 and any special language skills that may be required for individuals to access and regularly negotiate the system effectively2 7#b7 develop a plan1 including1 where appropriate1 public-private partnerships1 for making ,,esl instruction progressively available to all individuals seeking instruction2 and 7#c7 maintain current ,,esl instruction efforts by using funds available under this section to supplement rather than supplant any funds expended for ,,esl instruction in the ,state as of ,january #a1 #bjbb4 7e7 ,additional duties of the secretary ,the ,secretary of ,education shall-- 7#a7 collect and publicize annual data on how much ,federal1 ,state1 and local governments spend on ,,esl instruction2 7#b7 collect data from ,state and local governments to identify the unmet needs of ,english language learners for appropriate ,,esl instruction1 including-- 7,a7 the preferred written and spoken language of such ,english language learners2 7,b7 the extent of waiting lists for ,,esl instruction1 including how many programs maintain waiting lists and1 for programs that do not have waiting lists1 the reasons why not2 7,c7 the availability of programs to geographically isolated communities2 7,d7 the impact of course enrollment policies1 including open enrollment1 on the availability of ,,esl instruction2 7,e7 the number individuals in the ,state and each participating locality2 7,f7 the effectiveness of the instruction in meeting the needs of individuals receiving instruction and those needing instruction2 7,g7 as assessment of the need for programs that integrate job training and ,,esl instruction1 to assist individuals to obtain better jobs2 and 7,h7 the availability of ,,esl slots by ,state and locality2 7#c7 determine the cost and most appropriate methods of making ,,esl instruction available to all ,english language learners seeking instruction2 and 7#d7 not later than #a year after the date of enactment of this ,act1 issue a report to ,congress that assesses the information collected in paragraphs 7#a71 7#b71 and 7#c7 and makes recommendations on steps that should be taken to progressively realize the goal of making ,,esl instruction available to all ,english language learners seeking instruction4 7f7 ,authorization of ,appropriations ,there are authorized to be appropriated to the ,secretary of ,education #bej1jjj1jjj for each of fiscal years #bjbc through #bjbf to carry out this section4 #cagajjd4 ,influenza1 ,,covid-#ai1 and pneumonia vaccination campaign 7a7 ,in general ,the ,secretary of ,health and ,human ,services shall-- 7#a7 enhance the annual campaign by the ,department of ,health and ,human ,services to increase the number of people vaccinated each year for influenza1 pneumonia1 and ,,covid-#ai2 and 7#b7 include in such campaign the use of written educational materials1 public service announcements1 physician education1 and any other means which the ,secretary deems effective4 7b7 ,materials and announcements ,in carrying out the annual campaign described in subsection 7a71 the ,secretary of ,health and ,human ,services shall ensure that-- 7#a7 educational materials and public service announcements are readily and widely available in communities experiencing disparities in the incidence and mortality rates of influenza1 pneumonia1 and ,,covid-#ai2 and 7#b7 the campaign uses targeted1 culturally appropriate messages and messengers to reach underserved communities4 7c7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years #bjbc through #bjbg4 #aa ,research #cagaaja4 ,research and development ,the ,secretary of ,health and ,human ,services1 in coordination with the ,director of the ,centers for ,disease ,control and ,prevention and in collaboration with the ,director of the ,national ,institutes of ,health1 the ,director of the ,agency for ,healthcare ,research and ,quality1 the ,commissioner of ,food and ,drugs1 and the ,administrator of the ,centers for ,medicare ,medicaid ,services1 shall support research and development on more efficient and effective strategies-- 7#a7 for the surveillance of ,,sars-,co,v-#b and ,,covid-#ai2 7#b7 for the testing and identification of individuals infected with ,,covid-#ai2 and 7#c7 for the tracing of contacts of individuals infected with ,,covid-#ai4 #cagaajb4 ,,cdc field studies pertaining to specific health inequities 7a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services 7referred to in this section as the ,secretary71 acting through the ,centers for ,disease ,control and ,prevention1 in collaboration with ,state1 local1 ,tribal1 and territorial health departments1 shall complete 7by the reporting deadline in subsection 7b77 field studies to better understand health inequities that are not currently tracked by the ,secretary4 ,such studies shall include an analysis of-- 7#a7 the impact of socioeconomic status on health care access and disease outcomes1 including ,,covid-#ai outcomes2 7#b7 the impact of disability status on health care access and disease outcomes1 including ,,covid-#ai outcomes2 7#c7 the impact of language preference on health care access and disease outcomes1 including ,,covid-#ai outcomes2 7#d7 factors contributing to disparities in health outcomes for the ,,covid-#ai pandemic2 and 7#e7 other topics related to disparities in health outcomes for the ,,covid-#ai pandemic1 as determined by the ,secretary4 7b7 ,report ,not later than ,december #ca1 #bjbc1 the ,secretary shall submit to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor and ,pensions of the ,senate an initial report on the results of the field studies under this section4 7c7 ,final report ,not later than ,december #ca1 #bjbe1 the ,secretary shall-- 7#a7 update and finalize the initial report under subsection 7b72 and 7#b7 submit such final report to the committees specified in such subsection4 7d7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #be1jjj1jjj1 to remain available until expended4 #cagaajc4 ,expanding capacity for health outcomes 7a7 ,in general ,the ,secretary of ,health and ,human ,services 7referred to in this section as the ,secretary71 acting through the ,administrator of the ,health ,resources and ,services ,administration1 shall award grants to eligible entities to develop and expand the use of technology-enabled collaborative learning and capacity building models to respond to ongoing and real-time learning1 health care information sharing1 and capacity building needs related to ,,covid-#ai4 7b7 ,eligible entities ,to be eligible to receive a grant under this section1 an entity shall have experience providing technology-enabled collaborative learning and capacity building health care services-- 7#a7 in rural areas1 frontier areas1 health professional shortage areas1 or medically underserved area2 or 7#b7 to medically underserved populations or ,indian ,tribes4 7c7 ,use of funds ,an eligible entity receiving a grant under this section shall use funds received through the grant-- 7#a7 to advance quality of care in response to ,,covid-#ai1 with particular emphasis on rural and underserved areas and populations2 7#b7 to protect medical personnel and first responders through sharing real-time learning through virtual communities of practice2 7#c7 to improve patient outcomes for conditions affected or exacerbated by ,,covid-#ai1 including improvement of care for patients with complex chronic conditions2 and 7#d7 to support rapid uptake by health care professionals of emerging best practices and treatment protocols around ,,covid-#ai4 7d7 ,optional additional uses of funds ,an eligible entity receiving a grant under this section may use funds received through the grant for-- 7#a7 equipment to support the use and expansion of technology-enabled collaborative learning and capacity building models1 including hardware and software that enables distance learning1 health care provider support1 and the secure exchange of electronic health information2 7#b7 the participation of multidisciplinary expert team members to facilitate and lead technology-enabled collaborative learning sessions1 and professionals and staff assisting in the development and execution of technology-enabled collaborative learning2 7#c7 the development of instructional programming and the training of health care providers and other professionals that provide or assist in the provision of services through technology-enabled collaborative learning and capacity building models2 and 7#d7 other activities consistent with achieving the objectives of the grants awarded under this section4 7e7 ,technology-enabled collaborative learning and capacity building model defined ,in this section1 the term technology-enabled collaborative learning and capacity building model has the meaning given that term in section #b7g7 of the ,expanding ,capacity for ,health ,outcomes ,act 7,public ,law #aad-bgj2 #acj ,stat4 #acie74 7f7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #bj1jjj1jjj1 to remain available until expended4 #cagaajd4 ,data collection and analysis grants to minority-serving institutions 7a7 ,authority ,the ,secretary of ,health and ,human ,services1 acting through the ,director of the ,national ,institute on ,minority ,health and ,health ,disparities and the ,deputy ,assistant ,secretary for ,minority ,health1 shall award grants to eligible entities to access and analyze racial and ethnic data on disparities in health and health care1 and where possible other data on disparities in health and health care1 to monitor and report on progress to reduce and eliminate disparities in health and health care4 7b7 ,eligible entity ,in this section1 the term eligible entity means an entity that has an accredited public health1 health policy1 or health services research program and is any of the following3 7#a7 ,a part ,b institution1 as defined in section #cbb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfa74 7#b7 ,a ,hispanic-serving institution1 as defined in section #ejb of such ,act 7#bj ,u4,s4,c4 #aaja;a74 7#c7 ,a ,tribal ,college or ,university1 as defined in section #caf of such ,act 7#bj ,u4,s4,c4 #ajei;c74 7#d7 ,an ,asian ,american and ,native ,american ,pacific ,islander-serving institution1 as defined in section #cga7;c7 of such ,act 7#bj ,u4,s4,c4 #ajfgq7c774 7c7 ,authorization of appropriations ,to carry out this section1 there are authorized to be appropriated such sums as may be necessary for fiscal years #bjbc through #bjbg4 #cagaaje4 ,safety and effectiveness of drugs with respect to racial and ethnic background 7a7 ,in general ,chapter ,v of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cea et seq47 is amended by adding after section #eje;,f the following3 #eje;,g4 ,safety and effectiveness of drugs with respect to racial and ethnic background 7a7 ,preapproval studies ,if there is evidence that there may be a disparity on the basis of racial or ethnic background or other demographic characteristics 7such as age1 sex1 gender7 as to the safety or effectiveness of a drug or biological product or if such product addresses a disease that disproportionately impacts certain racial or ethnic groups or other demographic characteristics 7such as age1 sex1 gender71 then-- 7#a7 7,a7 in the case of a drug1 the investigations required under section #eje7;b77#a77;,a7 shall include adequate and well-controlled investigations of the disparity2 or 7,b7 in the case of a biological product1 the evidence required under section #cea7;a7 of the ,public ,health ,service ,act for approval of a biologics license application for the biological product shall include adequate and well-controlled investigations of the disparity2 and 7#b7 if the investigations described in subparagraph 7,a7 or 7,b7 of paragraph 7#a7 confirm that there is such a disparity1 the labeling of the drug or biological product shall include appropriate information about the disparity4 7b7 ,postmarket studies 7#a7 ,in general ,if there is evidence that there may be a disparity on the basis of racial or ethnic background or other demographic characteristics 7such as age1 sex1 gender7 as to the safety or effectiveness of a drug for which there is an approved application under section #eje of this ,act or of a biological product for which there is an approved license under section #cea of the ,public ,health ,service ,act1 the ,secretary may by order require the holder of the approved application or license to conduct1 by a date specified by the ,secretary1 postmarket studies to investigate the disparity4 7#b7 ,labeling ,if the ,secretary determines that the postmarket studies confirm that there is a disparity described in paragraph 7#a71 the labeling of the drug or biological product shall include appropriate information about the disparity4 7#c7 ,study design ,the ,secretary may1 in an order under paragraph 7#a71 specify all aspects of the design of the postmarket studies required under such paragraph for a drug or biological product1 including the number of studies and study participants1 and the other demographic characteristics of the study participants4 7#d7 ,modifications of study design ,the ,secretary may1 by order and as necessary1 modify any aspect of the design of a postmarket study required in an order under paragraph 7#a7 after issuing such order4 7#e7 ,study results ,the results from a study required under paragraph 7#a7 shall be submitted to the ,secretary as a supplement to the drug application or biologics license application4 7c7 ,applications under section #eje7;j7 7#a7 ,in general ,a drug for which an application has been submitted or approved under section #eje7;j7 shall not be considered ineligible for approval under that section or misbranded under section #ejb on the basis that the labeling of the drug omits information relating to a disparity on the basis of racial or ethnic background or other demographic characteristics 7such as age1 sex1 gender7 as to the safety or effectiveness of the drug as to the safety or effectiveness of the drug1 whether derived from investigations or studies required under this section or derived from other sources1 when the omitted information is protected by patent or by exclusivity under section #eje7;j77#e77;,f74 7#b7 ,labeling ,notwithstanding paragraph 7#a71 the ,secretary may require that the labeling of a drug approved under section #eje7;j7 that omits information relating to a disparity on the basis of racial or ethnic background 7such as age1 sex1 gender7 as to the safety or effectiveness of the drug include a statement of any appropriate contraindications1 warnings1 or precautions related to the disparity that the ,secretary considers necessary4 7d7 ,definition ,the term evidence that there may be a disparity on the basis of racial or ethnic background or other demographic characteristics 7such as age1 sex1 gender7 as to the safety or effectiveness1 with respect to a drug or biological product1 includes-- 7#a7 evidence that there is a disparity on the basis of racial or ethnic background or other demographic characteristics 7such as age1 sex1 gender7 as to safety or effectiveness of a drug or biological product in the same chemical class as the drug or biological product2 7#b7 evidence that there is a disparity on the basis of racial or ethnic background or other demographic characteristics 7such as age1 sex1 gender7 in the way the drug or biological product is metabolized2 7#c7 other evidence as the ,secretary may determine appropriate2 and 7#d7 if such product addresses a disease_/condition that evidence shows disproportionately impacts certain racial or ethnic groups or other demographic characteristics 7such as age1 sex1 gender74 4 7b7 ,enforcement ,section #ejb of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #ceb7 is amended by adding at the end the following3 7ee7 ,if it is a drug and the holder of the approved application under section #eje or license under section #cea of the ,public ,health ,service ,act for the drug has failed to complete the investigations or studies1 or comply with any other requirement1 of section #eje;,g4 4 7c7 ,drug fees ,section #gcf7;a77#a77;,a77ii7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cgi;h7a77#a77;,a77ii77 is amended by inserting after are not required the following3 1 including postmarket studies required under section #eje;,g4 #cagaajf4 ,,gao and ,,nih reports 7b7 ,,gao report on ,,nih grant racial and ethnic diversity 7#a7 ,in general ,the ,comptroller ,general of the ,united ,states shall conduct a study on the racial and ethnic diversity among the following groups3 7,a7 ,all applicants for grants1 contracts1 and cooperative agreements awarded by the ,national ,institutes of ,health during the period beginning on ,january #a1 #bjji1 and ending ,december #ca1 #bjai4 7,b7 ,all recipients of such grants1 contracts1 and cooperative agreements during such period4 7,c7 ,all members of the peer review panels of such applicants and recipients1 respectively4 7#b7 ,report ,not later than #f months after the date of the enactment of this ,act1 the ,comptroller ,general shall complete the study under paragraph 7#a7 and submit to ,congress a report containing the results of such study4 7c7 ,,gao report ,not later than one year after the date of the enactment of this ,act and biennially thereafter until #bjbd1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report that identifies-- 7#a7 the racial and ethnic diversity of community-based organizations that applied for ,federal funding provided pursuant to ,coronavirus ,preparedness and ,response ,supplemental ,appropriations ,act 7,public ,law #aaf-abc71 ,families ,first ,coronavirus ,response ,act 7,p4,l4 #aaf-abg71 ,coronavirus ,aid1 ,relief1 and ,economic ,security ,act 7,p4,l4 #aaf-acf71 and ,paycheck ,protection ,program and ,health ,care ,enhancement ,act 7,p4,l4 #aaf-aci72 7#b7 the percentage of such organizations that were awarded such funding2 and 7#c7 the impact of such community-based organizations' efforts on reducing health disparities within racial and ethnic minority groups4 7d7 ,annual report on activities of ,national ,institute on ,minority ,health and ,health ,disparities ,the ,director of the ,national ,institute on ,minority ,health and ,health ,disparities shall prepare an annual report on the activities carried out or to be carried out by such institute1 and shall submit each such report to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate1 the ,committee on ,energy and ,commerce of the ,house of ,representatives1 the ,secretary of ,health and ,human ,services1 and the ,director of the ,national ,institutes of ,health4 ,with respect to the fiscal year involved1 the report shall-- 7#a7 describe and evaluate the progress made in health disparities research conducted or supported by institutes and centers of the ,national ,institutes of ,health2 7#b7 summarize and analyze expenditures made for activities with respect to health disparities research conducted or supported by the ,national ,institutes of ,health2 7#c7 include a separate statement applying the requirements of paragraphs 7#a7 and 7#b7 specifically to minority health disparities research2 and 7#d7 contain such recommendations as the ,director of the ,institute considers appropriate4 #cagaajg4 ,health impact assessments 7a7 ,findings ,congress makes the following findings3 7#a7 ,health ,impact ,assessment is a tool to help planners1 health officials1 decisionmakers1 and the public make more informed decisions about the potential health effects of proposed plans1 policies1 programs1 and projects in order to maximize health benefits and minimize harms4 7#b7 ,health ,impact ,assessments fosters community leadership1 ownership and participation in decision-making processes4 7#c7 ,health ,impact ,assessments can build community support and reduce opposition to a project or policy1 thereby facilitating economic growth by aiding the development of consensus regarding new development proposals4 7#d7 ,health ,impact ,assessments facilitate collaboration across sectors4 7b7 ,purposes ,it is the purpose of this section to-- 7#a7 provide more information about the potential human health effects of policy decisions and the distribution of those effects2 7#b7 improve how health is considered in planning and decisionmaking processes2 and 7#c7 build stronger1 healthier communities through the use of ,health ,impact ,assessment4 7c7 ,health impact assessments ,part ,p of title ,,iii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bhj;g et seq471 as amended by section #gif;,a1 is further amended by adding at the end the following3 #cii,v-#ab4 ,health impact assessments 7a7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,director ,the term ,director means the ,director of the ,centers for ,disease ,control and ,prevention4 7#c7 ,health impact assessment ,the term health impact assessment means a systematic process that uses an array of data sources and analytic methods and considers input from stakeholders to determine the potential effects of a proposed policy1 plan1 program1 or project on the health of a population and the distribution of those effects within the population4 ,such term includes identifying and recommending appropriate actions on monitoring and maximizing potential benefits and minimizing the potential harms4 7#d7 ,health disparity ,the term health disparity means a particular type of health difference that is closely linked with social1 economic1 or environmental disadvantage and that adversely affects groups of people who have systematically experienced greater obstacles to health based on their racial or ethnic group2 religion2 socioeconomic status2 gender2 age2 mental health2 cognitive1 sensory1 or physical disability2 sexual orientation or gender identity2 geographic location2 citizenship status2 or other characteristics historically linked to discrimination or exclusion4 7b7 ,establishment ,the ,secretary1 acting through the ,director and in collaboration with the ,administrator1 shall-- 7#a7 in consultation with the ,director of the ,national ,center for ,chronic ,disease ,prevention and ,health ,promotion and relevant offices within the ,department of ,housing and ,urban ,development1 the ,department of ,transportation1 and the ,department of ,agriculture1 establish a program at the ,national ,center for ,environmental ,health at the ,centers for ,disease ,control and ,prevention focused on advancing the field of health impact assessment that includes-- 7,a7 collecting and disseminating best practices2 7,b7 administering capacity building grants to ,states to support grantees in initiating health impact assessments1 in accordance with subsection 7d72 7,c7 providing technical assistance2 7,d7 developing training tools and providing training on conducting health impact assessment and the implementation of built environment and health indicators2 7,e7 making information available1 as appropriate1 regarding the existence of other community healthy living tools1 checklists1 and indices that help connect public health to other sectors1 and tools to help examine the effect of the indoor built environment and building codes on population health2 7,f7 conducting research and evaluations of health impact assessments2 and 7,g7 awarding competitive extramural research grants2 7#b7 develop guidance and guidelines to conduct health impact assessments in accordance with subsection 7c72 and 7#c7 establish a grant program to allow ,states to fund eligible entities to conduct health impact assessments4 7c7 ,guidance 7#a7 ,in general ,not later than #a year after the date of enactment of the ,ending ,health ,disparities during ,,covid-#ai ,act of #bjbj1 the ,secretary1 acting through the ,director1 shall issue final guidance for conducting the health impact assessments4 ,in developing such guidance the ,secretary shall-- 7,a7 consult with the ,director of the ,national ,center for ,environmental ,health and1 the ,director of the ,national ,center for ,chronic ,disease ,prevention and ,health ,promotion1 and relevant offices within the ,department of ,housing and ,urban ,development1 the ,department of ,transportation1 and the ,department of ,agriculture2 and 7,b7 consider available international health impact assessment guidance1 ,north ,american health impact assessment practice standards1 and recommendations from the ,national ,academy of ,science4 7#b7 ,content ,the guidance under this subsection shall include-- 7,a7 background on national and international efforts to bridge urban planning1 climate forecasting1 and public health institutions and disciplines1 including a review of health impact assessment best practices internationally2 7,b7 evidence-based direct and indirect pathways that link land-use planning1 transportation1 and housing policy and objectives to human health outcomes2 7,c7 data resources and quantitative and qualitative forecasting methods to evaluate both the status of health determinants and health effects1 including identification of existing programs that can disseminate these resources2 7,d7 best practices for inclusive public involvement in conducting health impact assessments2 and 7,e7 technical assistance for other agencies seeking to develop their own guidelines and procedures for health impact assessment4 7d7 ,grant program 7#a7 ,in general ,the ,secretary1 acting through the ,director and in collaboration with the ,administrator1 shall-- 7,a7 award grants to ,states to fund eligible entities for capacity building or to prepare health impact assessments2 and 7,b7 ensure that ,states receiving a grant under this subsection further support training and technical assistance for grantees under the program by funding and overseeing appropriate local1 ,state1 ,tribal1 ,federal1 institution of higher education1 or nonprofit health impact assessment experts to provide such technical assistance4 7#b7 ,applications 7,a7 ,in general ,to be eligible to receive a grant under this section1 an eligible entity shall-- 7i7 be a ,state1 ,indian tribe1 or tribal organization that includes individuals or populations the health of which are1 or will be1 affected by an activity or a proposed activity2 and 7ii7 submit to the ,secretary an application in accordance with this subsection1 at such time1 in such manner1 and containing such additional information as the ,secretary may require4 7,b7 ,inclusion ,an application under this subsection shall include a list of proposed activities that require or would benefit from conducting a health impact assessment within six months of awarding funds4 ,the list should be accompanied by supporting documentation1 including letters of support1 from potential conductors of health impact assessments for the listed proposed activities4 ,each application should also include an assessment by the eligible entity of the health of the population of its jurisdiction and describe potential adverse or positive effects on health that the proposed activities may create4 7,c7 ,preference ,preference in awarding funds under this section may be given to eligible entities that demonstrate the potential to significantly improve population health or lower health care costs as a result of potential health impact assessment work4 7#c7 ,use of funds 7,a7 ,in general ,an entity receiving a grant under this section shall use such grant funds to conduct health impact assessment capacity building or to fund subgrantees in conducting a health impact assessment for a proposed activity in accordance with this subsection4 7,b7 ,purposes ,the purposes of a health impact assessment under this subsection are-- 7i7 to facilitate the involvement of tribal1 ,state1 and local public health officials in community planning1 transportation1 housing1 and land use decisions and other decisions affecting the built environment to identify any potential health concern or health benefit relating to an activity or proposed activity2 7ii7 to provide for an investigation of any health-related issue of concern raised in a planning process1 an environmental impact assessment process1 or policy appraisal relating to a proposed activity2 7iii7 to describe and compare alternatives 7including no-action alternatives7 to a proposed activity to provide clarification with respect to the potential health outcomes associated with the proposed activity and1 where appropriate1 to the related benefit-cost or cost-effectiveness of the proposed activity and alternatives2 7iv7 to contribute1 when applicable1 to the findings of a planning process1 policy appraisal1 or an environmental impact statement with respect to the terms and conditions of implementing a proposed activity or related mitigation recommendations1 as necessary2 7v7 to ensure that the disproportionate distribution of negative impacts among vulnerable populations is minimized as much as possible2 7vi7 to engage affected community members and ensure adequate opportunity for public comment on all stages of the health impact assessment2 7vii7 where appropriate1 to consult with local and county health departments and appropriate organizations1 including planning1 transportation1 and housing organizations and providing them with information and tools regarding how to conduct and integrate health impact assessment into their work2 and 7viii7 to inspect homes1 water systems1 and other elements that pose risks to lead exposure1 with an emphasis on areas that pose a higher risk to children4 7#d7 ,assessments ,health impact assessments carried out using grant funds under this section shall-- 7,a7 take appropriate health factors into consideration as early as practicable during the planning1 review1 or decisionmaking processes2 7,b7 assess the effect on the health of individuals and populations of proposed policies1 projects1 or plans that result in modifications to the built environment2 and 7,c7 assess the distribution of health effects across various factors1 such as race1 income1 ethnicity1 age1 disability status1 gender1 and geography4 7#e7 ,eligible activities 7,a7 ,in general ,eligible entities funded under this subsection shall conduct an evaluation of any proposed activity to determine whether it will have a significant adverse or positive effect on the health of the affected population in the jurisdiction of the eligible entity1 based on the criteria described in subparagraph 7,b74 7,b7 ,criteria ,the criteria described in this subparagraph include1 as applicable to the proposed activity1 the following3 7i7 ,any substantial adverse effect or significant health benefit on health outcomes or factors known to influence health1 including the following3 7,i7 ,physical activity4 7,,ii7 ,injury4 7,,iii7 ,mental health4 7,,iv7 ,accessibility to health-promoting goods and services4 7,v7 ,respiratory health4 7,,vi7 ,chronic disease4 7,,vii7 ,nutrition4 7,,viii7 ,land use changes that promote local1 sustainable food sources4 7,,ix7 ,infectious disease1 including ,,covid-#ai4 7,x7 ,health disparities4 7,,xi7 ,existing air quality1 ground or surface water quality or quantity1 or noise levels4 7,,xii7 ,lead exposure4 7,,xiii7 ,drinking water quality and accessibility4 7ii7 ,other factors that may be considered1 including-- 7,i7 the potential for a proposed activity to result in systems failure that leads to a public health emergency1 pandemic1 or other infectious or biochemical agent2 7,,ii7 the probability that the proposed activity will result in a significant increase in tourism1 economic development1 or employment in the jurisdiction of the eligible entity2 7,,iii7 any other significant potential hazard or enhancement to human health1 as determined by the eligible entity2 or 7,,iv7 whether the evaluation of a proposed activity would duplicate another analysis or study being undertaken in conjunction with the proposed activity4 7,c7 ,factors for consideration ,in evaluating a proposed activity under subparagraph 7,a71 an eligible entity may take into consideration any reasonable1 direct1 indirect1 or cumulative effect that can be clearly related to potential health effects and that is related to the proposed activity1 including the effect of any action that is-- 7i7 included in the long-range plan relating to the proposed activity2 7ii7 likely to be carried out in coordination with the proposed activity2 7iii7 dependent on the occurrence of the proposed activity2 or 7iv7 likely to have a disproportionate impact on high-risk or vulnerable populations4 7#f7 ,requirements ,a health impact assessment prepared with funds awarded under this subsection shall incorporate the following1 after conducting the screening phase 7identifying projects or policies for which a health impact assessment would be valuable and feasible7 through the application process3 7,a7 ,scoping ,identifying which health effects to consider and the research methods to be utilized4 7,b7 ,assessing risks and benefits ,assessing the baseline health status and factors known to influence the health status in the affected community1 which may include aggregating and synthesizing existing health assessment evidence and data from the community4 7,c7 ,developing recommendations ,suggesting changes to proposals to promote positive or mitigate adverse health effects4 7,d7 ,reporting ,synthesizing the assessment and recommendations and communicating the results to decisionmakers4 7,e7 ,monitoring and evaluating ,tracking the decision and implementation effect on health determinants and health status4 7#g7 ,plan ,an eligible entity that is awarded a grant under this section shall develop and implement a plan1 to be approved by the ,director1 for meaningful and inclusive stakeholder involvement in all phases of the health impact assessment4 ,stakeholders may include community leaders1 community-based organizations1 youth-serving organizations1 planners1 public health experts1 ,state and local public health departments and officials1 health care experts or officials1 housing experts or officials1 and transportation experts or officials4 7#h7 ,submission of findings ,an eligible entity that is awarded a grant under this section shall submit the findings of any funded health impact assessment activities to the ,secretary and make these findings publicly available4 7#i7 ,assessment of impacts ,an eligible entity that is awarded a grant under this section shall ensure the assessment of the distribution of health impacts 7related to the proposed activity7 across race1 ethnicity1 income1 age1 gender1 disability status1 and geography4 7#aj7 ,conduct of assessment ,to the greatest extent feasible1 a health impact assessment shall be conducted under this section in a manner that respects the needs and timing of the decisionmaking process it evaluates4 7#aa7 ,methodology ,in preparing a health impact assessment under this subsection1 an eligible entity or partner shall follow the guidance published under subsection 7c74 7e7 ,health impact assessment database ,the ,secretary1 acting through the ,director and in collaboration with the ,administrator1 shall establish1 maintain1 and make publicly available a health impact assessment database1 including-- 7#a7 a catalog of health impact assessments received under this section2 7#b7 an inventory of tools used by eligible entities to conduct health impact assessments2 and 7#c7 guidance for eligible entities with respect to the selection of appropriate tools described in paragraph 7#b74 7f7 ,evaluation of grantee activities ,the ,secretary shall award competitive grants to ,prevention ,research ,centers1 or nonprofit organizations or academic institutions with expertise in health impact assessments to-- 7#a7 assist grantees with the provision of training and technical assistance in the conducting of health impact assessments2 7#b7 evaluate the activities carried out with grants under subsection 7d72 and 7#c7 assist the ,secretary in disseminating evidence1 best practices1 and lessons learned from grantees4 7g7 ,report to ,congress ,not later than #a year after the date of enactment of the ,ending ,health ,disparities ,during ,,covid-#ai ,act of #bjba1 the ,secretary shall submit to ,congress a report concerning the evaluation of the programs under this section1 including recommendations as to how lessons learned from such programs can be incorporated into future guidance documents developed and provided by the ,secretary and other ,federal agencies1 as appropriate4 7h7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section such sums as may be necessary4 #cii,v-#ac4 ,implementation of research findings to improve health outcomes through the built environment 7a7 ,research grant program ,the ,secretary1 in collaboration with the ,administrator of the ,environmental ,protection ,agency 7referred to in this section as the ,administrator71 shall award grants to public agencies or private nonprofit institutions to implement evidence-based programming to improve human health through improvements to the built environment and subsequently human health1 by addressing-- 7#a7 levels of physical activity2 7#b7 consumption of nutritional foods2 7#c7 rates of crime2 7#d7 air1 water1 and soil quality2 7#e7 risk or rate of injury2 7#f7 accessibility to health-promoting goods and services2 7#g7 chronic disease rates2 7#h7 community design2 7#i7 housing2 or transportation options2 7#aj7 ability to reduce the spread of infectious diseases 7such as ,,covid-#ai72 and 7#aa7 other factors1 as the ,secretary determines appropriate4 7b7 ,applications ,a public agency or private nonprofit institution desiring a grant under this section shall submit to the ,secretary an application at such time1 in such manner1 and containing such agreements1 assurances1 and information as the ,secretary1 in consultation with the ,administrator1 may require4 7c7 ,research ,the ,secretary1 in consultation with the ,administrator1 shall support1 through grants awarded under this section1 research that-- 7#a7 uses evidence-based research to improve the built environment and human health2 7#b7 examines-- 7,a7 the scope and intensity of the impact that the built environment 7including the various characteristics of the built environment7 has on the human health2 or 7,b7 the distribution of such impacts by-- 7i7 location2 and 7ii7 population subgroup2 7#c7 is used to develop-- 7,a7 measures and indicators to address health impacts and the connection of health to the built environment2 7,b7 efforts to link the measures to transportation1 land use1 and health databases2 and 7,c7 efforts to enhance the collection of built environment surveillance data2 7#d7 distinguishes carefully between personal attitudes and choices and external influences on behavior to determine how much the association between the built environment and the health of residents1 versus the lifestyle preferences of the people that choose to live in the neighborhood1 reflects the physical characteristics of the neighborhood2 and 7#e7 7,a7 identifies or develops effective intervention strategies focusing on enhancements to the built environment that promote increased use physical activity1 access to nutritious foods1 or other health-promoting activities by residents2 and 7,b7 in developing the intervention strategies under subparagraph 7,a71 ensures that the intervention strategies will reach out to high-risk or vulnerable populations1 including low-income urban and rural communities and aging populations1 in addition to the general population4 7d7 ,surveys ,the ,secretary may allow recipients of grants under this section to use such grant funds to support the expansion of national surveys and data tracking systems to provide more detailed information about the connection between the built environment and health4 7e7 ,priority ,in awarding grants under this section1 the ,secretary and the ,administrator shall give priority to entities with programming that incorporates-- 7#a7 interdisciplinary approaches2 or 7#b7 the expertise of the public health1 physical activity1 urban planning1 land use1 and transportation research communities in the ,united ,states and abroad4 7f7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this section4 ,the ,secretary may allocate not more than #bj percent of the amount so appropriated for a fiscal year for purposes of conducting research under subsection 7c74 4 #cagaajh4 ,tribal funding to research health inequities including ,,covid-#ai 7a7 ,in general ,not later than #f months after the date of enactment of this ,act1 the ,director of the ,indian ,health ,service1 in coordination with ,tribal ,epidemiology ,centers and other ,federal agencies1 as appropriate1 shall conduct or support research and field studies for the purposes of improved understanding of ,tribal health inequities among ,american ,indians and ,alaska ,natives1 including with respect to-- 7#a7 disparities related to ,,covid-#ai2 7#b7 public health surveillance and infrastructure regarding unmet needs in ,indian country and ,urban ,indian communities2 7#c7 population-based health disparities2 7#d7 barriers to health care services2 7#e7 the impact of socioeconomic status2 and 7#f7 factors contributing to ,tribal health inequities4 7b7 ,consultation1 confer1 and coordination ,in carrying out this section1 the ,director of the ,indian ,health ,service shall-- 7#a7 consult with ,indian ,tribes and ,tribal organizations2 7#b7 confer with ,urban ,indian organizations2 7#c7 coordinate with the ,director of the ,centers for ,disease ,control and ,prevention and the ,director of the ,national ,institutes of ,health4 7c7 ,process ,not later than #fj days after the date of enactment of this ,act1 the ,director of the ,indian ,health ,service shall establish a nationally representative panel to establish processes and procedures for the research and field studies conducted or supported under subsection 7a74 ,the ,director shall ensure that1 at a minimum1 the panel consists of the following individuals3 7#a7 ,elected ,tribal leaders or their designees4 7#b7 ,tribal public health practitioners and experts from the national and regional levels4 7d7 ,duties ,the panel established under subsection 7c7 shall1 at a minimum-- 7#a7 advise the ,director of the ,indian ,health ,service on the processes and procedures regarding the design1 implementation1 and evaluation of1 and reporting on1 research and field studies conducted or supported under this section2 7#b7 develop and share resources on ,tribal public health data surveillance and reporting1 including best practices2 and 7#c7 carry out such other activities as may be appropriate to establish processes and procedures for the research and field studies conducted or supported under subsection 7a74 7e7 ,report ,not later than #a year after expending all funds made available to carry out this section1 the ,director of the ,indian ,health ,service1 in coordination with the panel established under subsection 7c71 shall submit an initial report on the results of the research and field studies under this section to-- 7#a7 the ,committee on ,energy and ,commerce and the ,committee on ,natural ,resources of the ,house of ,representatives2 and 7#b7 the ,committee on ,indian ,affairs and the ,committee on ,health1 ,education1 ,labor and ,pensions of the ,senate4 7f7 ,tribal data sovereignty ,the ,director of the ,indian ,health ,service shall ensure that all research and field studies conducted or supported under this section are tribally-directed and carried out in a manner which ensures ,tribal-direction of all data collected under this section-- 7#a7 according to ,tribal best practices regarding research design and implementation1 including by ensuring the consent of the ,tribes involved to public reporting of ,tribal data2 7#b7 according to all relevant and applicable ,tribal1 professional1 institutional1 and ,federal standards for conducting research and governing research ethics2 7#c7 with the prior and informed consent of any ,indian ,tribe participating in the research or sharing data for use under this section2 and 7#d7 in a manner that respects the inherent sovereignty of ,indian ,tribes1 including ,tribal governance of data and research4 7g7 ,final report ,not later than ,december #ca1 #bjbe1 the ,director of the ,indian ,health ,service shall-- 7#a7 update and finalize the initial report under subsection 7e72 and 7#b7 submit such final report to the committees specified in such subsection4 7h7 ,definitions ,in this section3 7#a7 ,the terms ,indian ,tribe and ,tribal organization have the meanings given to such terms in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#b7 ,the term ,urban ,indian organization has the meaning given to such term in section #d of the ,indian ,health ,care ,improvement ,act 7#be ,u4,s4,c4 #afjc74 7i7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #be1jjj1jjj1 to remain available until expended4 #cagaaji4 ,research endowments at both current and former centers of excellence ,paragraph 7#a7 of section #dfdz-#c7;h7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bhet7h77 is amended to read as follows3 7#a7 ,in general ,the ,director of the ,institute may carry out a program to facilitate minority health disparities research and other health disparities research by providing for research endowments-- 7,a7 at current or former centers of excellence under section #gcf2 and 7,b7 at current or former centers of excellence under section #dfdz-#d4 4 #ab ,education #cagabja4 ,grants for schools of medicine in diverse and underserved areas ,subpart ,,ii of part ,c of title ,,vii of the ,public ,health ,service ,act is amended by inserting after section #gdi;,b of such ,act 7#db ,u4,s4,c4 #bicm7 the following3 #gdi;,c4 ,schools of medicine in underserved areas 7a7 ,grants ,the ,secretary1 acting through the ,administrator of the ,health ,resources and ,services ,administration1 may award grants to institutions of higher education 7including multiple institutions of higher education applying jointly7 for the establishment1 improvement1 and expansion of an allopathic or osteopathic school of medicine1 or a branch campus of an allopathic or osteopathic school of medicine4 7b7 ,priority ,in selecting grant recipients under this section1 the ,secretary shall give priority to institutions of higher education that-- 7#a7 propose to use the grant for an allopathic or osteopathic school of medicine1 or a branch campus of an allopathic or osteopathic school of medicine1 in a combined statistical area with fewer than #bjj actively practicing physicians per #ajj1jjj residents according to the medical board 7or boards7 of the ,state 7or ,states7 involved2 7#b7 have a curriculum that emphasizes care for diverse and underserved populations2 or 7#c7 are minority-serving institutions described in the list in section #cga7;a7 of the ,higher ,education ,act of #aife4 7c7 ,use of funds ,the activities for which a grant under this section may be used include-- 7#a7 planning and constructing-- 7,a7 a new allopathic or osteopathic school of medicine in an area in which no other school is based2 or 7,b7 a branch campus of an allopathic or osteopathic school of medicine in an area in which no such school is based2 7#b7 accreditation and planning activities for an allopathic or osteopathic school of medicine or branch campus2 7#c7 hiring faculty and other staff to serve at an allopathic or osteopathic school of medicine or branch campus2 7#d7 recruitment and enrollment of students at an allopathic or osteopathic school of medicine or branch campus2 7#e7 supporting educational programs at an allopathic or osteopathic school of medicine or branch campus2 7#f7 modernizing infrastructure or curriculum at an existing allopathic or osteopathic school of medicine or branch campus thereof2 7#g7 expanding infrastructure or curriculum at existing an allopathic or osteopathic school of medicine or branch campus2 and 7#h7 other activities that the ,secretary determines further the development1 improvement1 and expansion of an allopathic or osteopathic school of medicine or branch campus thereof4 7d7 ,definitions ,in this section3 7#a7 ,the term branch campus means a geographically separate site at least #ajj miles from the main campus of a school of medicine where at least one student completes at least #fj percent of the student's training leading to a degree of doctor of medicine4 7#b7 ,the term institution of higher education has the meaning given to such term in section #aja7;a7 of the ,higher ,education ,act of #aife4 7e7 ,authorization of appropriations ,to carry out this section1 there is authorized to be appropriated #a1jjj1jjj1jjj1 to remain available until expended4 4 #cagabjb4 ,amendment to the ,public ,health ,service ,act ,title ,,xxxiv of the ,public ,health ,service ,act1 as amended by as amended by sections #ajd1 #gjb1 and #hjf1 is amended by adding at the end the following3 ,d ,diversifying the ,health ,care ,workplace #cdaj4 ,national ,working ,group on ,workforce ,diversity 7a7 ,in general ,the ,secretary1 acting through the ,bureau of ,health ,workforce of the ,health ,resources and ,services ,administration1 shall award a grant to an entity determined appropriate by the ,secretary for the establishment of a national working group on workforce diversity4 7b7 ,representation ,in establishing the national working group under subsection 7a73 7#a7 ,the grantee shall ensure that the group has representatives of each of the following3 7,a7 ,the ,health ,resources and ,services ,administration4 7,b7 ,the ,department of ,health and ,human ,services ,data ,council4 7,c7 ,the ,office of ,minority ,health of the ,department of ,health and ,human ,services4 7,d7 ,the ,substance ,abuse and ,mental ,health ,services ,administration4 7,e7 ,the ,bureau of ,labor ,statistics of the ,department of ,labor4 7,f7 ,the ,national ,institute on ,minority ,health and ,health ,disparities4 7,g7 ,the ,agency for ,healthcare ,research and ,quality4 7,h7 ,the ,institute of ,medicine ,study ,committee for the #bjjd workforce diversity report4 7,i7 ,the ,indian ,health ,service4 7,j7 ,the ,department of ,education4 7,k7 ,minority-serving academic institutions4 7,l7 ,consumer organizations4 7,m7 ,health professional associations1 including those that represent underrepresented minority populations4 7,n7 ,researchers in the area of health workforce4 7,o7 ,health workforce accreditation entities4 7,p7 ,private 7including nonprofit7 foundations that have sponsored workforce diversity initiatives4 7,q7 ,local and ,state health departments4 7,r7 ,representatives of community members to be included on admissions committees for health profession schools pursuant to subsection 7c77#i74 7,s7 ,national community-based organizations that serve as a national intermediary to their urban affiliate members and have demonstrated capacity to train health care professionals4 7,t7 ,the ,veterans ,health ,administration4 7,u7 ,other entities determined appropriate by the ,secretary4 7#b7 ,the grantee shall ensure that1 in addition to the representatives under paragraph 7#a71 the working group has not less than #e health professions students representing various health profession fields and levels of training4 7c7 ,activities ,the working group established under subsection 7a7 shall convene at least twice each year to complete the following activities3 7#a7 ,review public and private health workforce diversity initiatives4 7#b7 ,identify successful health workforce diversity programs and practices4 7#c7 ,examine challenges relating to the development and implementation of health workforce diversity initiatives4 7#d7 ,draft a national strategic work plan for health workforce diversity1 including recommendations for public and private sector initiatives4 7#e7 ,develop a framework and methods for the evaluation of current and future health workforce diversity initiatives4 7#f7 ,develop recommended standards for workforce diversity that could be applicable to all health professions programs and programs funded under this ,act4 7#g7 ,develop guidelines to train health professionals to care for a diverse population4 7#h7 ,develop a workforce data collection or tracking system to identify where racial and ethnic minority health professionals practice4 7#i7 ,develop a strategy for the inclusion of community members on admissions committees for health profession schools4 7#aj7 ,help with monitoring and implementation of standards for diversity1 equity1 and inclusion4 7#aa7 ,other activities determined appropriate by the ,secretary4 7d7 ,annual report ,not later than #a year after the establishment of the working group under subsection 7a71 and annually thereafter1 the working group shall prepare and make available to the general public for comment1 an annual report on the activities of the working group4 ,such report shall include the recommendations of the working group for improving health workforce diversity4 7e7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years #bjbc through #bjbg4 #cdab4 ,technical ,clearinghouse for ,health workforce ,diversity 7a7 ,in general ,the ,secretary1 acting through the ,deputy ,assistant ,secretary for ,minority ,health1 and in collaboration with the ,bureau of ,health ,workforce within the ,health ,resources and ,services ,administration and the ,national ,institute on ,minority ,health and ,health ,disparities1 shall establish a technical clearinghouse on health workforce diversity within the ,office of ,minority ,health and coordinate current and future clearinghouses related to health workforce diversity4 7b7 ,information and services ,the clearinghouse established under subsection 7a7 shall offer the following information and services3 7#a7 ,information on the importance of health workforce diversity4 7#b7 ,statistical information relating to underrepresented minority representation in health and allied health professions and occupations4 7#c7 ,model health workforce diversity practices and programs1 including integrated models of care4 7#d7 ,admissions policies that promote health workforce diversity and are in compliance with ,federal and ,state laws4 7#e7 ,retainment policies that promote completion of health profession degrees for underserved populations4 7#f7 ,lists of scholarship1 loan repayment1 and loan cancellation grants as well as fellowship information for underserved populations for health professions schools4 7#g7 ,foundation and other large organizational initiatives relating to health workforce diversity4 7c7 ,consultation ,in carrying out this section1 the ,secretary shall consult with non-,federal entities which may include minority health professional associations and minority sections of major health professional associations to ensure the adequacy and accuracy of information4 7d7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years #bjbc through #bjbg4 #cdac4 ,support for ,institutions committed to workforce diversity1 equity1 and inclusion 7a7 ,in general ,the ,secretary1 acting through the ,administrator of the ,health ,resources and ,services ,administration and the ,centers for ,disease ,control and ,prevention1 shall award grants to eligible entities that demonstrate a commitment to health workforce diversity4 7b7 ,eligibility ,to be eligible to receive a grant under subsection 7a71 an entity shall-- 7#a7 be an educational institution or entity that historically produces or trains meaningful numbers of underrepresented minority health professionals1 including-- 7,a7 part ,b institutions1 as defined in section #cbb of the ,higher ,education ,act of #aife2 7,b7 ,hispanic-serving health professions schools2 7,c7 ,hispanic-serving institutions1 as defined in section #ejb of such ,act2 7,d7 ,tribal colleges or universities1 as defined in section #caf of such ,act2 7,e7 ,asian ,american and ,native ,american ,pacific ,islander-serving institutions1 as defined in section #cga7;c7 of such ,act2 7,f7 institutions that have programs to recruit and retain underrepresented minority health professionals1 in which a significant number of the enrolled participants are underrepresented minorities2 7,g7 health professional associations1 which may include underrepresented minority health professional associations2 and 7,h7 institutions1 including national and regional community-based organizations with demonstrated commitment to a diversified workforce-- 7i7 located in communities with predominantly underrepresented minority populations2 7ii7 with whom partnerships have been formed for the purpose of increasing workforce diversity2 and 7iii7 in which at least #bj percent of the enrolled participants are underrepresented minorities2 and 7#b7 submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7c7 ,use of funds ,amounts received under a grant under subsection 7a7 shall be used to expand existing workforce diversity programs1 implement new workforce diversity programs1 or evaluate existing or new workforce diversity programs1 including with respect to mental health care professions4 ,such programs shall enhance diversity by considering minority status as part of an individualized consideration of qualifications4 ,possible activities may include-- 7#a7 educational outreach programs relating to opportunities in the health professions2 7#b7 scholarship1 fellowship1 grant1 loan repayment1 and loan cancellation programs2 7#c7 postbaccalaureate programs2 7#d7 academic enrichment programs1 particularly targeting those who would not be competitive for health professions schools2 7#e7 supporting workforce diversity in kindergarten through #abth grade and other health pipeline programs2 7#f7 mentoring programs2 7#g7 internship or rotation programs involving hospitals1 health systems1 health plans1 and other health entities2 7#h7 community partnership development for purposes relating to workforce diversity2 or 7#i7 leadership training4 7d7 ,reports ,not later than #a year after receiving a grant under this section1 and annually for the term of the grant1 a grantee shall submit to the ,secretary a report that summarizes and evaluates all activities conducted under the grant4 7e7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section1 such sums as may be necessary for each of fiscal years #bjbc through #bjbg4 #cdad4 ,career development for scientists and researchers 7a7 ,in general ,the ,secretary1 acting through the ,director of the ,national ,institutes of ,health1 the ,director of the ,centers for ,disease ,control and ,prevention1 the ,commissioner of ,food and ,drugs1 the ,director of the ,agency for ,healthcare ,research and ,quality1 and the ,administrator of the ,health ,resources and ,services ,administration1 shall award grants that expand existing opportunities for scientists and researchers and promote the inclusion of underrepresented minorities in the health professions4 7b7 ,research funding ,the head of each agency listed in subsection 7a7 shall establish or expand existing programs to provide research funding to scientists and researchers in training4 ,under such programs1 the head of each such entity shall give priority in allocating research funding to support health research in traditionally underserved communities1 including underrepresented minority communities1 and research classified as community or participatory4 7c7 ,data collection ,the head of each agency listed in subsection 7a7 shall collect data on the number 7expressed as an absolute number and a percentage7 of underrepresented minority and nonminority applicants who receive and are denied agency funding at every stage of review4 ,such data shall be reported annually to the ,secretary and the appropriate committees of ,congress4 7d7 ,student loan reimbursement ,the ,secretary shall establish a student loan reimbursement program to provide student loan reimbursement assistance to researchers who focus on racial and ethnic disparities in health4 ,the ,secretary shall promulgate regulations to define the scope and procedures for the program under this subsection4 7e7 ,student loan cancellation ,the ,secretary shall establish a student loan cancellation program to provide student loan cancellation assistance to researchers who focus on racial and ethnic disparities in health4 ,students participating in the program shall make a minimum #e-year commitment to work at an accredited health profession school4 ,the ,secretary shall promulgate additional regulations to define the scope and procedures for the program under this subsection4 7f7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section1 such sums as may be necessary for each of fiscal years #bjbc through #bjbg4 #cdae4 ,career support for nonresearch ,health professionals 7a7 ,in general ,the ,secretary1 acting through the ,director of the ,centers for ,disease ,control and ,prevention1 the ,assistant ,secretary for ,mental ,health and ,substance ,use1 the ,administrator of the ,health ,resources and ,services ,administration1 and the ,administrator of the ,centers for ,medicare ,medicaid ,services1 shall establish a program to award grants to eligible individuals for career support in nonresearch-related health and wellness professions4 7b7 ,eligibility ,to be eligible to receive a grant under subsection 7a71 an individual shall-- 7#a7 be a student in a health professions school1 a graduate of such a school who is working in a health profession1 an individual working in a health or wellness profession 7including mental and behavioral health71 or a faculty member of such a school2 and 7#b7 submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7c7 ,use of funds ,an individual shall use amounts received under a grant under this section to-- 7#a7 support the individual's health activities or projects that involve underserved communities1 including racial and ethnic minority communities2 7#b7 support health-related career advancement activities2 7#c7 to pay1 or as reimbursement for payments of1 student loans or training or credentialing costs for individuals who are health professionals and are focused on health issues affecting underserved communities1 including racial and ethnic minority communities2 and 7#d7 to establish and promote leadership training programs to decrease health disparities and to increase cultural competence with the goal of increasing diversity in leadership positions4 7d7 ,definition ,in this section1 the term career in nonresearch-related health and wellness professions means employment or intended employment in the field of public health1 health policy1 health management1 health administration1 medicine1 nursing1 pharmacy1 psychology1 social work1 psychiatry1 other mental and behavioral health1 allied health1 community health1 social work1 or other fields determined appropriate by the ,secretary1 other than in a position that involves research4 7e7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years #bjbc through #bjbg4 #cdaf4 ,research on the effect of workforce ,diversity on quality 7a7 ,in general ,the ,director of the ,agency for ,healthcare ,research and ,quality1 in collaboration with the ,deputy ,assistant ,secretary for ,minority ,health and the ,director of the ,national ,institute on ,minority ,health and ,health ,disparities1 shall award grants to eligible entities to expand research on the link between health workforce diversity and quality health care4 7b7 ,eligibility ,to be eligible to receive a grant under subsection 7a71 an entity shall-- 7#a7 be a clinical1 public health1 or health services research entity or other entity determined appropriate by the ,director2 and 7#b7 submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7c7 ,use of funds ,amounts received under a grant awarded under subsection 7a7 shall be used to support research that investigates the effect of health workforce diversity on-- 7#a7 language access2 7#b7 cultural competence2 7#c7 patient satisfaction2 7#d7 timeliness of care2 7#e7 safety of care2 7#f7 effectiveness of care2 7#g7 efficiency of care2 7#h7 patient outcomes2 7#i7 community engagement2 7#aj7 resource allocation2 7#aa7 organizational structure2 7#ab7 compliance of care2 or 7#ac7 other topics determined appropriate by the ,director4 7d7 ,priority ,in awarding grants under subsection 7a71 the ,director shall give individualized consideration to all relevant aspects of the applicant's background4 ,consideration of prior research experience involving the health of underserved communities shall be such a factor4 7e7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years #bjbc through #bjbg4 #cdag4 ,health disparities education program 7a7 ,establishment ,the ,secretary1 acting through the ,office of ,minority ,health1 in collaboration with the ,national ,institute on ,minority ,health and ,health ,disparities1 the ,office for ,civil ,rights1 the ,centers for ,disease ,control and ,prevention1 the ,centers for ,medicare ,medicaid ,services1 the ,health ,resources and ,services ,administration1 and other appropriate public and private entities1 shall establish and coordinate a health and health care disparities education program to support1 develop1 and implement educational initiatives and outreach strategies that inform health care professionals and the public about the existence of and methods to reduce racial and ethnic disparities in health and health care4 7b7 ,activities ,the ,secretary1 through the education program established under subsection 7a71 shall1 through the use of public awareness and outreach campaigns targeting the general public and the medical community at large-- 7#a7 disseminate scientific evidence for the existence and extent of racial and ethnic disparities in health care1 including disparities that are not otherwise attributable to known factors such as access to care1 patient preferences1 or appropriateness of intervention1 as described in the #bjjb ,institute of ,medicine ,report entitled ,unequal ,treatment3 ,confronting ,racial and ,ethnic ,disparities in ,health ,care1 as well as the impact of disparities related to age1 disability status1 socioeconomic status1 sex1 gender identity1 and sexual orientation on racial and ethnic minorities2 7#b7 disseminate new research findings to health care providers and patients to assist them in understanding1 reducing1 and eliminating health and health care disparities2 7#c7 disseminate information about the impact of linguistic and cultural barriers on health care quality and the obligation of health providers who receive ,federal financial assistance to ensure that individuals with limited-,english proficiency have access to language access services2 7#d7 disseminate information about the importance and legality of racial1 ethnic1 disability status1 socioeconomic status1 sex1 gender identity1 and sexual orientation1 and primary language data collection1 analysis1 and reporting2 7#e7 design and implement specific educational initiatives to health care providers relating to health and health care disparities2 7#f7 assess the impact of the programs established under this section in raising awareness of health and health care disparities and providing information on available resources2 and 7#g7 design and implement specific educational initiatives to educate the health care workforce relating to unconscious bias4 7c7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years #bjbc through #bjbg4 4 #cagabjc4 ,hispanic-serving institutions1 historically black colleges and universities1 ,asian ,american and ,native ,american ,pacific ,islander-serving institutions1 ,tribal colleges1 regional community-based organizations1 and national minority medical associations ,part ,b of title ,,vii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bic et seq47 is amended by adding at the end the following3 #gdb4 ,hispanic-serving institutions1 historically black colleges and universities1 ,asian ,american and ,native ,american ,pacific ,islander-serving institutions1 and ,tribal colleges 7a7 ,in general ,the ,secretary1 acting through the ,administrator of the ,health ,resources and ,services ,administration and in consultation with the ,secretary of ,education1 shall award grants to ,hispanic-serving institutions1 historically black colleges and universities1 ,asian ,american and ,native ,american ,pacific ,islander-serving institutions1 ,tribal ,colleges or ,universities1 regional community-based organizations1 and national minority medical associations1 for counseling1 mentoring and providing information on financial assistance to prepare underrepresented minority individuals to enroll in and graduate from health professional schools and to increase services for underrepresented minority students including-- 7#a7 mentoring with underrepresented health professionals2 and 7#b7 providing financial assistance information for continued education and applications to health professional schools4 7b7 ,definitions ,in this section3 7#a7 ,asian ,american and ,native ,american ,pacific ,islander-serving institution ,the term ,asian ,american and ,native ,american ,pacific ,islander-serving institution has the meaning given such term in section #cbj7;b7 of the ,higher ,education ,act of #aife4 7#b7 ,hispanic serving institution ,the term hispanic-serving institution means an entity that-- 7,a7 is a school or program for which there is a definition under #gii;,b2 7,b7 has an enrollment of full-time equivalent students that is made up of at least #i percent ,hispanic students2 7,c7 has been effective in carrying out programs to recruit ,hispanic individuals to enroll in and graduate from the school2 7,d7 has been effective in recruiting and retaining ,hispanic faculty members2 7,e7 has a significant number of graduates who are providing health services to medically underserved populations or to individuals in health professional shortage areas2 and 7,f7 is a ,hispanic ,center of ,excellence in ,health ,professions ,education designated under section #gcf7;d77#b7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bic7;d77#b774 7#c7 ,historically black colleges and university ,the term historically black college and university has the meaning given the term part ,b institution as defined in section #cbb of the ,higher ,education ,act of #aife4 7#d7 ,tribal college or university ,the term ,tribal ,college or ,university has the meaning given such term in section #caf7;b7 of the ,higher ,education ,act of #aife4 7c7 ,certain loan repayment programs ,in carrying out the ,national ,health ,service ,corps ,loan ,repayment ,program established under subpart ,,iii of part ,d of title ,,iii and the loan repayment program under section #cag;,f1 the ,secretary shall ensure1 notwithstanding such subpart or section1 that loan repayments of not less than #ej1jjj per year per person are awarded for repayment of loans incurred for enrollment or participation of underrepresented minority individuals in health professional schools and other health programs described in this section4 7d7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years #bjbc through #bjbh4 4 #cagabjd4 ,loan repayment program of ,centers for ,disease ,control and ,prevention ,section #cag;,f7c77#a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;b-#g7;c77#a77 is amended-- 7#a7 by striking and after #aiid12 and 7#b7 by inserting before the period at the end the following3 1 #gej1jjj for fiscal year #bjbj1 and such sums as may be necessary for each of the fiscal years #bjbc through #bjbg4 #cagabje4 ,study and report on strategies for increasing diversity 7a7 ,study ,the ,comptroller ,general of the ,united ,states shall conduct a study on strategies for increasing the diversity of the health professional workforce4 ,such study shall include an analysis of strategies for increasing the number of health professionals from rural1 lower income1 and underrepresented minority communities1 including which strategies are most effective for achieving such goal4 7b7 ,report ,not later than #b years after the date of enactment of this ,act1 the ,comptroller ,general shall submit to ,congress a report on the study conducted under subsection 7a71 together with recommendations for such legislation and administrative action as the ,comptroller ,general determines appropriate4 #cagabjf4 ,amendments to the ,pandemic ,,ebt ,act ,section #aaja of the ,families ,first ,coronavirus ,response ,act 7,public ,law #aaf-abg7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking fiscal year #bjbj and inserting fiscal years #bjbb and #bjbc2 7,b7 by striking during which the school would otherwise be in session2 and 7,c7 by inserting until the school reopens after assistance2 7#b7 in subsection 7b7-- 7,a7 by inserting and ,state agency plans for child care covered children in accordance with subsection 7i7 after with eligible children2 7,b7 by inserting 1 a plan to enroll children who become eligible children during a public health emergency designation before 1 and issuances2 7,c7 by striking in an amount not less than the value of meals at the free rate over the course of #e school days and inserting in accordance with subsection 7h77#a72 and 7,d7 by inserting and for each child care covered child in the household before the period at the end2 7#c7 in subsection 7c71 by inserting or child care center after school2 7#d7 by amending subsection 7e7 to read as follows3 7e7 ,release of information ,notwithstanding any other provision of law1 the ,secretary of ,agriculture may authorize-- 7#a7 ,state educational agencies and school food authorities administering a school lunch program under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq47 to release to appropriate officials administering the supplemental nutrition assistance program such information as may be necessary to carry out this section with respect to eligible children2 and 7#b7 ,state agencies administering a child and adult care food program under section #ag of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agff7 to release to appropriate officials administering the supplemental nutrition assistance program such information as may be necessary to carry out this section with respect to child care covered children4 2 7#e7 by amending subsection 7g7 to read as follows3 7g7 ,availability of commodities 7#a7 ,in general ,subject to paragraph 7#b71 during fiscal year #bjbj1 the ,secretary of ,agriculture may purchase commodities for emergency distribution in any area of the ,united ,states during a public health emergency designation4 7#b7 ,purchases ,funds made available to carry out this subsection on or after the date of the enactment of the ,child ,nutrition and ,related ,programs ,recovery ,act may only be used to purchase commodities for emergency distribution-- 7,a7 under commodity distribution programs and child nutrition programs that were established and administered by the ,food and ,nutrition ,service on or before the day before the date of the enactment of the ,families ,first ,coronavirus ,response ,act 7,public ,law #aaf-abg72 7,b7 to ,tribal organizations 7as defined in section #c of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjab771 that are not administering the food distribution program established under section #d7;b7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjac7;b772 or 7,c7 to emergency feeding organizations that are eligible recipient agencies 7as such terms are defined in section #bja;,a of the ,emergency ,food ,assistance ,act of #aihc 7#g ,u4,s4,c4 #geja774 4 7#f7 by redesignating subsections 7h7 and 7i7 as subsections 7l7 and 7m72 7#g7 by inserting after subsection 7g7 the following3 7h7 ,amount of benefits 7#a7 ,in general ,a household shall receive benefits under this section in an amount equal to #a breakfast and #a lunch at the free rate for each eligible child or child care covered child in such household for each day4 7#b7 ,treatment of newly eligible children ,in the case of a child who becomes an eligible child during a public health emergency designation1 the ,secretary and ,state agency shall-- 7,a7 if such child becomes an eligible child during school year #bjai-bjbj1 treat such child as if such child was an eligible child as of the date the school in which the child is enrolled closed2 and 7,b7 if such child becomes an eligible child after school year #bjai-bjbj1 treat such child as an eligible child as of the first day of the month in which such child becomes so eligible4 7i7 ,child care covered child assistance 7#a7 ,in general ,during fiscal years #bjbb and #bjbc1 in any case in which a child care center is closed for at least #e consecutive days during a public health emergency designation1 each household containing at least #a member who is a child care covered child attending the child care center shall be eligible until the schools in the ,state in which such child care center is located reopen1 as determined by the ,secretary1 to receive assistance pursuant to-- 7,a7 a ,state agency plan approved under subsection 7b7 that includes-- 7i7 an application by the ,state agency seeking to participate in the program under this subsection2 and 7ii7 a ,state agency plan for temporary emergency standards of eligibility and levels of benefits under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq47 for households with child care covered children2 or 7,b7 an addendum application described in paragraph 7#b74 7#b7 ,addendum application ,in the case of a ,state agency that submits a plan to the ,secretary of ,agriculture under subsection 7b7 that does not include an application or plan described in clauses 7i7 and 7ii7 of paragraph 7#a77;,a71 such ,state agency may apply to participate in the program under this subsection by submitting to the ,secretary of ,agriculture an addendum application for approval that includes a ,state agency plan described in such clause 7ii74 7#c7 ,requirements for participation ,a ,state agency may not participate in the program under this subsection if-- 7,a7 the ,state agency plan submitted by such ,state agency under subsection 7b7 with respect to eligible children is not approved by the ,secretary under such subsection2 or 7,b7 the ,state agency plan submitted by such ,state agency under subsection 7b7 or this subsection with respect to child care covered children is not approved by the ,secretary under either such subsection4 7#d7 ,automatic enrollment 7,a7 ,in general ,subject to subparagraph 7,b71 the ,secretary shall deem a child who is less than #f years of age to be a child care covered child eligible to receive assistance under this subsection if-- 7i7 the household with such child attests that such child is a child care covered child2 7ii7 such child resides in a household that includes an eligible child2 7iii7 such child receives cash assistance benefits under the temporary assistance for needy families program under part ,a of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fja et seq472 7iv7 such child receives assistance under the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheg et seq472 7v7 such child is-- 7,i7 enrolled as a participant in a ,head ,start program authorized under the ,head ,start ,act 7#db ,u4,s4,c4 #ihca et seq472 7,,ii7 a foster child whose care and placement is the responsibility of an agency that administers a ,state plan under part ,b or ,e of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fba et seq472 7,,iii7 a foster child who a court has placed with a caretaker household2 or 7,,iv7 a homeless child or youth 7as defined in section #gbe7b7 of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aadcd;a7#b7772 7vi7 such child participates in the special supplemental nutrition program for women1 infants1 and children under section #ag of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aghf72 7vii7 through the use of information obtained by the ,state agency for the purpose of participating in the supplemental nutrition assistance program under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq471 the ,state agency elects to treat as a child care covered child each child less than #f years of age who is a member of a household that receives supplemental nutrition assistance program benefits under such ,act2 or 7viii7 the ,state in which such child resides determines that such child is a child care covered child1 using ,state data approved by the ,secretary4 7,b7 ,acceptance of any form of automatic enrollment 7i7 ,one category ,for purposes of deeming a child to be a child care covered child under subparagraph 7,a71 a ,state agency may not be required to show that a child meets more than one requirement specified in clauses 7i7 through 7viii7 of such subparagraph4 7ii7 ,deeming requirement ,if a ,state agency submits to the ,secretary information that a child meets any one of the requirements specified in clauses 7i7 through 7viii7 of subparagraph 7,a71 the ,secretary shall deem such child a child care covered child under such subparagraph4 7j7 ,exclusions ,the provisions of section #af of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjbe7 relating to quality control shall not apply with respect to assistance provided under this section4 7k7 ,feasibility analysis 7#a7 ,in general ,not later than #cj days after the date of the enactment of the ,child ,nutrition and ,related ,programs ,recovery ,act1 the ,secretary shall submit to the ,education and ,labor ,committee and the ,agriculture ,committee of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate a report on-- 7,a7 the feasibility of implementing the program for eligible children under this section using an ,,ebt system in ,puerto ,rico1 the ,commonwealth of the ,northern ,mariana ,islands1 and ,american ,samoa similar to the manner in which the supplemental nutrition assistance program under the ,food and ,nutrition ,act of #bjjh is operated in the ,states1 including an analysis of--- 7i7 the current nutrition assistance program issuance infrastructure2 7ii7 the availability of-- 7,i7 an ,,ebt system1 including the ability for authorized retailers to accept ,,ebt cards2 and 7,,ii7 ,,ebt cards2 7iii7 the ability to limit purchases using nutrition assistance program benefits to food for home consumption2 and 7iv7 the availability of reliable data necessary for the implementation of such program under this section for eligible children and child care covered children1 including the names of such children and the mailing addresses of their households2 and 7,b7 the feasibility of implementing the program for child care covered children under subsection 7i7 in ,puerto ,rico1 the ,commonwealth of the ,northern ,mariana ,islands1 and ,american ,samoa1 including with respect to such program each analysis specified in clauses 7i7 through 7iv7 of subparagraph 7,a74 7#b7 ,contingent availability of participation ,beginning #cj days after the date of the enactment of the ,child ,nutrition and ,related ,programs ,recovery ,act1 ,puerto ,rico1 the ,commonwealth of the ,northern ,mariana ,islands1 and ,american ,samoa may each-- 7,a7 submit a plan under subsection 7b71 unless the ,secretary makes a finding1 based on the analysis provided under paragraph 7#a77;,a71 that the implementation of the program for eligible children under this section is not feasible in such territories2 and 7,b7 submit a plan under subsection 7i71 unless the ,secretary makes a finding1 based on the analysis provided under paragraph 7#a77;,b71 that the implementation of the program for child care covered children under subsection 7i7 is not feasible in such territories4 7#c7 ,treatment of plans submitted by territories ,notwithstanding any other provision of law1 with respect to a plan submitted pursuant to this subsection by ,puerto ,rico1 the ,commonwealth of the ,northern ,mariana ,islands1 or ,american ,samoa under subsection 7b7 or subsection 7i71 the ,secretary shall treat such plan in the same manner as a plan submitted by a ,state agency under such subsection1 including with respect to the terms of funding provided under subsection 7m74 2 7#h7 in subsection 7l71 as redesigned by paragraph 7#g7-- 7,a7 by redesignating paragraph 7#a7 as paragraph 7#c72 7,b7 by redesignating paragraphs 7#b7 and 7#c7 as paragraphs 7#e7 and 7#f71 respectively2 7,c7 by inserting before paragraph 7#c7 7as so redesignated7 the following3 7#a7 ,the term child care center means an organization described in subparagraph 7,a7 or 7,b7 of section #ag7;a77#b7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agff7;a77#b77 and a family or group day care home4 7#b7 ,the term child care covered child means a child served under section #ag of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agff7 who1 if not for the closure of the child care center attended by the child during a public health emergency designation and due to concerns about a ,,covid-#ai outbreak1 would receive meals under such section at the child care center4 2 and 7,d7 by inserting after paragraph 7#c7 7as so redesignated7 the following3 7#d7 ,the term free rate means-- 7,a7 with respect to a breakfast1 the rate of a free breakfast under the school breakfast program under section #d of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aggc72 and 7,b7 with respect to a lunch1 the rate of a free lunch under the school lunch program under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agga et seq474 2 and 7#i7 in subsection 7m71 as redesignated by paragraph 7#g71 by inserting 7including all administrative expenses7 after this section4 #ac ,public ,health ,assistance to ,tribes #cagacja4 ,appropriations for the ,indian ,health ,service ,,heroes ,act ,division ,a1 ,title ,v- ,department of ,health ,human ,services- ,indian ,health ,service- the #b4a billion in ,,covid-#ai response funding for the ,indian ,health ,service4 #cagacjb4 ,improving ,state1 local1 and ,tribal public health security ,section #cai;,c-#a of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d-#c;a7 is amended-- 7#a7 in the section heading1 by striking and local and inserting 1 local1 and ,tribal2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,b71 by striking or at the end2 7ii7 in subparagraph 7,c71 by striking and at the end and inserting or2 and 7iii7 by adding at the end the following3 7,d7 be an ,indian ,tribe1 ,tribal organization1 or a consortium of ,indian ,tribes or ,tribal organizations2 and 2 and 7,b7 in paragraph 7#b7-- 7i7 in the matter preceding subparagraph 7,a71 by inserting 1 as applicable after including2 7ii7 in subparagraph 7,a77viii7-- 7,i7 by inserting and ,tribal after with ,state2 7,,ii7 by striking 7as defined in section #haja of the ,elementary and ,secondary ,education ,act of #aife7 and inserting and ,tribal educational agencies 7as defined in sections #haja and #facb1 respectively1 of the ,elementary and ,secondary ,education ,act of #aife72 and 7,,iii7 by inserting and ,tribal after and ,state2 7iii7 in subparagraph 7,g71 by striking and tribal and inserting ,tribal1 and urban ,indian organization2 and 7iv7 in subparagraph 7,h71 by inserting 1 ,indian ,tribes1 and urban ,indian organizations after public health2 7#c7 in subsection 7e71 by inserting ,indian ,tribes1 ,tribal organizations1 urban ,indian organizations1 after local emergency plans12 7#d7 in subsection 7g77#a71 by striking tribal officials and inserting ,tribal officials2 7#e7 in subsection 7h7-- 7,a7 in paragraph 7#a77;,a7-- 7i7 by striking through #bjbc and inserting and #bjbj2 and 7ii7 by inserting before the period 2 and #fij1jjj1jjj for each of fiscal years #bjbc through #bjbe for awards pursuant to paragraph 7#c7 7subject to the authority of the ,secretary to make awards pursuant to paragraphs 7#d7 and 7#e77 and paragraph 7#h71 of which not less than #e1jjj1jjj shall be reserved each fiscal year for awards under paragraph 7#h72 7,b7 in subsection 7h77#b77;,b71 by striking tribal public and inserting ,tribal public2 7,c7 in the heading of paragraph 7#c71 by inserting for ,states after amount2 and 7,d7 by adding at the end the following3 7#h7 ,tribal eligible entities 7,a7 ,determination of funding amount 7i7 ,in general ,the ,secretary shall award at least #aj cooperative agreements under this section1 in amounts not less than the minimum amount determined under clause 7ii71 to eligible entities described in subsection 7b77#a77;,d7 that submits to the ,secretary an application that meets the criteria of the ,secretary for the receipt of such an award and that meets other reasonable implementation conditions established by the ,secretary1 in consultation with ,indian ,tribes1 for such awards4 ,if the ,secretary receives more than #aj applications under this section from eligible entities described in subsection 7b77#a77;,d7 that meet the criteria and conditions described in the previous sentence1 the ,secretary1 in consultation with ,indian ,tribes1 may make additional awards under this section to such entities4 7ii7 ,minimum amount ,in determining the minimum amount of an award pursuant to clause 7i71 the ,secretary1 in consultation with ,indian ,tribes1 shall first determine an amount the ,secretary considers appropriate for the eligible entity4 7,b7 ,available until expended ,amounts provided to a ,tribal eligible entity under a cooperative agreement under this section for a fiscal year and remaining unobligated at the end of such year shall remain available to such entity during the entirety of the performance period1 for the purposes for which said funds were provided4 7,c7 ,no matching requirement ,subparagraphs 7,b71 7,c71 and 7,d7 of paragraph 7#a7 shall not apply with respect to cooperative agreements awarded under this section to eligible entities described in subsection 7b77#a77;,d74 2 and 7#f7 by adding at the end the following3 7l7 ,special rules related to ,tribal eligible entities 7#a7 ,modifications ,after consultation with ,indian ,tribes1 the ,secretary may make necessary and appropriate modifications to the program under this section to facilitate the use of the cooperative agreement program by eligible entities described in subsection 7b77#a77;,d74 7#b7 ,waivers 7,a7 ,in general ,except as provided in subparagraph 7,b71 the ,secretary may waive or specify alternative requirements for any provision of this section 7including regulations7 that the ,secretary administers in connection with this section if the ,secretary finds that the waiver or alternative requirement is necessary for the effective delivery and administration of this program with respect to eligible entities described in subsection 7b77#a77;,d74 7,b7 ,exception ,the ,secretary may not waive or specify alternative requirements under subparagraph 7,a7 relating to labor standards or the environment4 7#c7 ,consultation ,the ,secretary shall consult with ,indian ,tribes and ,tribal organizations on the design of this program with respect to such ,tribes and organizations to ensure the effectiveness of the program in enhancing the security of ,indian ,tribes with respect to public health emergencies4 7#d7 ,reporting 7,a7 ,in general ,not later than #b years after the date of enactment of this subsection1 and as an addendum to the biennial evaluations required under subsection 7k71 the ,secretary1 in coordination with the ,director of the ,indian ,health ,service1 shall-- 7i7 conduct a review of the implementation of this section with respect to eligible entities described in subsection 7b77#a77;,d71 including any factors that may have limited its success2 and 7ii7 submit a report describing the results of the review described in clause 7i7 to-- 7,i7 the ,committee on ,indian ,affairs1 the ,committee on ,health1 ,education1 ,labor and ,pensions1 and the ,committee on ,appropriations of the ,senate2 and 7,,ii7 the ,subcommittee for ,indigenous ,peoples of the ,united ,states of the ,committee on ,natural ,resources1 the ,committee on ,energy and ,commerce1 and the ,committee on ,appropriations of the ,house of ,representatives4 7,b7 ,analysis of ,tribal public health emergency infrastructure limitation ,the ,secretary shall include in the initial report submitted under subparagraph 7,a7 a description of any public health emergency infrastructure limitation encountered by eligible entities described in subsection 7b77#a77;,d74 4 #cagacjc4 ,provision of items to ,indian programs and facilities 7a7 ,strategic ,national ,stockpile ,section #cai;,f-#b7;a77#c77;,g7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d-#f;b7a77#c77;,g77 is amended by inserting 1 and1 in the case that the ,secretary deploys the stockpile under this subparagraph1 ensure1 in coordination with the applicable ,states and programs and facilities1 that appropriate drugs1 vaccines and other biological products1 medical devices1 and other supplies are deployed by the ,secretary directly to health programs or facilities operated by the ,indian ,health ,service1 an ,indian ,tribe1 a ,tribal organization 7as those terms are defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd771 or an inter-,tribal consortium 7as defined in section #eja of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #echa77 or through an urban ,indian organization 7as defined in section #d of the ,indian ,health ,care ,improvement ,act71 while avoiding duplicative distributions to such programs or facilities before the semicolon4 7b7 ,distribution of qualified pandemic or epidemic products to ,,ihs facilities ,title ,,iii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bda et seq47 is amended by inserting after section #cai;,f-#d the following3 #cai;,f-#e4 ,distribution of qualified pandemic or epidemic products to ,indian programs and facilities ,in the case that the ,secretary distributes qualified pandemic or epidemic products 7as defined in section #cai;,f-#c7;i77#g77 to ,states or other entities1 the ,secretary shall ensure1 in coordination with the applicable ,states and programs and facilities1 that1 as appropriate1 such products are distributed directly to health programs or facilities operated by the ,indian ,health ,service1 an ,indian ,tribe1 a ,tribal organization 7as those terms are defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd771 or an inter-,tribal consortium 7as defined in section #eja of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #echa77 or through an urban ,indian organization 7as defined in section #d of the ,indian ,health ,care ,improvement ,act71 while avoiding duplicative distributions to such programs or facilities4 4 #cagacjd4 ,health care access for urban native veterans ,section #dje of the ,indian ,health ,care ,improvement ,act 7#be ,u4,s4,c4 #afde7 is amended-- 7#a7 in subsection 7a77#a71 by inserting urban ,indian organizations1 before and tribal organizations2 and 7#b7 in subsection 7c7-- 7,a7 by inserting urban ,indian organization1 before or tribal organization2 and 7,b7 by inserting an urban ,indian organization1 before or a tribal organization4 #cagacje4 ,proper and reimbursed care for native veterans ,section #dje7;c7 of the ,indian ,health ,care ,improvement ,act 7#be ,u4,s4,c4 #afde7;c77 is amended by inserting before the period at the end the following3 1 regardless of whether such services are provided directly by the ,service1 an ,indian tribe1 or tribal organization1 through contract health services1 or through a contract for travel described in section #bac7;b74 ,,iv ,environmental ,justice ,a #ajj ,clean ,economy #djaja4 ,short title ,this subtitle may be cited as the #ajj ,clean ,economy ,act of #bjbj4 #djajb4 ,national goal ,it is hereby declared that it is the national goal for the ,united ,states to achieve a #ajj percent clean economy by not later than #bjej4 #djajc4 ,findings ,congress makes the following findings3 7#a7 ,in #bjah1 the ,united ,nations ,intergovernmental ,panel on ,climate ,change released a report which projected that the global mean surface temperature of the ,earth could rise #a4e ,c above preindustrial levels as early as #bjcj4 ,increases beyond this threshold would likely have devastating effects on our society4 7#b7 ,the #bjah report indicates that to prevent #a4e ,c of warming above preindustrial levels1 emissions from human sources must be reduced by #dj to #fj percent from #bjaj levels by #bjcj1 and to net zero emissions by #bjej4 7#c7 ,the ,federal ,government can and must play a leading role in global efforts to minimize climate change and to mitigate its worst effects4 ,by achieving a #ajj percent clean economy by #bjej1 the ,united ,states can take a critical step toward meeting that obligation4 7#d7 ,greenhouse gas pollution1 like many other forms of pollution1 adversely affects human beings on both local and global scales4 ,these effects are intersectional and accretive1 and the cumulative impact of past and present pollution has fallen disproportionately upon already-vulnerable and -marginalized communities1 including communities of color1 ,tribal and indigenous communities1 low-income communities1 and rural communities4 ,current and future effects of climate change1 including adverse health effects and other harms1 are being and will likely continue to be felt first and most severely in many of these same vulnerable communities4 7#e7 ,governmental action to correct environmental injustice is morally imperative and necessary for public health4 ,federal policy can and should acknowledge1 and make use of1 the intersections between the interlinked challenges of correcting environmental injustice and reducing greenhouse gas pollution4 7#f7 ,at the same time1 ,american workers and communities are also suffering from economic inequality and wages are not keeping up with the cost of living for healthcare and other necessities4 ,the trend downward in union representation and the bargaining power that provides for workers has corresponded with an increase in income going to the top #aj percent of earners4 ,federal climate policy can and should be shaped to diminish economic inequality and expand the rights of workers4 7#g7 ,all people deserve clean air1 clean water1 a life free from toxic pollution that endanger public health or welfare1 and to share in the benefits of a #ajj percent clean economy4 7#h7 ,sound climate policies to achieve a #ajj percent clean economy will spur the development and manufacturing of new technologies1 the construction and repair of infrastructure1 the restoration of natural systems for resilience and carbon sequestration1 and the creation of new high-quality jobs4 ,these investments can help ensure the competitiveness of the ,united ,states in the global economy4 7#i7 ,as the ,federal ,government seeks to combat climate change1 these new resources and opportunities should be concentrated1 as quickly as possible and to the greatest extent practicable1 in communities that are currently experiencing or potentially face disproportionate harm from pollution1 and that face greater challenges in the transition to a #ajj percent clean economy4 #djajd4 ,federal agency plans 7a7 ,plan development ,the head of each ,federal agency shall1 in accordance with this section1 develop a plan for actions to be taken by the ,federal agency1 consistent with the ,federal agency's mission and exclusively through authorities vested in the ,federal agency by provisions of law other than this subtitle1 to achieve1 in combination with the other ,federal agencies1 the national goal declared by section #djajb4 ,each ,federal agency's plan shall include actions that will-- 7#a7 make significant and rapid progress toward meeting such national goal2 and 7#b7 constitute a substantial change from business-as-usual policies and practices of such ,federal agency4 7b7 ,actions ,to meet goals 7#a7 ,in general ,actions selected by the head of a ,federal agency to include in a plan developed under subsection 7a7 may include issuing regulations1 providing incentives1 carrying out research and development programs1 reducing the greenhouse gas emissions of such ,federal agency itself1 and any other action the head of the ,federal agency determines appropriate to achieve the national goal declared by section #djajb4 7#b7 ,selection ,in selecting actions to include in a plan developed under subsection 7a71 the head of each ,federal agency shall select actions designed to-- 7,a7 improve public health1 resilience1 and environmental outcomes1 especially for rural and low-income households1 communities of color1 ,tribal and indigenous communities1 deindustrialized communities1 and communities that are disproportionately vulnerable to the impacts of climate change and other pollution2 7,b7 provide benefits for consumers1 small businesses1 farmers and ranchers1 and rural communities2 7,c7 prioritize infrastructure investment that reduces emissions of greenhouse gases and other pollutants1 creates quality jobs1 and makes communities more resilient to the effects of climate change2 7,d7 enhance quality job creation and raise labor standards across the ,united ,states economy1 including removing policy barriers to labor union organizing1 protecting labor agreements1 applying prevailing wage1 safety and health protections1 domestic content1 and other provisions2 7,e7 lead in clean and emerging technology production and manufacturing across the supply chain and align policies to ensure ,united ,states companies retain their competitive edge in a clean economy2 7,f7 ensure fairness and equity for workers and communities affected by the transition to a #ajj percent clean economy2 and 7,g7 prepare communities for climate change impacts and risks4 7c7 ,proposed plan 7#a7 ,public comment ,not later than #f months after the date of enactment of this ,act1 the head of each ,federal agency shall make the proposed plan of the ,federal agency developed under subsection 7a7 available for public comment4 7#b7 ,interagency review ,not later than #i months after the date of enactment of this ,act1 the head of a ,federal agency1 after considering public comments and revising a proposed plan developed under subsection 7a71 as appropriate1 shall submit the proposed plan to the ,administrator for review and comment4 ,the ,administrator1 in consultation with the ,secretary where appropriate1 shall-- 7,a7 evaluate the sufficiency of each such proposed plan individually1 and in combination with the proposed plans of other ,federal agencies1 to achieve the national goal declared by section #djajb2 and 7,b7 provide1 not later than #ij days after receiving the proposed plan of a ,federal agency1 written recommendations to such ,federal agency to ensure that the plan is individually1 and in combination with the proposed plans of other ,federal agencies1 sufficient to achieve the national goal declared by section #djajb and advance the objectives listed in subsection 7b77#b74 7d7 ,submission ,not later than #ae months after the date of enactment of this ,act1 the head of each ,federal agency shall make public and submit to ,congress-- 7#a7 a plan developed under subsection 7a7 that incorporates revisions to the proposed plan1 as appropriate1 to address the recommendations provided by the ,administrator under subsection 7c72 7#b7 the recommendations provided by the ,administrator under subsection 7c72 and 7#c7 recommendations of the ,federal agency on additional authority for the ,federal agency1 if any1 that would be helpful for such ,federal agency1 in combination with the other ,federal agencies1 to achieve the national goal declared by section #djajb4 7e7 ,technical assistance ,the ,administrator1 in consultation with the ,secretary as appropriate1 shall provide technical assistance upon request by any ,federal agency in developing or revising a plan under this section4 7f7 ,implementation ,beginning not later than #ae months after the date of enactment of this ,act1 the head of each ,federal agency shall implement the plan of the ,federal agency developed under subsection 7a7 and submitted to ,congress under subsection 7d74 7g7 ,revisions ,not less frequently than every #bd months after the head of a ,federal agency submits to ,congress the ,federal agency's plan under subsection 7d71 the head of such ,federal agency1 in consultation with the ,administrator1 shall review and revise the plan to ensure it is sufficient to achieve1 in combination with the plans of the other ,federal agencies1 the national goal declared by section #djajb4 ,the head of each ,federal agency shall include the conclusion of each such review and any revised plan resulting from such review in the next annual report required under subsection 7h74 7h7 ,annual report ,not later than ,march #ca of the calendar year after the calendar year in which each ,federal agency is required to submit to ,congress a plan under subsection 7d71 and not later than ,march #ca of each year thereafter1 the head of each ,federal agency shall issue a public report on the plan of such ,federal agency 7including any revisions to such plan71 actions taken by the ,federal agency pursuant to such plan1 and the effects of such actions1 during the preceding calendar year4 #djaje4 ,accountability 7a7 ,,epa review and reports ,the ,administrator shall-- 7#a7 monitor the overall progress of the ,united ,states in reducing greenhouse gas emissions and toward achieving the national goal declared by section #djajb2 and 7#b7 not later than ,september #cj of the calendar year after the calendar year in which each ,federal agency is required to submit to ,congress a plan under section #djajd7;d71 and not later than ,september #cj of each year thereafter1 submit to ,congress and publish a report on such progress that includes-- 7,a7 a review of how such greenhouse gas emissions reductions relate to the international commitments of the ,united ,states2 and 7,b7 recommendations developed under subsection 7b74 7b7 ,recommendations ,the ,administrator shall include-- 7#a7 in each annual report submitted under subsection 7a71 as appropriate1 after consulting with the ,secretary and considering any recommendations of the ,advisory ,committee1 recommendations regarding the rate of progress of the ,united ,states toward achieving the national goal declared by section #djajb2 and 7#b7 in an appendix to each such annual report1 the recommendations of the ,advisory ,committee4 #djajf4 ,clean ,economy ,federal ,advisory ,committee 7a7 ,establishment ,not later than #c months after the date of enactment of this ,act1 the ,administrator shall-- 7#a7 establish an advisory committee1 to be known as the ,clean ,economy ,federal ,advisory ,committee1 to make recommendations described in subsection 7c72 and 7#b7 appoint the following members to the ,advisory ,committee that reflect diversity in gender1 age1 race1 and geography3 7,a7 ,two members who are ,state officials from different ,states1 including at least #a official from a ,state that has adopted greenhouse gas reduction targets4 7,b7 ,two members who are local government officials from different ,states than the ,states represented by the members appointed pursuant to subparagraph 7,a71 including-- 7i7 #a official from a city or county that has adopted greenhouse gas reduction targets2 and 7ii7 #a official from a city or county that is impacted by the transition away from fossil energy4 7,c7 ,one member who represents an environmental nonprofit organization with expertise in mitigation of greenhouse gas emissions4 7,d7 ,two members who are members of environmental justice organizations representing environmental justice communities4 7,e7 ,two members who are members of climate justice organizations representing communities on the front lines of climate change4 7,f7 ,two members who are representatives of ,tribal communities1 including-- 7i7 #a member from a community impacted by pollution from the fossil fuel industry2 and 7ii7 #a member from a community impacted by the transition away from fossil energy4 7,g7 ,two members who are members of the ,national ,academy of ,sciences and have expertise in climate science4 7,h7 ,four members who are employed by organized labor unions1 including-- 7i7 #a member from a utility sector union2 7ii7 #a member from a transportation sector union2 7iii7 #a member from a manufacturing union2 and 7iv7 #a member from a building trades union4 7,i7 ,two members who are employed by the power sector1 including at least #a member from a business in the clean energy industry4 7,j7 ,two members of the agriculture industry1 including #a member who is a farmer or rancher and #a member who represents an organization that represents family farms4 7,k7 ,two members from the transportation sector1 including at least #a member who is a representative of a public transit industry4 7,l7 ,two members from the manufacturing sector1 including at least #a member who is from a business that has committed to net-zero greenhouse gas emissions4 7,m7 ,two members from the commercial and residential building sector1 including at least #a member who is from a business that has committed to improving energy efficiency in commercial or residential buildings4 7,n7 ,one member with expertise in public health4 7,o7 ,one member who is a young person who is associated with a climate and environmental organization4 7b7 ,organization2 termination 7#a7 ,subcommittees ,the ,advisory ,committee may1 as the ,advisory ,committee determines appropriate1 establish subcommittees to provide advice to the full ,advisory ,committee on matters within the respective subcommittee's area of expertise4 ,at a minimum1 the ,advisory ,committee shall consider establishing subcommittees on-- 7,a7 environmental justice2 7,b7 climate justice2 7,c7 fairness and equity for workers2 and 7,d7 the transition of communities dependent upon fossil fuels4 7#b7 ,meetings ,the ,advisory ,committee shall meet not less frequently than #c times in the first year after it is established1 and at least annually thereafter4 7#c7 ,terms ,a member of the ,advisory ,committee shall be appointed for a term of #b years and the ,administrator may reappoint members for no more than #c consecutive terms4 7#d7 ,vacancies ,any vacancy in the ,advisory ,committee shall be filled by the ,administrator in the same manner as the original appointment and not later than #ahj days after the occurrence of the vacancy4 7#e7 ,chair ,the ,advisory ,committee shall appoint a chair from among the members of the ,advisory ,committee by a majority of those voting1 if a quorum is present4 7#f7 ,quorum ,a #b_/c majority of members of the full ,advisory ,committee shall constitute a quorum4 7#g7 ,applicability of ,,faca ,the ,advisory ,committee shall be subject to the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 7#h7 ,termination ,the ,advisory ,committee shall terminate on ,december #ca1 #bjej4 7c7 ,recommendations 7#a7 ,interim goals ,not later than #ae months after the date of enactment of this ,act1 and upon the request of the ,administrator thereafter1 the ,advisory ,committee shall submit to the ,administrator recommendations on one or more interim greenhouse gas emissions reduction goals for the ,united ,states to achieve before achieving the national goal declared by section #djajb4 7#b7 ,annual review ,not later than ,june #cj of the calendar year after the calendar year in which each ,federal agency is required to submit to ,congress a plan under section #djajd7;d71 and not later than ,june #cj of each year thereafter1 and upon the request of the ,administrator1 the ,advisory ,committee may provide recommendations for the ,administrator to consider in developing recommendations to include in the annual report required under section #djaje4 7#c7 ,other matters ,upon the request of the ,administrator1 or upon the ,advisory ,committee's initiative1 the ,advisory ,committee may provide recommendations for the ,administrator to consider regarding any of the matters addressed by this subtitle4 #djajg4 ,recommendations for interim goals 7a7 ,in general ,not later than #ah months after the date of enactment of this ,act1 the ,administrator shall1 after consulting with the ,secretary and obtaining the recommendations of the ,advisory ,committee1 recommend to ,congress one or more interim greenhouse gas emissions reduction goals for the ,united ,states to achieve before achieving the national goal declared by section #djajb4 ,in selecting one or more such interim goals to recommend to ,congress1 the ,administrator shall consider-- 7#a7 the best available science on the needed pace of reducing greenhouse gas emissions to limit global warming to #a4e ,c2 7#b7 the international commitments by the ,united ,states to address climate change1 so as to ensure that any interim goal is1 at a minimum1 consistent with such commitments2 and 7#c7 the degree of progress considered necessary by a given date to maximize the likelihood that there is an economically and technically feasible path forward from such date to achieve the national goal declared by section #djajb4 7b7 ,updates ,upon request of ,congress1 or any new international commitment by the ,united ,states to address climate change1 the ,administrator may recommend to ,congress revised or additional interim goals4 #djajh4 ,definitions ,for purposes of this subtitle3 7#a7 ,advisory ,committee ,the term ,advisory ,committee means the ,clean ,economy ,federal ,advisory ,committee established pursuant to section #djajf4 7#b7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#c7 ,federal agency ,the term ,federal agency has the meaning given the term agency in section #eea of title #e1 ,united ,states ,code4 7#d7 ,greenhouse gas ,the term greenhouse gas means the heat-trapping gases for which the anthropogenic emissions are estimated and reported in the most recently issued ,inventory of ,u4,s4 ,greenhouse ,gas ,emissions and ,sinks prepared annually by the ,environmental ,protection ,agency in accordance with the commitments of the ,united ,states under the ,united ,nations ,framework ,convention on ,climate ,change4 7#e7 #ajj percent clean economy ,the term #ajj percent clean economy means1 with respect to the ,united ,states1 economy-wide1 net-zero greenhouse gas emissions1 or negative greenhouse gas emissions1 after annual accounting for sources and sinks of anthropogenic greenhouse gas emissions consistent with the coverage of emissions reported by the ,united ,states under the ,united ,nations ,framework ,convention on ,climate ,change4 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 ,b ,environmental ,justice ,for ,all #djbja4 ,short title2 table of contents2 findings 7a7 ,short title ,this subtitle may be cited as the ,environmental ,justice ,for ,all ,act4 7b7 ,table of contents ,the table of contents for this subtitle is as follows3 ,sec4 #djbja4 ,short title2 table of contents2 findings4 ,sec4 #djbjb4 ,statement of policy4 ,sec4 #djbjc4 ,definitions4 ,sec4 #djbjd4 ,prohibited discrimination4 ,sec4 #djbje4 ,right of action4 ,sec4 #djbjf4 ,rights of recovery4 ,sec4 #djbjg4 ,consideration of cumulative impacts and persistent violations in certain permitting decisions4 ,sec4 #djbjh4 ,interagency ,working ,group on ,environmental ,justice ,compliance and ,enforcement4 ,sec4 #djbji4 ,federal agency actions and responsibilities4 ,sec4 #djbaj4 ,ombudsmen4 ,sec4 #djbaa4 ,access to parks1 outdoor spaces1 and public recreation opportunities4 ,sec4 #djbab4 ,transit to trails grant program4 ,sec4 #djbac4 ,every ,kid ,outdoors4 ,sec4 #djbad4 ,protections for environmental justice communities against harmful ,federal actions4 ,sec4 #djbae4 ,training of employees of ,federal agencies4 ,sec4 #djbaf4 ,environmental justice grant programs4 ,sec4 #djbag4 ,environmental justice basic training program4 ,sec4 #djbah4 ,national ,environmental ,justice ,advisory ,council4 ,sec4 #djbai4 ,environmental ,justice ,clearinghouse4 ,sec4 #djbbj4 ,public meetings4 ,sec4 #djbba4 ,environmental projects for environmental justice communities4 ,sec4 #djbbb4 ,grants to further achievement of ,tribal coastal zone objectives4 ,sec4 #djbbc4 ,cosmetic labeling4 ,sec4 #djbbd4 ,safer cosmetic alternatives for disproportionately impacted communities4 ,sec4 #djbbe4 ,safer child care centers1 schools1 and homes for disproportionately impacted communities4 ,sec4 #djbbf4 ,certain menstrual products misbranded if labeling does not include ingredients4 ,sec4 #djbbg4 ,support by ,national ,institute of ,environmental ,health ,sciences for research on health disparities impacting communities of color4 ,sec4 #djbbh4 ,revenues for just transition assistance4 ,sec4 #djbbi4 ,economic revitalization for fossil fuel dependent communities4 ,sec4 #djbcj4 ,evaluation by ,comptroller ,general of the ,united ,states4 7c7 ,findings ,congress finds the following3 7#a7 ,communities of color1 low-income communities1 ,tribal and indigenous communities1 fossil fuel-dependent communities1 and other vulnerable populations1 such as persons with disabilities1 children1 and the elderly1 are disproportionately burdened by environmental hazards that include exposure to polluted air1 waterways1 and landscapes4 7#b7 ,environmental justice disparities are also exhibited through a lack of equitable access to green spaces1 public recreation opportunities1 and information and data on potential exposure to environmental hazards4 7#c7 ,communities experiencing environmental injustice have been subjected to systemic racial1 social1 and economic injustices and face a disproportionate burden of adverse human health or environmental effects1 a higher risk of intentional1 unconscious1 and structural discrimination1 and disproportionate energy burdens4 7#d7 ,environmental justice communities have been made more vulnerable to the effects of climate change due to a combination of factors1 particularly the legacy of segregation and historically racist zoning codes1 and often have the least resources to respond1 making it a necessity for environmental justice communities to be meaningfully engaged as partners and stakeholders in government decision-making as our nation builds its climate resilience4 7#e7 ,potential environmental and climate threats to environmental justice communities merit a higher level of engagement1 review1 and consent to ensure that communities are not forced to bear disproportionate environmental and health impacts4 7#f7 ,the burden of proof that a proposed action will not harm communities1 including through cumulative exposure effects1 should fall on polluting industries and on the ,federal ,government in its regulatory role1 not the communities themselves4 7#g7 ,executive ,order #abhih 7#ei ,fed4 ,reg4 #cb1 relating to ,federal ,actions ,to ,address ,environmental ,justice in ,minority ,populations and ,low-,income ,populations7 directs ,federal agencies to address disproportionately high and adverse human health or environmental effects of its programs1 but ,federal agencies have been inconsistent in updating their strategic plans for environmental justice and reporting on their progress in enacting these plans4 7#h7 ,government action to correct environmental injustices is a moral imperative4 ,federal policy can and should improve public health and improve the overall well-being of all communities4 7#i7 ,all people have the right to breathe clean air1 drink clean water1 live free of dangerous levels of toxic pollution1 and share the benefits of a prosperous and vibrant pollution-free economy4 7#aj7 ,a fair and just transition to a pollution-free economy is necessary to ensure that workers and communities in deindustrialized areas have access to the resources and benefits of a sustainable future4 ,this transition must also address the economic disparities experienced by residents living in areas contaminated by pollution or environmental degradation1 including access to jobs1 and members of those communities must be fully and meaningfully involved in transition planning processes4 7#aa7 ,it is the responsibility of the ,federal ,government to seek to achieve environmental justice1 health equity1 and climate justice for all communities4 #djbjb4 ,statement of policy ,it is the policy of ,congress that each ,federal agency should-- 7#a7 seek to achieve environmental justice as part of its mission by identifying and addressing1 as appropriate1 disproportionately adverse human health or environmental effects of its programs1 policies1 practices1 and activities on communities of color1 low-income communities1 and ,tribal and indigenous communities in each ,state and territory of the ,united ,states2 7#b7 promote meaningful involvement by communities and due process in the development1 implementation1 and enforcement of environmental laws2 7#c7 provide direct guidance and technical assistance to communities experiencing environmental injustice focused on increasing shared understanding of the science1 laws1 regulations1 and policy related to ,federal agency action on environmental justice issues2 7#d7 cooperate with ,state governments1 ,tribal ,governments1 and local governments to address pollution and public health burdens in communities experiencing environmental injustice1 and build healthy1 sustainable1 and resilient communities2 and 7#e7 recognize the right of all people to clean air1 safe and affordable drinking water1 protection from climate hazards1 and to the sustainable preservation of the ecological integrity and aesthetic1 scientific1 cultural1 and historical values of the natural environment4 #djbjc4 ,definitions ,in this subtitle3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,advisory council ,the term ,advisory ,council means the ,national ,environmental ,justice ,advisory ,council established by the ,president under section #djbah4 7#c7 ,aggrieved person ,the term aggrieved person means a person aggrieved by discrimination on the basis of race1 color1 or national origin4 7#d7 ,clearinghouse ,the term ,clearinghouse means the ,environmental ,justice ,clearinghouse established by the ,administrator under section #djbai4 7#e7 ,community of color ,the term community of color means a geographically distinct area in which the population of any of the following categories of individuals is higher than the average populations of that category for the ,state in which the community is located3 7,a7 ,black4 7,b7 ,african ,american4 7,c7 ,asian4 7,d7 ,pacific ,islander4 7,e7 ,other non-,white race4 7,f7 ,hispanic4 7,g7 ,latino4 7,h7 ,linguistically isolated4 7#f7 ,covered agency ,the term covered agency means an agency described in section #djbjh7;c74 7#g7 ,demonstrates ,the term demonstrates means meets the burdens of going forward with the evidence and of persuasion4 7#h7 ,director ,the term ,director means the ,director of the ,national ,institute of ,environmental ,health ,sciences4 7#i7 ,disparate impact ,the term disparate impact means an action or practice that1 even if appearing neutral1 actually has the effect of subjecting persons to discrimination because of their race1 color1 or national origin4 7#aj7 ,disproportionate burden of adverse human health or environmental effects ,the term disproportionate burden of adverse human health or environmental effects means a situation where there exists higher or more adverse human health or environmental effects on communities of color1 low-income communities1 and ,tribal and indigenous communities4 7#aa7 ,environmental justice ,the term environmental justice means the fair treatment and meaningful involvement of all people regardless of race1 color1 culture1 national origin1 or income1 with respect to the development1 implementation1 and enforcement of environmental laws1 regulations1 and policies to ensure that each person enjoys-- 7,a7 the same degree of protection from environmental and health hazards2 and 7,b7 equal access to any ,federal agency action on environmental justice issues in order to have a healthy environment in which to live1 learn1 work1 and recreate4 7#ab7 ,environmental justice community ,the term environmental justice community means a community with significant representation of communities of color1 low-income communities1 or ,tribal and indigenous communities1 that experiences1 or is at risk of experiencing higher or more adverse human health or environmental effects4 7#ac7 ,environmental law ,the term environmental law includes laws such as the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq471 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq471 the ,energy ,policy ,act of #bjje1 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 the ,pollution ,prevention ,act of #aiij 7#db ,u4,s4,c4 #acaja et seq471 the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq471 the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fija et seq471 the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acf et seq471 and the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfja et seq474 7#ad7 ,fair treatment ,the term fair treatment means the conduct of a program1 policy1 practice or activity by a ,federal agency in a manner that ensures that no group of individuals 7including racial1 ethnic1 or socioeconomic groups7 experience a disproportionate burden of adverse human health or environmental effects resulting from such program1 policy1 practice1 or activity1 as determined through consultation with1 and with the meaningful participation of1 individuals from the communities affected by a program1 policy1 practice or activity of a ,federal agency4 7#ae7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term ,indian tribe in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#af7 ,local government ,the term local government means-- 7,a7 a county1 municipality1 city1 town1 township1 local public authority1 school district1 special district1 intrastate district1 council of governments 7regardless of whether the council of governments is incorporated as a nonprofit corporation under ,state law71 regional or interstate governmental entity1 or agency or instrumentality of a local government2 or 7,b7 an ,indian ,tribe or authorized ,tribal organization1 or ,alaska ,native village or organization1 that is not a ,tribal ,government4 7#ag7 ,low-income community ,the term low-income community means any census block group in which #cj percent or more of the population are individuals with an annual household income equal to1 or less than1 the greater of-- 7,a7 an amount equal to #hj percent of the median income of the area in which the household is located1 as reported by the ,department of ,housing and ,urban ,development2 and 7,b7 #bjj percent of the ,federal poverty line4 7#ah7 ,population ,the term population means a census block group or series of geographically contiguous blocks representing certain common characteristics1 such as 7but not limited to7 race1 ethnicity1 national origin1 income-level1 health disparities1 or other public health and socioeconomic attributes4 7#ai7 ,state ,the term ,state means any ,state of the ,united ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 the ,virgin ,islands1 ,guam1 ,american ,samoa1 and the ,commonwealth of the ,northern ,mariana ,islands4 7#bj7 ,tribal and indigenous community ,the term ,tribal and indigenous community refers to a population of people who are members of-- 7,a7 a federally recognized ,indian ,tribe2 7,b7 a ,state-recognized ,indian ,tribe2 7,c7 an ,alaska ,native or ,native ,hawaiian community or organization2 and 7,d7 any other community of indigenous people located in a ,state4 7#ba7 ,tribal government ,the term ,tribal ,government means the governing body of an ,indian ,tribe4 7#bb7 ,working group ,the term ,working ,group means the ,interagency ,working ,group on ,environmental ,justice ,compliance and ,enforcement established by the ,president under section #djbjh4 #djbjd4 ,prohibited discrimination ,section #fja of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d7 is amended-- 7#a7 by striking ,no and inserting 7a7 ,no2 and 7#b7 by adding at the end the following3 7b7 7#a7 7,a7 ,discrimination 7including exclusion from participation and denial of benefits7 based on disparate impact is established under this title if-- 7i7 a covered agency has a program1 policy1 practice1 or activity that causes a disparate impact on the basis of race1 color1 or national origin and the covered agency fails to demonstrate that the challenged program1 policy1 practice1 or activity is related to and necessary to achieve the nondiscriminatory goal of the program1 policy1 practice1 or activity alleged to have been operated in a discriminatory manner2 or 7ii7 a less discriminatory alternative program1 policy1 practice1 or activity exists1 and the covered agency refuses to adopt such alternative program1 policy1 practice1 or activity4 7,b7 ,with respect to demonstrating that a particular program1 policy1 practice1 or activity does not cause a disparate impact1 the covered agency shall demonstrate that each particular challenged program1 policy1 practice1 or activity does not cause a disparate impact1 except that if the covered agency demonstrates to the courts that the elements of the covered agency's decision-making process are not capable of separation for analysis1 the decision-making process may be analyzed as #a program1 policy1 practice1 or activity4 7#b7 ,a demonstration that a program1 policy1 practice1 or activity is necessary to achieve the goals of a program1 policy1 practice1 or activity may not be used as a defense against a claim of intentional discrimination under this title4 7c7 ,no person in the ,united ,states shall be subjected to discrimination1 including retaliation or intimidation1 because such person opposed any program1 policy1 practice1 or activity prohibited by this title1 or because such person made a charge1 testified1 assisted1 or participated in any manner in an investigation1 proceeding1 or hearing under this title4 4 #djbje4 ,right of action 7a7 ,in general ,section #fjb of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d-#a7 is amended-- 7#a7 by inserting 7a7 before ,each ,federal department and agency which is empowered2 and 7#b7 by adding at the end the following3 7b7 ,any person aggrieved by the failure to comply with this title1 including any regulation promulgated pursuant to this title1 may file suit in any district court of the ,united ,states having jurisdiction of the parties1 without respect to the amount in controversy and without regard to the citizenship of the parties4 4 7b7 ,effective date 7#a7 ,in general ,this section1 including the amendments made by this section1 takes effect on the date of enactment of this ,act4 7#b7 ,application ,this section1 including the amendments made by this section1 applies to all actions or proceedings pending on or after the date of enactment of this ,act4 #djbjf4 ,rights of recovery ,title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq47 is amended by inserting after section #fjb the following3 #fjb;,a4 ,actions brought by aggrieved persons 7a7 ,claims based on proof of intentional discrimination ,in an action brought by an aggrieved person under this title against a covered agency who has engaged in unlawful intentional discrimination 7not a practice that is unlawful because of its disparate impact7 prohibited under this title 7including its implementing regulations71 the aggrieved person may recover equitable and legal relief 7including compensatory and punitive damages71 attorney's fees 7including expert fees71 and costs of the action1 except that punitive damages are not available against a government1 government agency1 or political subdivision4 7b7 ,claims based on the disparate impact standard of proof ,in an action brought by an aggrieved person under this title against a covered agency who has engaged in unlawful discrimination based on disparate impact prohibited under this title 7including implementing regulations71 the aggrieved person may recover attorney's fees 7including expert fees71 and costs of the action4 4 #djbjg4 ,consideration of cumulative impacts and persistent violations in certain permitting decisions 7a7 ,federal ,water ,pollution ,control ,act ,section #djb of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdb7 is amended-- 7#a7 by striking the section designation and heading and all that follows through ,except as in subsection 7a77#a7 and inserting the following3 #djb4 ,national pollutant discharge elimination system 7a7 ,permits issued by administrator 7#a7 ,in general ,except as 2 7#b7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 by striking upon condition that such discharge will meet either 7,a7 all and inserting the following3 subject to the conditions that-- 7,a7 the discharge will achieve compliance with1 as applicable-- 7i7 all 2 7ii7 by striking #djc of this ,act1 or 7,b7 prior and inserting the following3 #djc2 or 7ii7 prior 2 and 7iii7 by striking this ,act4 and inserting the following3 this ,act2 and 7,b7 with respect to the issuance or renewal of the permit-- 7i7 based on an analysis by the ,administrator of existing water quality and the potential cumulative impacts 7as defined in section #eja of the ,clean ,air ,act 7#db ,u4,s4,c4 #gffa77 of the discharge1 considered in conjunction with the designated and actual uses of the impacted navigable water1 there exists a reasonable certainty of no harm to the health of the general population1 or to any potentially exposed or susceptible subpopulation2 or 7ii7 if the ,administrator determines that1 due to those potential cumulative impacts1 there does not exist a reasonable certainty of no harm to the health of the general population1 or to any potentially exposed or susceptible subpopulation1 the permit or renewal includes such terms and conditions as the ,administrator determines to be necessary to ensure a reasonable certainty of no harm4 2 and 7,b7 in paragraph 7#b71 by striking assure compliance with the requirements of paragraph 7#a7 of this subsection1 including conditions on data and information collection1 reporting1 and such other requirements as he deems appropriate4 and inserting the following3 ensure compliance with the requirements of paragraph 7#a71 including-- 7,a7 conditions relating to-- 7i7 data and information collection2 7ii7 reporting2 and 7iii7 such other requirements as the ,administrator determines to be appropriate2 and 7,b7 additional controls or pollution prevention requirements4 2 and 7#c7 in subsection 7b7-- 7,a7 in each of paragraphs 7#a77;,d71 7#b77;,b71 and 7#c7 through 7#g71 by striking the semicolon at the end and inserting a period2 7,b7 in paragraph 7#h71 by striking 2 and at the end and inserting a period2 and 7,c7 by adding at the end the following3 7#aj7 ,to ensure that no permit will be issued or renewed if1 with respect to an application for the permit1 the ,state determines1 based on an analysis by the ,state of existing water quality and the potential cumulative impacts 7as defined in section #eja of the ,clean ,air ,act 7#db ,u4,s4,c4 #gffa77 of the discharge1 considered in conjunction with the designated and actual uses of the impacted navigable water1 that the terms and conditions of the permit or renewal would not be sufficient to ensure a reasonable certainty of no harm to the health of the general population1 or to any potentially exposed or susceptible subpopulation4 4 7b7 ,clean ,air ,act 7#a7 ,definitions ,section #eja of the ,clean ,air ,act 7#db ,u4,s4,c4 #gffa7 is amended-- 7,a7 in the matter preceding paragraph 7#a71 by striking ,as used in this title-- and inserting ,in this title32 7,b7 by redesignating paragraphs 7#b71 7#c71 and 7#d7 as paragraphs 7#c71 7#e71 and 7#d71 respectively1 and moving the paragraphs so as to appear in numerical order2 and 7,c7 by inserting after paragraph 7#a7 the following3 7#b7 ,cumulative impacts ,the term cumulative impacts means any exposure to a public health or environmental risk1 or other effect occurring in a specific geographical area1 including from an emission1 discharge1 or release-- 7,a7 including-- 7i7 environmental pollution released-- 7,i7 7aa7 routinely2 7bb7 accidentally2 or 7cc7 otherwise2 and 7,,ii7 from any source1 whether single or multiple2 and 7ii7 as assessed based on the combined past1 present1 and reasonably foreseeable emissions and discharges affecting the geographical area2 and 7,b7 evaluated taking into account sensitive populations and other factors that may heighten vulnerability to environmental pollution and associated health risks1 including socioeconomic characteristics4 4 7#b7 ,permit programs ,section #ejb7;b7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gffa;a7b77 is amended-- 7,a7 in paragraph 7#e7-- 7i7 in subparagraphs 7,a7 and 7,c71 by striking assure each place it appears and inserting ensure2 and 7ii7 by striking subparagraph 7,f7 and inserting the following3 7,f7 ensure that no permit will be issued or renewed1 as applicable1 if-- 7i7 with respect to an application for a permit or renewal of a permit for a major source1 the permitting authority determines under paragraph 7#i77;,a77i77,,ii77bb7 that the terms and conditions of the permit or renewal would not be sufficient to ensure a reasonable certainty of no harm to the health of the general population1 or to any potentially exposed or susceptible subpopulation1 of the applicable census block groups or ,tribal census block groups 7as those terms are defined by the ,director of the ,bureau of the ,census72 or 7ii7 the ,administrator objects to the issuance of the permit in a timely manner under this title4 2 and 7,b7 by amending paragraph 7#i7 to read as follows3 7#i7 ,major sources 7,a7 ,in general ,with respect to any permit or renewal of a permit1 as applicable1 for a major source1 a requirement that the permitting authority shall-- 7i7 in determining whether to issue or renew the permit-- 7,i7 evaluate the potential cumulative impacts of the major source1 as described in the applicable cumulative impacts analysis submitted under section #ejc7;b77#c71 taking into consideration other pollution sources and risk factors within a community2 7,,ii7 if1 due to those potential cumulative impacts1 the permitting authority cannot determine that there exists a reasonable certainty of no harm to the health of the general population1 or to any potentially exposed or susceptible subpopulation1 of any census block groups or ,tribal census block groups 7as those terms are defined by the ,director of the ,bureau of the ,census7 located in1 or immediately adjacent to1 the area in which the major source is1 or is proposed to be1 located-- 7aa7 include in the permit or renewal such standards and requirements 7including additional controls or pollution prevention requirements7 as the permitting authority determines to be necessary to ensure a reasonable certainty of no such harm2 or 7bb7 if the permitting authority determines that standards and requirements described in item 7aa7 would not be sufficient to ensure a reasonable certainty of no such harm1 deny the issuance or renewal of the permit2 7,,iii7 determine whether the applicant is a persistent violator1 based on such criteria relating to the history of compliance by an applicant with this ,act as the ,administrator shall establish by not later than #ahj days after the date of enactment of the ,environmental ,justice for ,all ,act2 7,,iv7 if the permitting authority determines under subclause 7,,iii7 that the applicant is a persistent violator and the permitting authority does not deny the issuance or renewal of the permit pursuant to subclause 7,,ii77bb7-- 7aa7 require the applicant to submit a plan that describes-- 7,,aa7 if the applicant is not in compliance with this ,act1 measures the applicant will carry out to achieve that compliance1 together with an approximate deadline for that achievement2 7,,bb7 measures the applicant will carry out1 or has carried out to ensure the applicant will remain in compliance with this ,act1 and to mitigate the environmental and health effects of noncompliance2 and 7,,cc7 the measures the applicant has carried out in preparing the plan to consult or negotiate with the communities affected by each persistent violation addressed in the plan2 and 7bb7 once such a plan is submitted1 determine whether the plan is adequate to ensuring that the applicant-- 7,,aa7 will achieve compliance with this ,act expeditiously2 7,,bb7 will remain in compliance with this ,act2 7,,cc7 will mitigate the environmental and health effects of noncompliance2 and 7,,dd7 has solicited and responded to community input regarding the redemption plan2 and 7,v7 deny the issuance or renewal of the permit if the permitting authority determines that-- 7aa7 the plan submitted under subclause 7,,iv77aa7 is inadequate2 or 7bb7 7,,aa7 the applicant has submitted a plan on a prior occasion1 but continues to be a persistent violator2 and 7,,bb7 no indication exists of extremely exigent circumstances excusing the persistent violations2 and 7ii7 in the case of such a permit with a term of #c years or longer1 require permit revisions in accordance with subparagraph 7,b74 7,b7 ,revision requirements 7i7 ,deadline ,a revision described in subparagraph 7,a77ii7 shall occur as expeditiously as practicable and consistent with the procedures established under paragraph 7#f7 but not later than #ah months after the promulgation of such standards and regulations4 7ii7 ,exception ,a revision under this paragraph shall not be required if the effective date of the standards or regulations is a date after the expiration of the permit term4 7iii7 ,treatment as renewal ,a permit revision under this paragraph shall be treated as a permit renewal if it complies with the requirements of this title regarding renewals4 4 7#c7 ,permit applications ,section #ejc7;b7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gffa;b7b77 is amended by adding at the end the following3 7#c7 ,major source analyses ,the regulations required by section #ejb7;b7 shall include a requirement that an applicant for a permit or renewal of a permit for a major source shall submit1 together with the compliance plan required under this subsection1 a cumulative impacts analysis for each census block group or ,tribal census block group 7as those terms are defined by the ,director of the ,bureau of the ,census7 located in1 or immediately adjacent to1 the area in which the major source is1 or is proposed to be1 located that analyzes-- 7,a7 community demographics and locations of community exposure points1 such as schools1 day care centers1 nursing homes1 hospitals1 health clinics1 places of religious worship1 parks1 playgrounds1 and community centers2 7,b7 air quality and the potential effect on that air quality of emissions of air pollutants 7including pollutants listed under section #ajh or #aab7 from the major source1 including in combination with existing sources of pollutants2 7,c7 the potential effects on soil quality and water quality of emissions of lead and other air pollutants that could contaminate soil or water from the major source1 including in combination with existing sources of pollutants2 and 7,d7 public health and any potential effects on public health from the major source4 4 #djbjh4 ,interagency ,working ,group on ,environmental ,justice ,compliance and ,enforcement 7a7 ,establishment ,not later than #cj days after the date of enactment of this ,act1 the ,president shall establish a working group1 to be known as the ,interagency ,working ,group on ,environmental ,justice ,compliance and ,enforcement4 7b7 ,purposes ,the purposes of the ,working ,group are-- 7#a7 to improve coordination and collaboration among ,federal agencies and to help advise and assist ,federal agencies in identifying and addressing1 as appropriate1 the disproportionate human health and environmental effects of ,federal programs1 policies1 practices1 and activities on communities of color1 low-income communities1 and ,tribal and indigenous communities2 7#b7 to promote meaningful involvement and due process in the development1 implementation1 and enforcement of environmental laws2 7#c7 to coordinate with1 and provide direct guidance and technical assistance to1 environmental justice communities1 with a focus on increasing community understanding of the science1 regulations1 and policy related to ,federal agency actions on environmental justice issues2 and 7#d7 to address environmental health1 pollution1 and public health burdens in environmental justice communities1 and build healthy1 sustainable1 and resilient communities4 7c7 ,composition ,the ,working ,group shall be composed of members as follows 7or their designee73 7#a7 ,the ,secretary of ,agriculture4 7#b7 ,the ,secretary of ,commerce4 7#c7 ,the ,secretary of ,defense4 7#d7 ,the ,secretary of ,education4 7#e7 ,the ,secretary of ,energy4 7#f7 ,the ,secretary of ,health and ,human ,services4 7#g7 ,the ,secretary of ,homeland ,security4 7#h7 ,the ,secretary of ,housing and ,urban ,development4 7#i7 ,the ,secretary of the ,interior4 7#aj7 ,the ,attorney ,general4 7#aa7 ,the ,secretary of ,labor4 7#ab7 ,the ,secretary of ,transportation4 7#ac7 ,the ,administrator of the ,environmental ,protection ,agency4 7#ad7 ,the ,director of the ,office of ,management and ,budget4 7#ae7 ,the ,director of the ,office of ,science and ,technology ,policy4 7#af7 ,the ,deputy ,assistant to the ,president for ,environmental ,policy4 7#ag7 ,the ,assistant to the ,president for ,domestic ,policy4 7#ah7 ,the ,director of the ,national ,economic ,council4 7#ai7 ,the ,chairperson of the ,council on ,environmental ,quality4 7#bj7 ,the ,chairperson of the ,council of ,economic ,advisers4 7#ba7 ,the ,director of the ,national ,institutes of ,health4 7#bb7 ,the ,director of the ,office of ,environmental ,justice4 7#bc7 ,the ,chairperson of the ,consumer ,product ,safety ,commission4 7#bd7 ,the ,chairperson of the ,chemical ,safety ,board4 7#be7 ,the ,director of the ,national ,park ,service4 7#bf7 ,the ,assistant ,secretary of the ,bureau of ,indian ,affairs4 7#bg7 ,the ,chairperson of the ,national ,environmental ,justice ,advisory ,council4 7#bh7 ,the head of any other agency that the ,president may designate4 7d7 ,governance ,the ,chairperson of the ,council on ,environmental ,quality shall serve as ,chairperson of the ,working ,group4 7e7 ,report to president ,the ,working ,group shall report to the ,president through the ,chairperson of the ,council on ,environmental ,quality4 7f7 ,uniform consideration guidance 7#a7 ,in general ,to ensure that there is a common level of understanding of terminology used in dealing with environmental justice issues1 not later than #a year after the date of enactment of this ,act1 after coordinating with and conducting outreach to environmental justice communities1 ,state governments1 ,tribal ,governments1 and local governments1 the ,working ,group shall develop and publish in the ,federal ,register a guidance document to assist ,federal agencies in defining and applying the following terms3 7,a7 ,health disparities4 7,b7 ,environmental exposure disparities4 7,c7 ,demographic characteristics1 including age1 sex1 and race or ethnicity4 7,d7 ,social stressors1 including poverty1 housing quality1 access to health care1 education1 immigration status1 linguistic isolation1 historical trauma1 and lack of community resources4 7,e7 ,cumulative impacts or risks4 7,f7 ,community vulnerability or susceptibility to adverse human health and environmental effects 7including climate change74 7,g7 ,barriers to meaningful involvement in the development1 implementation1 and enforcement of environmental laws4 7,h7 ,community capacity to address environmental concerns1 including the capacity to obtain equitable access to environmental amenities4 7#b7 ,public comment ,for a period of not less than #cj days1 the ,working ,group shall seek public comment on the guidance document developed under paragraph 7#a74 7#c7 ,documentation ,not later than #ij days after the date of publication of the guidance document under paragraph 7#a71 the head of each ,federal agency participating in the ,working ,group shall document the ways in which the ,federal agency will incorporate guidance from the document into the environmental justice strategy of the ,federal agency developed and finalized under section #djbji7;b74 7g7 ,development of interagency ,federal environmental justice strategy 7#a7 ,in general ,not later than #c years after the date of enactment of this ,act1 after notice and opportunity for public comment1 the ,working ,group shall develop and issue a coordinated interagency ,federal environmental justice strategy4 7#b7 ,consideration ,in carrying out paragraph 7#a71 the ,working ,group shall consider each environmental justice strategy developed and finalized by each ,federal agency that participates in the ,working ,group under section #djbji7;b74 7h7 ,report to president 7#a7 ,in general ,not later than #ahj days after the date described in subsection 7g77#a71 the ,working ,group shall submit to the ,president a report that contains-- 7,a7 a description of the implementation of the interagency ,federal environmental justice strategy2 and 7,b7 a copy of the finalized environmental justice strategy of each ,federal agency that participates in the ,working ,group that is developed and finalized under section #djbji7;b74 7#b7 ,public availability ,the head of each ,federal agency that participates in the ,working ,group shall make the report described in paragraph 7#a7 available to the public 7including by posting a copy of the report on the website of each ,federal agency74 #djbji4 ,federal agency actions and responsibilities 7a7 ,conduct of programs ,each ,federal agency that participates in the ,working ,group shall conduct each program1 policy1 practice1 and activity of the ,federal agency that adversely affects1 or has the potential to adversely affect1 human health or the environment in a manner that ensures that each such program1 policy1 practice1 or activity does not have an effect of excluding any individual from participating in1 denying any individual the benefits of1 or subjecting any individual to discrimination or disparate impact under1 such program1 policy1 practice1 or activity of the ,federal agency because of the race1 color1 national origin1 or income level of the individual4 7b7 ,federal agency environmental justice strategies 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 and after notice and opportunity for public comment1 each ,federal agency that participates in the ,working ,group shall develop and finalize an agencywide environmental justice strategy that-- 7,a7 identifies staff to support implementation of the ,federal agency's environmental justice strategy2 7,b7 identifies and addresses any disproportionately high or adverse human health or environmental effects of its programs1 policies1 practices1 and activities on-- 7i7 communities of color2 7ii7 low-income communities2 and 7iii7 ,tribal and indigenous communities2 and 7,c7 complies with each requirement described in paragraph 7#b74 7#b7 ,contents ,each environmental justice strategy developed by a ,federal agency under paragraph 7#a7 shall contain-- 7,a7 an assessment that identifies each program1 policy1 practice1 and activity 7including any public participation process7 of the ,federal agency1 relating to human health or the environment that the ,federal agency determines should be revised-- 7i7 to ensure that all persons have the same degree of protection from environmental and health hazards2 7ii7 to ensure meaningful public involvement and due process in the development1 implementation1 and enforcement of all ,federal laws2 7iii7 to improve direct guidance and technical assistance to environmental justice communities with respect to the understanding of the science1 regulations1 and policy related to ,federal agency action on environmental justice issues2 7iv7 to improve cooperation with ,state governments1 ,tribal ,governments1 and local governments to address pollution and public health burdens in environmental justice communities1 and build healthy1 sustainable1 and resilient communities2 7v7 to improve ,federal research and data collection efforts related to-- 7,i7 the health and environment of communities of color1 low-income communities1 and ,tribal and indigenous communities2 7,,ii7 climate change2 and 7,,iii7 the inequitable distribution of burdens and benefits of the management and use of natural resources1 including water1 minerals1 or land2 and 7vi7 to reduce or eliminate disproportionately adverse human health or environmental effects on communities of color1 low-income communities1 and ,tribal and indigenous communities2 and 7,b7 a timetable for the completion of-- 7i7 each revision identified under subparagraph 7,a72 and 7ii7 an assessment of the economic and social implications of each revision identified under subparagraph 7,a74 7#c7 ,reports 7,a7 ,annual reports ,not later than #b years after the finalization of an environmental justice strategy under this subsection1 and annually thereafter1 a ,federal agency that participates in the ,working ,group shall submit to the ,working ,group a report describing the progress of the ,federal agency in implementing the environmental justice strategy of the ,federal agency4 7,b7 ,periodic reports ,in addition to the annual reports described in subparagraph 7,a71 upon receipt of a request from the ,working ,group1 a ,federal agency shall submit to the ,working ,group a report that contains such information as the ,working ,group may require4 7#d7 ,revision of agencywide environmental justice strategy ,not later than #e years after the date of enactment of this ,act1 each ,federal agency that participates in the ,working ,group shall-- 7,a7 evaluate and revise the environmental justice strategy of the ,federal agency2 and 7,b7 submit to the ,working ,group a copy of the revised version of the environmental justice strategy of the ,federal agency4 7#e7 ,petition 7,a7 ,in general ,the head of a ,federal agency may submit to the ,president a petition for an exemption of any requirement described in this section with respect to any program or activity of the ,federal agency if the head of the ,federal agency determines that complying with such requirement would compromise the agency's ability to carry out its core missions4 7,b7 ,availability to public ,each petition submitted by a ,federal agency to the ,president under subparagraph 7,a7 shall be made available to the public 7including through a description of the petition on the website of the ,federal agency74 7,c7 ,consideration ,in determining whether to grant a petition for an exemption submitted by a ,federal agency to the ,president under subparagraph 7,a71 the ,president shall make a decision that reflects both the merits of the specific case and the broader national interest in breaking cycles of environmental injustice1 and shall consider whether the granting of the petition would likely-- 7i7 result in disproportionately adverse human health or environmental effects on communities of color1 low-income communities1 and ,tribal and indigenous communities2 or 7ii7 exacerbate1 or fail to ameliorate1 any disproportionately adverse human health or environmental effect on any community of color1 low-income community1 or ,tribal and indigenous community4 7,d7 ,appeal 7i7 ,in general ,not later than #ij days after the date on which the ,president approves a petition under this paragraph1 an individual may appeal the decision of the ,president to approve the petition4 7ii7 ,written appeal 7,i7 ,in general ,to appeal a decision of the ,president under subparagraph 7,a71 an individual shall submit a written appeal to-- 7aa7 the ,council on ,environmental ,quality2 7bb7 the ,deputy ,assistant to the ,president for ,environmental ,policy2 or 7cc7 the ,assistant to the ,president for ,domestic ,policy4 7,,ii7 ,contents ,a written appeal shall contain a description of each reason why the exemption that is the subject of the petition is unnecessary4 7iii7 ,requirement of ,president ,not later than #ij days after the date on which an official described in clause 7ii77,i7 receives a written appeal submitted by an individual under that clause1 the ,president shall provide to the individual a written notification describing the decision of the ,president with respect to the appeal4 7c7 ,human health and environmental research1 data collection1 and analysis 7#a7 ,research ,each ,federal agency1 to the maximum extent practicable and permitted by applicable law1 shall-- 7,a7 in conducting environmental1 public access1 or human health research1 include diverse segments of the population in epidemiological and clinical studies1 including segments at high risk from environmental hazards such as communities of color1 low-income communities1 and ,tribal and indigenous communities2 7,b7 in conducting environmental or human health analyses1 identify multiple and cumulative exposures1 including potentially exacerbated risks due to current and future climate impacts2 and 7,c7 actively encourage and solicit community-based science1 and provide to communities of color1 low-income communities1 and ,tribal and indigenous communities the opportunity to comment on and participate in the development and design of research strategies carried out pursuant to this subtitle4 7#b7 ,disproportionate impact ,to the maximum extent practicable and permitted by applicable law 7including section #eeb;a of title #e1 ,united ,states ,code 7commonly known as the ,privacy ,act771 each ,federal agency shall-- 7,a7 collect1 maintain1 and analyze information assessing and comparing environmental and human health risks borne by populations identified by race1 national origin1 income1 or other readily available and appropriate information2 and 7,b7 use that information to determine whether the programs1 policies1 and activities of the ,federal agency have disproportionally adverse human health or environmental effects on communities of color1 low-income communities1 and ,tribal and indigenous communities4 7#c7 ,information relating to non-,federal facilities ,in connection with the implementation of ,federal agency environmental justice strategies under subsection 7b71 each ,federal agency1 to the maximum extent practicable and permitted by applicable law1 shall collect1 maintain1 and analyze information relating to the race1 national origin1 and income level1 and other readily accessible and appropriate information1 for communities of color1 low-income communities1 and ,tribal and indigenous communities in proximity to any facility or site expected to have a substantial environmental1 human health1 or economic effect on the surrounding populations1 if the facility or site becomes the subject of a substantial ,federal environmental administrative or judicial action4 7#d7 ,impact from ,federal facilities ,each ,federal agency1 to the maximum extent practicable and permitted by applicable law1 shall collect1 maintain1 and analyze information relating to the race1 national origin1 and income level1 and other readily accessible and appropriate information1 for communities of color1 low-income communities1 and ,tribal and indigenous communities in proximity to any facility of the ,federal agency that is-- 7,a7 subject to the reporting requirements under the ,emergency ,planning and ,community ,right-to-,know ,act of #aihf 7#db ,u4,s4,c4 #aajja et seq471 as required by ,executive ,order #abhef 7#db ,u4,s4,c4 #dcba note72 and 7,b7 expected to have a substantial environmental1 human health1 or economic effect on surrounding populations4 7d7 ,consumption of fish and wildlife 7#a7 ,in general ,each ,federal agency shall develop1 publish 7unless prohibited by law71 and revise1 as practicable and appropriate1 guidance on actions of the ,federal agency that will impact fish and wildlife consumed by populations that principally rely on fish or wildlife for subsistence4 7#b7 ,requirement ,the guidance described in paragraph 7#a7 shall-- 7,a7 reflect the latest scientific information available concerning methods for evaluating the human health risks associated with the consumption of pollutant-bearing fish or wildlife2 and 7,b7 publish the risks of such consumption patterns4 7e7 ,mapping and screening tool ,the ,administrator shall make available to the public an environmental justice mapping and screening tool 7such as ,e,j,screen or an equivalent tool7 that includes1 at a minimum1 the following features3 7#a7 ,nationally consistent data4 7#b7 ,environmental data4 7#c7 ,demographic data1 including data relating to race1 ethnicity1 and income4 7#d7 ,capacity to produce maps and reports by geographical area4 7#e7 ,data on national parks and other federally protected natural1 historic1 and cultural sites4 7f7 ,judicial review and rights of action ,any person may commence a civil action-- 7#a7 to seek relief from1 or to compel1 an agency action under this section 7including regulations promulgated pursuant to this section72 or 7#b7 otherwise to ensure compliance with this section 7including regulations promulgated pursuant to this section74 7g7 ,information sharing ,in carrying out this section1 each ,federal agency1 to the maximum extent practicable and permitted by applicable law1 shall share information and eliminate unnecessary duplication of efforts through the use of existing data systems and cooperative agreements among ,federal agencies and with ,state1 local1 and ,tribal governments4 7h7 ,codification of guidance 7#a7 ,council on ,environmental ,quality ,sections ,,ii and ,,iii of the guidance issued by the ,council on ,environmental ,quality entitled ,environmental ,justice ,guidance ,under the ,national ,environmental ,policy ,act and dated ,december #aj1 #aiig1 are enacted into law4 7#b7 ,environmental ,protection ,agency ,the guidance issued by the ,environmental ,protection ,agency entitled ,,epa ,policy on ,consultation and ,coordination with ,indian ,tribes3 ,guidance for ,discussing ,tribal ,treaty ,rights and dated ,february #bjaf is enacted into law4 #djbaj4 ,ombudsmen 7a7 ,establishment ,the ,administrator shall establish within the ,environmental ,protection ,agency a position of ,environmental ,justice ,ombudsman4 7b7 ,reporting ,the ,environmental ,justice ,ombudsman shall-- 7#a7 report directly to the ,administrator2 and 7#b7 not be required to report to the ,office of ,environmental ,justice of the ,environmental ,protection ,agency4 7c7 ,functions ,the ,ombudsman shall-- 7#a7 in coordination with the ,inspector ,general of the ,environmental ,protection ,agency1 establish an independent1 neutral1 accessible1 confidential1 and standardized process-- 7,a7 to receive1 review1 and process complaints and allegations with respect to environmental justice programs and activities of the ,environmental ,protection ,agency2 and 7,b7 to assist individuals in resolving complaints and allegations described in subparagraph 7,a72 7#b7 identify and thereafter review1 examine1 and make recommendations to the ,administrator to address recurring and chronic complaints regarding specific environmental justice programs and activities of the ,environmental ,protection ,agency identified by the ,ombudsman pursuant to paragraph 7#a72 7#c7 review the ,environmental ,protection ,agency's compliance with policies and standards of the ,environmental ,protection ,agency with respect to its environmental justice programs and activities2 and 7#d7 produce an annual report that details the findings of the regional staff1 feedback received from environmental justice communities1 and recommendations to increase cooperation between the ,environmental ,protection ,agency and environmental justice communities4 7d7 ,availability of report ,the ,administrator shall make each report produced pursuant to subsection 7c7 available to the public 7including by posting a copy of the report on the website of the ,environmental ,protection ,agency74 7e7 ,regional staff 7#a7 ,authority of ,environmental ,justice ,ombudsman ,the ,administrator shall allow the ,environmental ,justice ,ombudsman to hire such staff as the ,environmental ,justice ,ombudsman determines to be necessary to carry out at each regional office of the ,environmental ,protection ,agency the functions of the ,environmental ,justice ,ombudsman described in subsection 7c74 7#b7 ,purposes ,staff hired pursuant to paragraph 7#a7 shall-- 7,a7 foster cooperation between the ,environmental ,protection ,agency and environmental justice communities2 7,b7 consult with environmental justice communities on the development of policies and programs of the ,environmental ,protection ,agency2 7,c7 receive feedback from environmental justice communities on the performance of the ,environmental ,protection ,agency2 and 7,d7 compile and submit to the ,environmental ,justice ,ombudsman such information as may be necessary for the ,ombudsman to produce the annual report described in subsection 7c74 7#c7 ,full-time position ,each individual hired by the ,environmental ,justice ,ombudsman under paragraph 7#a7 shall be hired as a full-time employee of the ,environmental ,protection ,agency4 #djbaa4 ,access to parks1 outdoor spaces1 and public recreation opportunities 7a7 ,definitions ,in this section3 7#a7 ,eligible entity 7,a7 ,in general ,the term eligible entity means-- 7i7 a ,state2 7ii7 a political subdivision of a ,state1 including-- 7,i7 a city2 and 7,,ii7 a county2 7iii7 a special purpose district1 including park districts2 and 7iv7 an ,indian ,tribe4 7,b7 ,political subdivisions and ,indian ,tribes ,a political subdivision of a ,state or an ,indian ,tribe shall be considered an eligible entity only if the political subdivision or ,indian ,tribe represents or otherwise serves a qualifying urban area4 7#b7 ,outdoor recreation legacy partnership grant program ,the term ,outdoor ,recreation ,legacy ,partnership ,grant ,program means the program established under subsection 7b74 7#c7 ,qualifying urban area ,the term qualifying urban area means an area identified by the ,census ,bureau as an 8urban area0 in the most recent census4 7#d7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7b7 ,establishment ,the ,secretary shall establish an outdoor recreation legacy partnership grant program under which the ,secretary may award grants to eligible entities for projects-- 7#a7 to acquire land and water for parks and other outdoor recreation purposes2 7#b7 to develop new or renovate existing outdoor recreation facilities2 and 7#c7 to develop projects that provide opportunities for outdoor education and public lands volunteerism4 7c7 ,matching requirement 7#a7 ,in general ,as a condition of receiving a grant under subsection 7b71 an eligible entity shall provide matching funds in the form of cash or an in-kind contribution in an amount equal to not less than #ajj percent of the amounts made available under the grant4 7#b7 ,sources ,the matching amounts referred to in paragraph 7#a7 may include amounts made available from ,state1 local1 nongovernmental1 or private sources4 7#c7 ,waiver ,the ,secretary may waive all or part of the matching requirement under paragraph 7#a7 if the ,secretary determines that-- 7,a7 no reasonable means are available through which an applicant can meet the matching requirement2 and 7,b7 the probable benefit of such project outweighs the public interest in such matching requirement4 7d7 ,eligible uses 7#a7 ,in general ,a grant recipient may use a grant awarded under this section-- 7,a7 to acquire land or water that provides outdoor recreation opportunities to the public2 and 7,b7 to develop or renovate outdoor recreational facilities that provide outdoor recreation opportunities to the public1 with priority given to projects that-- 7i7 create or significantly enhance access to park and recreational opportunities in an urban or suburban area that lacks access to such activities2 7ii7 engage and empower underserved communities and youth2 7iii7 provide opportunities for youth employment or job training2 7iv7 establish or expand public-private partnerships1 with a focus on leveraging resources2 and 7v7 take advantage of coordination among various levels of government4 7#b7 ,limitations on use ,a grant recipient may not use grant funds for-- 7,a7 grant administration costs2 7,b7 incidental costs related to land acquisition1 including appraisal and titling2 7,c7 operation and maintenance activities2 7,d7 facilities that support semiprofessional or professional athletics2 7,e7 indoor facilities such as recreation centers or facilities that support primarily non-outdoor purposes2 or 7,f7 acquisition of land or interests in land that restrict access to specific persons4 7e7 ,national park service requirements ,in carrying out the ,outdoor ,recreation ,legacy ,partnership ,grant ,program1 the ,secretary shall-- 7#a7 conduct an initial screening and technical review of applications received2 and 7#b7 evaluate and score all qualifying applications4 7f7 ,reporting 7#a7 ,annual reports ,not later than #cj days after the last day of each report period1 each ,state lead agency that receives a grant under this section shall annually submit to the ,secretary performance and financial reports that-- 7,a7 summarize project activities conducted during the report period2 and 7,b7 provide the status of the project1 including of description of how the project has improved access to parkland1 open space1 or recreational facilities from the community perspective4 7#b7 ,final reports ,not later than #ij days after the earlier of the date of expiration of a project period or the completion of a project1 each ,state lead agency that receives a grant under this section shall submit to the ,secretary a final report containing such information as the ,secretary may require4 7g7 ,revenue sharing ,section #aje7;a77#b7 of the ,gulf of ,mexico ,energy ,security ,act of #bjjf 7#dc ,u4,s4,c4 #acca note7 is amended-- 7#a7 in subparagraph 7,a71 by striking and2 7#b7 in subparagraph 7,b7-- 7,a7 by striking #be percent and inserting #bj percent2 and 7,b7 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7,c7 #e percent to provide grants under the ,outdoor ,recreation ,legacy ,partnership ,grant ,program established under section #djbaa of the ,environmental ,justice ,for ,all ,act4 4 #djbab4 ,transit to trails grant program 7a7 ,definitions ,in this section3 7#a7 ,critically underserved community ,the term critically underserved community means-- 7,a7 a community that can demonstrate to the ,secretary that the community has inadequate1 insufficient1 or no park space or recreation facilities1 including by demonstrating-- 7i7 quality concerns relating to the available park space or recreation facilities2 7ii7 the presence of recreational facilities that do not serve the needs of the community2 or 7iii7 the inequitable distribution of park space for high-need populations1 based on income1 age1 or other measures of vulnerability and need2 7,b7 a community in which at least #ej percent of the population is not located within #ab mile of park space2 7,c7 a community that is designated as a qualified opportunity zone under section #adjj,z-#a of the ,internal ,revenue ,code of #aihf2 or 7,d7 any other community that the ,secretary determines to be appropriate4 7#b7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,state2 7,b7 a political subdivision of a ,state 7including a city or a county7 that represents or otherwise serves an urban area or a rural area2 7,c7 a special purpose district 7including a park district72 7,d7 an ,indian tribe 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd77 that represents or otherwise serves an urban area or a rural area2 or 7,e7 a metropolitan planning organization 7as defined in section #acd7;b7 of title #bc1 ,united ,states ,code74 7#c7 ,program ,the term program means the ,transit to ,trails ,grant ,program established under subsection 7b77#a74 7#d7 ,rural area ,the term rural area means a community that is not an urban area4 7#e7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 7#f7 ,transportation connector 7,a7 ,in general ,the term transportation connector means a system that-- 7i7 connects #b zip codes or communities within a #age-mile radius of a designated service area2 and 7ii7 offers rides available to the public4 7,b7 ,inclusions ,the term transportation connector includes microtransits1 bus lines1 bus rails1 light rail1 rapid transits1 or personal rapid transits4 7#g7 ,urban area ,the term urban area means a community that-- 7,a7 is densely developed2 7,b7 has residential1 commercial1 and other nonresidential areas2 and 7,c7 7i7 is an urbanized area with a population of #ej1jjj or more2 or 7ii7 is an urban cluster with a population of-- 7,i7 not less than #b1ejj2 and 7,,ii7 not more than #ej1jjj4 7b7 ,grant program 7#a7 ,establishment ,the ,secretary shall establish a grant program1 to be known as the ,transit to ,trails ,grant ,program1 under which the ,secretary shall award grants to eligible entities for-- 7,a7 projects that develop transportation connectors or routes in or serving1 and related education materials for1 critically underserved communities to increase access and mobility to ,federal or non-,federal public land1 waters1 parkland1 or monuments2 or 7,b7 projects that facilitate transportation improvements to enhance access to ,federal or non-,federal public land and recreational opportunities in critically underserved communities4 7#b7 ,administration 7,a7 ,in general ,the ,secretary shall administer the program to assist eligible entities in the development of transportation connectors or routes in or serving1 and related education materials for1 critically underserved communities and ,federal or non-,federal public land1 waters1 parkland1 and monuments4 7,b7 ,joint partnerships ,the ,secretary shall encourage joint partnership projects under the program1 if available1 among multiple agencies1 including school districts1 nonprofit organizations1 metropolitan planning organizations1 regional transportation authorities1 transit agencies1 and ,state and local governmental agencies 7including park and recreation agencies and authorities7 to enhance investment of public sources4 7,c7 ,annual grant project proposal solicitation1 review1 and approval 7i7 ,in general ,the ,secretary shall-- 7,i7 annually solicit the submission of project proposals for grants from eligible entities under the program2 and 7,,ii7 review each project proposal submitted under subclause 7,i7 on a timeline established by the ,secretary4 7ii7 ,required elements for project proposal ,a project proposal submitted under clause 7i77,i7 shall include-- 7,i7 a statement of the purposes of the project2 7,,ii7 the name of the entity or individual with overall responsibility for the project2 7,,iii7 a description of the qualifications of the entity or individuals identified under subclause 7,,ii72 7,,iv7 a description of-- 7aa7 staffing and stakeholder engagement for the project2 7bb7 the logistics of the project2 and 7cc7 anticipated outcomes of the project2 7,v7 a proposed budget for the funds and time required to complete the project2 7,,vi7 information regarding the source and amount of matching funding available for the project2 7,,vii7 information that demonstrates the clear potential of the project to contribute to increased access to parkland for critically underserved communities2 and 7,,viii7 any other information that the ,secretary considers to be necessary for evaluating the eligibility of the project for funding under the program4 7iii7 ,consultation2 approval or disapproval ,the ,secretary shall1 with respect to each project proposal submitted under this subparagraph1 as appropriate-- 7,i7 consult with the government of each ,state in which the proposed project is to be conducted2 7,,ii7 after taking into consideration any comments resulting from the consultation under subclause 7,i71 approve or disapprove the proposal2 and 7,,iii7 provide written notification of the approval or disapproval to-- 7aa7 the individual or entity that submitted the proposal2 and 7bb7 each ,state consulted under subclause 7,i74 7,d7 ,priority ,to the extent practicable1 in determining whether to approve project proposals under the program1 the ,secretary shall prioritize projects that are designed to increase access and mobility to local or neighborhood ,federal or non-,federal public land1 waters1 parkland1 monuments1 or recreational opportunities4 7#c7 ,transportation planning procedures 7,a7 ,procedures ,in consultation with the head of each appropriate ,federal land management agency1 the ,secretary shall develop1 by rule1 transportation planning procedures for projects conducted under the program that are consistent with metropolitan and statewide planning processes4 7,b7 ,requirements ,all projects carried out under the program shall be developed in cooperation with ,states and metropolitan planning organizations4 7#d7 ,non-,federal contributions 7,a7 ,in general ,as a condition of receiving a grant under the program1 an eligible entity shall provide funds in the form of cash or an in-kind contribution in an amount equal to not less than #ajj percent of the amount of the grant4 7,b7 ,sources ,the non-,federal contribution required under subparagraph 7,a7 may include amounts made available from ,state1 local1 nongovernmental1 or private sources4 7#e7 ,eligible uses ,grant funds provided under the program may be used-- 7,a7 to develop transportation connectors or routes in or serving1 and related education materials for1 critically underserved communities to increase access and mobility to ,federal and non-,federal public land1 waters1 parkland1 and monuments2 and 7,b7 to create or significantly enhance access to ,federal or non-,federal public land and recreational opportunities in an urban area or a rural area4 7#f7 ,grant amount ,a grant provided under the program shall be-- 7,a7 not less than #be1jjj2 and 7,b7 not more than #ejj1jjj4 7#g7 ,technical assistance ,it is the intent of ,congress that grants provided under the program deliver project funds to areas of greatest need while offering technical assistance to all applicants and potential applicants for grant preparation to encourage full participation in the program4 7#h7 ,public information ,the ,secretary shall ensure that current schedules and routes for transportation systems developed after the receipt of a grant under the program are available to the public1 including on a website maintained by the recipient of a grant4 7c7 ,reporting requirement 7#a7 ,reports by grant recipients ,the ,secretary shall require a recipient of a grant under the program to submit to the ,secretary at least #a performance and financial report that-- 7,a7 includes-- 7i7 demographic data on communities served by the project2 and 7ii7 a summary of project activities conducted after receiving the grant2 and 7,b7 describes the status of each project funded by the grant as of the date of the report4 7#b7 ,additional reports ,in addition to the report required under paragraph 7#a71 the ,secretary may require additional reports from a recipient1 as the ,secretary determines to be appropriate1 including a final report4 7#c7 ,deadlines ,the ,secretary shall establish deadlines for the submission of each report required under paragraph 7#a7 or 7#b74 7d7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #aj1jjj1jjj for each fiscal year4 #djbac4 ,every ,kid ,outdoors ,section #ijja7;b77#e7 of the ,john ,d4 ,dingell1 ,jr4 ,conservation1 ,management1 and ,recreation ,act 7,public ,law #aaf-i2 #acc ,stat4 #hcj7 is repealed4 #djbad4 ,protections for environmental justice communities against harmful ,federal actions 7a7 ,purpose2 definitions 7#a7 ,purpose ,the purpose of this section is to establish additional protections relating to ,federal actions affecting environmental justice communities in recognition of the disproportionate burden of adverse human health or environmental effects faced by such communities4 7#b7 ,definitions ,in this section3 7,a7 ,federal action ,the term ,federal action means a proposed action that requires the preparation of an environmental impact statement1 environmental assessment1 categorical exclusion1 or other document under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7,b7 ,environmental impact statement ,the term environmental impact statement means the detailed statement of environmental impacts of a proposed action required to be prepared pursuant to the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7b7 ,preparation of a community impact report ,a ,federal agency proposing to take a ,federal action that has the potential to cause negative environmental or public health impacts on an environmental justice community shall prepare a community impact report assessing the potential impacts of the proposed action4 7c7 ,contents ,the community impact report described in subsection 7b7 shall-- 7#a7 assess the degree to which a proposed ,federal action affecting an environmental justice community will cause multiple or cumulative exposure to human health and environmental hazards that influence1 exacerbate or contribute to adverse health outcomes2 7#b7 assess relevant public health data and industry data concerning the potential for multiple or cumulative exposure to human health or environmental hazards in the area of the environmental justice community and historical patterns of exposure to environmental hazards and agencies shall assess these multiple1 or cumulative effects1 even if certain effects are not within the control or subject to the discretion of the ,federal agency proposing the ,federal action2 7#c7 assess the impact of such proposed ,federal action on such environmental justice community's ability to access public parks1 outdoor spaces1 and public recreation opportunities2 7#d7 evaluate alternatives to or mitigation measures for the proposed ,federal action that will-- 7,a7 eliminate or reduce any identified exposure to human health and environmental hazards described in paragraph 7#a7 to a level that is reasonably expected to avoid human health impacts in environmental justice communities2 and 7,b7 not negatively impact an environmental justice community's ability to access public parks1 outdoor spaces1 and public recreation opportunities2 and 7#e7 analyze any alternative developed by members of an affected environmental justice community that meets the purpose and need of the proposed action4 7d7 ,delegation ,federal agencies shall not delegate responsibility for the preparation of a community impact report prepared under this section to any other entity4 7e7 ,national ,environmental ,policy ,act requirements for environmental justice communities ,when carrying out the requirements of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 for a proposed ,federal action that may affect an environmental justice community1 a ,federal agency shall-- 7#a7 consider all potential direct1 indirect1 and cumulative impacts caused by the action1 alternatives to such action1 and mitigation measures on the environmental justice community2 7#b7 require any public comment period carried out during the scoping phase of the environmental review process to be no less than #ij days2 7#c7 provide early and meaningful community involvement opportunities by-- 7,a7 holding multiple hearings in such community regarding the proposed ,federal action in each prominent language within the environmental justice community2 and 7,b7 providing notice of any step or action in the ,national ,environmental ,policy ,act process that involves public participation to any representative entities or organizations present in the environmental justice community including-- 7i7 local religious organizations2 7ii7 civic associations and organizations2 7iii7 business associations of people of color2 7iv7 environmental and environmental justice organizations1 including community-based grassroots organizations led by people of color2 7v7 homeowners'1 tenants'1 and neighborhood watch groups2 7vi7 local and ,tribal governments2 7vii7 rural cooperatives2 7viii7 business and trade organizations2 7ix7 community and social service organizations2 7x7 universities1 colleges1 and vocational schools2 7xi7 labor and other worker organizations2 7xii7 civil rights organizations2 7xiii7 senior citizens' groups2 and 7xiv7 public health agencies and clinics2 and 7#d7 provide translations of publicly available documents made available pursuant to the ,national ,environmental ,policy ,act in any language spoken by more than #e percent of the population residing within the environmental justice community4 7f7 ,communication methods and requirements ,any notice provided under subsection 7e77#c77;,b7 shall be provided-- 7#a7 through communication methods that are accessible in the environmental justice community4 ,such methods may include electronic media1 newspapers1 radio1 direct mailings1 canvassing1 and other outreach methods particularly targeted at communities of color1 low-income communities1 and ,tribal and indigenous communities2 and 7#b7 at least #cj days before any hearing in such community or the start of any public comment period4 7g7 ,requirements for actions requiring an environmental impact statement ,for any proposed ,federal action affecting an environmental justice community requiring the preparation of an environmental impact statement1 the ,federal agency shall provide the following information when giving notice of the proposed action3 7#a7 ,a description of the proposed action4 7#b7 ,an outline of the anticipated schedule for completing the process under the ,national ,environmental ,policy ,act1 with a description of key milestones4 7#c7 ,an initial list of alternatives and potential impacts4 7#d7 ,an initial list of other existing or proposed sources of multiple or cumulative exposure to environmental hazards that contribute to higher rates of serious illnesses within the environmental justice community4 7#e7 ,an agency point of contact4 7#f7 ,timely notice of locations where comments will be received or public meetings held4 7#g7 ,any telephone number or locations where further information can be obtained4 7h7 ,national ,environmental ,policy ,act requirements for ,indian ,tribes ,when carrying out the requirements of the ,national ,environmental ,policy ,act for a proposed ,federal action that may affect an ,indian ,tribe1 a ,federal agency shall-- 7#a7 seek ,tribal representation in the process in a manner that is consistent with the government-to-government relationship between the ,united ,states and ,tribal governments1 the ,federal ,government's trust responsibility to federally recognized ,tribes1 and any treaty rights2 7#b7 ensure that an ,indian ,tribe is invited to hold the status of a cooperating agency throughout the ,national ,environmental ,policy ,act process for any proposed action that could impact an ,indian ,tribe including actions that could impact off reservation lands and sacred sites2 and 7#c7 invite an ,indian ,tribe to hold the status of a cooperating agency in accordance with paragraph 7#b7 no later than the commencement of the scoping process for a proposed action requiring the preparation of an environmental impact statement4 7i7 ,agency determinations ,federal agency determinations about the analysis of a community impact report described in this section shall be subject to judicial review to the same extent as any other analysis performed under the ,national ,environmental ,policy ,act4 7j7 ,effective date ,this section shall take effect one year after the date of enactment of this ,act4 7k7 ,savings clause ,nothing in this section diminishes any right granted through the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 to the public4 #djbae4 ,training of employees of ,federal agencies 7a7 ,initial training ,not later than #a year after the date of enactment of this ,act1 each employee of the ,environmental ,protection ,agency1 the ,department of the ,interior1 and the ,national ,oceanic and ,atmospheric ,administration shall complete an environmental justice training program to ensure that each such employee-- 7#a7 has received training in environmental justice2 and 7#b7 is capable of-- 7,a7 appropriately incorporating environmental justice concepts into the daily activities of the employee2 and 7,b7 increasing the meaningful participation of individuals from environmental justice communities in the activities of the applicable agency4 7b7 ,mandatory participation ,effective on the date that is #a year after the date of enactment of this ,act1 each individual hired by the ,environmental ,protection ,agency1 the ,department of the ,interior1 and the ,national ,oceanic and ,atmospheric ,administration after that date shall be required to participate in environmental justice training4 7c7 ,requirement relating to certain employees 7#a7 ,in general ,with respect to each ,federal agency that participates in the ,working ,group1 not later than #cj days after the date on which an individual is appointed to the position of environmental justice coordinator1 environmental justice ombudsman1 or any other position the responsibility of which involves the conduct of environmental justice activities1 the individual shall be required to possess documentation of the completion by the individual of environmental justice training4 7#b7 ,effect ,if an individual described in paragraph 7#a7 fails to meet the requirement described in that paragraph1 the ,federal agency at which the individual is employed shall transfer the individual to a different position until the date on which the individual completes environmental justice training4 7#c7 ,evaluation ,not later than #c years after the date of enactment of this ,act1 the ,inspector ,general of each ,federal agency that participates in the ,working ,group shall evaluate the training programs of such ,federal agency to determine if such ,federal agency has improved the rate of training of the employees of such ,federal agency to ensure that each employee has received environmental justice training4 #djbaf4 ,environmental justice grant programs 7a7 ,environmental justice community grant program 7#a7 ,establishment ,the ,administrator shall establish a program under which the ,administrator shall provide grants to eligible entities to assist the eligible entities in-- 7,a7 building capacity to address issues relating to environmental justice2 and 7,b7 carrying out any activity described in paragraph 7#d74 7#b7 ,eligibility ,to be eligible to receive a grant under paragraph 7#a71 an eligible entity shall be a nonprofit1 community-based organization that conducts activities1 including providing medical and preventive health services1 to reduce the disproportionate health impacts of environmental pollution in the environmental justice community at which the eligible entity proposes to conduct an activity that is the subject of the application described in paragraph 7#c74 7#c7 ,application ,to be eligible to receive a grant under paragraph 7#a71 an eligible entity shall submit to the ,administrator an application at such time1 in such manner1 and containing such information as the ,administrator may require1 including-- 7,a7 an outline describing the means by which the project proposed by the eligible entity will-- 7i7 with respect to environmental and public health issues at the local level1 increase the understanding of the environmental justice community at which the eligible entity will conduct the project2 7ii7 improve the ability of the environmental justice community to address each issue described in clause 7i72 7iii7 facilitate collaboration and cooperation among various stakeholders 7including members of the environmental justice community72 and 7iv7 support the ability of the environmental justice community to proactively plan and implement just sustainable community development and revitalization initiatives1 including countering displacement and gentrification2 7,b7 a proposed budget for each activity of the project that is the subject of the application2 7,c7 a list of proposed outcomes with respect to the proposed project2 7,d7 a description of the ways by which the eligible entity may leverage the funds of the eligible entity1 or the funds made available through a grant under this subsection1 to develop a project that is capable of being sustained beyond the period of the grant2 and 7,e7 a description of the ways by which the eligible entity is linked to1 and representative of1 the environmental justice community at which the eligible entity will conduct the project4 7#d7 ,use of funds ,an eligible entity may only use a grant under this subsection to carry out culturally and linguistically appropriate projects and activities that are driven by the needs1 opportunities1 and priorities of the environmental justice community at which the eligible entity proposes to conduct the project or activity to address environmental justice concerns and improve the health or environment of the environmental justice community1 including activities-- 7,a7 to create or develop collaborative partnerships2 7,b7 to educate and provide outreach services to the environmental justice community2 7,c7 to identify and implement projects to address environmental or public health concerns2 or 7,d7 to develop a comprehensive understanding of environmental or public health issues4 7#e7 ,report 7,a7 ,in general ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 the ,administrator shall submit to the ,committees on ,energy and ,commerce and ,natural ,resources of the ,house of ,representatives and the ,committees on ,environment and ,public ,works and ,energy and ,natural ,resources of the ,senate a report describing the ways by which the grant program under this subsection has helped community-based nonprofit organizations address issues relating to environmental justice4 7,b7 ,public availability ,the ,administrator shall make each report required under subparagraph 7,a7 available to the public 7including by posting a copy of the report on the website of the ,environmental ,protection ,agency74 7#f7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #be1jjj1jjj for each of fiscal years #bjbc through #bjbg4 7b7 ,state grant program 7#a7 ,establishment ,the ,administrator shall establish a program under which the ,administrator shall provide grants to ,states to enable the ,states-- 7,a7 to establish culturally and linguistically appropriate protocols1 activities1 and mechanisms for addressing issues relating to environmental justice2 and 7,b7 to carry out culturally and linguistically appropriate activities to reduce or eliminate disproportionately adverse human health or environmental effects on environmental justice communities in the ,state1 including reducing economic vulnerabilities that result in the environmental justice communities being disproportionately affected4 7#b7 ,eligibility 7,a7 ,application ,to be eligible to receive a grant under paragraph 7#a71 a ,state shall submit to the ,administrator an application at such time1 in such manner1 and containing such information as the ,administrator may require1 including-- 7i7 a plan that contains a description of the means by which the funds provided through a grant under paragraph 7#a7 will be used to address issues relating to environmental justice at the ,state level2 and 7ii7 assurances that the funds provided through a grant under paragraph 7#a7 will be used only to supplement the amount of funds that the ,state allocates for initiatives relating to environmental justice4 7,b7 ,ability to continue program ,to be eligible to receive a grant under paragraph 7#a71 a ,state shall demonstrate to the ,administrator that the ,state has the ability to continue each program that is the subject of funds provided through a grant under paragraph 7#a7 after receipt of the funds4 7#c7 ,report 7,a7 ,in general ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 the ,administrator shall submit to the ,committees on ,energy and ,commerce and ,natural ,resources of the ,house of ,representatives and the ,committees on ,environment and ,public ,works and ,energy and ,natural ,resources of the ,senate a report describing-- 7i7 the implementation of the grant program established under paragraph 7#a72 7ii7 the impact of the grant program on improving the ability of each participating ,state to address environmental justice issues2 and 7iii7 the activities carried out by each ,state to reduce or eliminate disproportionately adverse human health or environmental effects on environmental justice communities in the ,state4 7,b7 ,public availability ,the ,administrator shall make each report required under subparagraph 7,a7 available to the public 7including by posting a copy of the report on the website of the ,environmental ,protection ,agency74 7#d7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #ae1jjj1jjj for each of fiscal years #bjbc through #bjbg4 7c7 ,tribal grant program 7#a7 ,establishment ,the ,administrator shall establish a program under which the ,administrator shall provide grants to ,tribal ,governments to enable the ,indian ,tribes-- 7,a7 to establish culturally and linguistically appropriate protocols1 activities1 and mechanisms for addressing issues relating to environmental justice2 and 7,b7 to carry out culturally and linguistically appropriate activities to reduce or eliminate disproportionately adverse human health or environmental effects on environmental justice communities in ,tribal and indigenous communities1 including reducing economic vulnerabilities that result in the ,tribal and indigenous communities being disproportionately affected4 7#b7 ,eligibility 7,a7 ,application ,to be eligible to receive a grant under paragraph 7#a71 a ,tribal ,government shall submit to the ,administrator an application at such time1 in such manner1 and containing such information as the ,administrator may require1 including-- 7i7 a plan that contains a description of the means by which the funds provided through a grant under paragraph 7#a7 will be used to address issues relating to environmental justice in ,tribal and indigenous communities2 and 7ii7 assurances that the funds provided through a grant under paragraph 7#a7 will be used only to supplement the amount of funds that the ,tribal ,government allocates for initiatives relating to environmental justice4 7,b7 ,ability to continue program ,to be eligible to receive a grant under paragraph 7#a71 a ,tribal ,government shall demonstrate to the ,administrator that the ,tribal ,government has the ability to continue each program that is the subject of funds provided through a grant under paragraph 7#a7 after receipt of the funds4 7#c7 ,report 7,a7 ,in general ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 the ,administrator shall submit to the ,committees on ,energy and ,commerce and ,natural ,resources of the ,house of ,representatives and the ,committees on ,environment and ,public ,works and ,energy and ,natural ,resources of the ,senate a report describing-- 7i7 the implementation of the grant program established under paragraph 7#a72 7ii7 the impact of the grant program on improving the ability of each participating ,indian ,tribe to address environmental justice issues2 and 7iii7 the activities carried out by each ,tribal ,government to reduce or eliminate disproportionately adverse human health or environmental effects on applicable environmental justice communities in ,tribal and indigenous communities4 7,b7 ,public availability ,the ,administrator shall make each report required under subparagraph 7,a7 available to the public 7including by posting a copy of the report on the website of the ,environmental ,protection ,agency74 7#d7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #be1jjj1jjj for each of fiscal years #bjbc through #bjbg4 7d7 ,community-,based participatory research grant program 7#a7 ,establishment ,the ,administrator1 in consultation with the ,director1 shall establish a program under which the ,administrator shall provide not more than #be multiyear grants to eligible entities to carry out community-based participatory research-- 7,a7 to address issues relating to environmental justice2 7,b7 to improve the environment of residents and workers in environmental justice communities2 and 7,c7 to improve the health outcomes of residents and workers in environmental justice communities4 7#b7 ,eligibility ,to be eligible to receive a multiyear grant under paragraph 7#a71 an eligible entity shall be a partnership comprised of-- 7,a7 an accredited institution of higher education2 and 7,b7 a community-based organization4 7#c7 ,application ,to be eligible to receive a multiyear grant under paragraph 7#a71 an eligible entity shall submit to the ,administrator an application at such time1 in such manner1 and containing such information as the ,administrator may require1 including-- 7,a7 a detailed description of the partnership of the eligible entity that1 as determined by the ,administrator1 demonstrates the participation of members of the community at which the eligible entity proposes to conduct the research2 and 7,b7 a description of-- 7i7 the project proposed by the eligible entity2 and 7ii7 the ways by which the project will-- 7,i7 address issues relating to environmental justice2 7,,ii7 assist in the improvement of health outcomes of residents and workers in environmental justice communities2 and 7,,iii7 assist in the improvement of the environment of residents and workers in environmental justice communities4 7#d7 ,public availability ,the ,administrator shall make the results of the grants available provided under this subsection to the public1 including by posting on the website of the ,environmental ,protection ,agency a copy of the grant awards and an annual report at the beginning of each fiscal year describing the research findings associated with each grant provided under this subsection4 7#e7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #aj1jjj1jjj for each of fiscal years #bjbc through #bjbg4 #djbag4 ,environmental justice basic training program 7a7 ,establishment ,the ,administrator shall establish a basic training program1 in coordination and consultation with nongovernmental environmental justice organizations1 to increase the capacity of residents of environmental justice communities to identify and address disproportionately adverse human health or environmental effects by providing culturally and linguistically appropriate-- 7#a7 training and education relating to-- 7,a7 basic and advanced techniques for the detection1 assessment1 and evaluation of the effects of hazardous substances on human health2 7,b7 methods to assess the risks to human health presented by hazardous substances2 7,c7 methods and technologies to detect hazardous substances in the environment2 7,d7 basic biological1 chemical1 and physical methods to reduce the quantity and toxicity of hazardous substances2 7,e7 the rights and safeguards currently afforded to individuals through policies and laws intended to help environmental justice communities address disparate impacts and discrimination1 including-- 7i7 environmental laws2 and 7ii7 section #fjb of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d-#a72 7,f7 public engagement opportunities through the policies and laws described in subparagraph 7,e72 7,g7 materials available on the ,clearinghouse2 7,h7 methods related to expanding access to parks and other natural and recreational amenities2 and 7,i7 finding and applying for ,federal grants related to environmental justice2 and 7#b7 short courses and continuation education programs for residents of communities who are located in close proximity to hazardous substances to provide-- 7,a7 education relating to-- 7i7 the proper manner to handle hazardous substances2 7ii7 the management of facilities at which hazardous substances are located 7including facility compliance protocols72 and 7iii7 the evaluation of the hazards that facilities described in clause 7ii7 pose to human health2 and 7,b7 training on environmental and occupational health and safety with respect to the public health and engineering aspects of hazardous waste control4 7b7 ,grant program 7#a7 ,establishment ,in carrying out the basic training program established under subsection 7a71 the ,administrator may provide grants to1 or enter into any contract or cooperative agreement with1 an eligible entity to carry out any training or educational activity described in subsection 7a74 7#b7 ,eligible entity ,to be eligible to receive assistance under paragraph 7#a71 an eligible entity shall be an accredited institution of education in partnership with-- 7,a7 a community-based organization that carries out activities relating to environmental justice2 7,b7 a generator of hazardous waste2 7,c7 any individual who is involved in the detection1 assessment1 evaluation1 or treatment of hazardous waste2 7,d7 any owner or operator of a facility at which hazardous substances are located2 or 7,e7 any ,state government1 ,tribal ,government1 or local government4 7c7 ,plan 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,administrator1 in consultation with the ,director1 shall develop and publish in the ,federal ,register a plan to carry out the basic training program established under subsection 7a74 7#b7 ,contents ,the plan described in paragraph 7#a7 shall contain-- 7,a7 a list that describes the relative priority of each activity described in subsection 7a72 and 7,b7 a description of research and training relevant to environmental justice issues of communities adversely affected by pollution4 7#c7 ,coordination with ,federal agencies ,the ,administrator shall1 to the maximum extent practicable1 take appropriate steps to coordinate the activities of the basic training program described in the plan with the activities of other ,federal agencies to avoid any duplication of effort4 7d7 ,report 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 and every #b years thereafter1 the ,administrator shall submit to the ,committees on ,energy and ,commerce and ,natural ,resources of the ,house of ,representatives and the ,committees on ,environment and ,public ,works and ,energy and ,natural ,resources of the ,senate a report describing-- 7,a7 the implementation of the basic training program established under subsection 7a72 and 7,b7 the impact of the basic training program on improving training opportunities for residents of environmental justice communities4 7#b7 ,public availability ,the ,administrator shall make the report required under paragraph 7#a7 available to the public 7including by posting a copy of the report on the website of the ,environmental ,protection ,agency74 7e7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #aj1jjj1jjj for each of fiscal years #bjbc through #bjbg4 #djbah4 ,national ,environmental ,justice ,advisory ,council 7a7 ,establishment ,the ,president shall establish an advisory council1 to be known as the ,national ,environmental ,justice ,advisory ,council4 7b7 ,membership ,the ,advisory ,council shall be comprised of #bf members who have knowledge of1 or experience relating to1 the effect of environmental conditions on communities of color1 low-income communities1 and ,tribal and indigenous communities1 including-- 7#a7 representatives of-- 7,a7 community-based organizations that carry out initiatives relating to environmental justice1 including grassroots organizations led by people of color2 7,b7 ,state governments1 ,tribal ,governments1 and local governments2 7,c7 ,indian ,tribes and other indigenous groups2 7,d7 nongovernmental and environmental organizations2 and 7,e7 private sector organizations 7including representatives of industries and businesses72 and 7#b7 experts in the fields of-- 7,a7 socioeconomic analysis2 7,b7 health and environmental effects2 7,c7 exposure evaluation2 7,d7 environmental law and civil rights law2 and 7,e7 environmental health science research4 7c7 ,subcommittees2 workgroups 7#a7 ,establishment ,the ,advisory ,council may establish any subcommittee or workgroup to assist the ,advisory ,council in carrying out any duty of the ,advisory ,council described in subsection 7d74 7#b7 ,report ,upon the request of the ,advisory ,council1 each subcommittee or workgroup established by the ,advisory ,council under paragraph 7#a7 shall submit to the ,advisory ,council a report that contains-- 7,a7 a description of each recommendation of the subcommittee or workgroup2 and 7,b7 any advice requested by the ,advisory ,council with respect to any duty of the ,advisory ,council4 7d7 ,duties ,the ,advisory ,council shall provide independent advice and recommendations to the ,environmental ,protection ,agency with respect to issues relating to environmental justice1 including advice-- 7#a7 to help develop1 facilitate1 and conduct reviews of the direction1 criteria1 scope1 and adequacy of the scientific research and demonstration projects of the ,environmental ,protection ,agency relating to environmental justice2 7#b7 to improve participation1 cooperation1 and communication with respect to such issues-- 7,a7 within the ,environmental ,protection ,agency2 7,b7 between the ,environmental ,protection ,agency and other entities2 and 7,c7 between1 and among1 the ,environmental ,protection ,agency and ,federal agencies1 ,state and local governments1 ,indian ,tribes1 environmental justice leaders1 interest groups1 and the public2 7#c7 requested by the ,administrator to help improve the response of the ,environmental ,protection ,agency in securing environmental justice for communities of color1 low-income communities1 and ,tribal and indigenous communities2 and 7#d7 on issues relating to-- 7,a7 the developmental framework of the ,environmental ,protection ,agency with respect to the integration by the ,environmental ,protection ,agency of socioeconomic programs into the strategic planning1 annual planning1 and management accountability of the ,environmental ,protection ,agency to achieve environmental justice results throughout the ,environmental ,protection ,agency2 7,b7 the measurement and evaluation of the progress1 quality1 and adequacy of the ,environmental ,protection ,agency in planning1 developing1 and implementing environmental justice strategies1 projects1 and programs2 7,c7 any existing and future information management systems1 technologies1 and data collection activities of the ,environmental ,protection ,agency 7including recommendations to conduct analyses that support and strengthen environmental justice programs in administrative and scientific areas72 7,d7 the administration of grant programs relating to environmental justice assistance2 and 7,e7 education1 training1 and other outreach activities conducted by the ,environmental ,protection ,agency relating to environmental justice4 7e7 ,meetings 7#a7 ,frequency 7,a7 ,in general ,subject to subparagraph 7,b71 the ,advisory ,council shall meet biannually4 7,b7 ,authority of ,administrator ,the ,administrator may require the ,advisory ,council to conduct additional meetings if the ,administrator determines that the conduct of any additional meetings are necessary4 7#b7 ,public participation 7,a7 ,in general ,subject to subparagraph 7,b71 each meeting of the ,advisory ,council shall be open to the public to provide the public an opportunity-- 7i7 to submit comments to the ,advisory ,council2 and 7ii7 to appear before the ,advisory ,council4 7,b7 ,authority of ,administrator ,the ,administrator may close any meeting1 or portion of any meeting1 to the public4 7f7 ,,faca ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall apply to the ,advisory ,council4 7g7 ,travel expenses ,the ,administrator may provide to any member of the ,advisory ,council travel expenses1 including per diem in lieu of subsistence1 at rates authorized for an employee of an agency under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from the home or regular place of business of the member in the performance of the duties of the ,advisory ,council4 #djbai4 ,environmental ,justice ,clearinghouse 7a7 ,establishment ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall establish a public internet-based clearinghouse1 to be known as the ,environmental ,justice ,clearinghouse4 7b7 ,contents ,the ,clearinghouse shall be comprised of culturally and linguistically appropriate materials related to environmental justice1 including-- 7#a7 information describing the activities conducted by the ,environmental ,protection ,agency to address issues relating to environmental justice2 7#b7 copies of training materials provided by the ,administrator to help individuals and employees understand and carry out environmental justice activities2 7#c7 links to web pages that describe environmental justice activities of other ,federal agencies2 7#d7 a directory of individuals who possess technical expertise in issues relating to environmental justice2 7#e7 a directory of nonprofit and community-based organizations1 including grassroots organizations led by people of color1 that address issues relating to environmental justice at the local1 ,state1 and ,federal levels 7with particular emphasis given to nonprofit and community-based organizations that possess the capability to provide advice or technical assistance to environmental justice communities72 and 7#f7 any other appropriate information as determined by the ,administrator1 including information on any resources available to help address the disproportionate burden of adverse human health or environmental effects on environmental justice communities4 7c7 ,consultation ,in developing the ,clearinghouse1 the ,administrator shall consult with individuals representing academic and community-based organizations who have expertise in issues relating to environmental justice4 7d7 ,annual review ,the ,advisory ,council shall-- 7#a7 conduct a review of the ,clearinghouse on an annual basis2 and 7#b7 recommend to the ,administrator any updates for the ,clearinghouse that the ,advisory ,council determines to be necessary for the effective operation of the ,clearinghouse4 #djbbj4 ,public meetings 7a7 ,in general ,not later than #b years after the date of enactment of this ,act1 and biennially thereafter1 the ,administrator shall hold public meetings on environmental justice issues in each region of the ,environmental ,protection ,agency to gather public input with respect to the implementation and updating of environmental justice strategies and efforts of the ,environmental ,protection ,agency4 7b7 ,outreach to environmental justice communities ,the ,administrator1 in advance of the meetings described in subsection 7a71 shall to the extent practicable hold multiple meetings in environmental justice communities in each region to provide meaningful community involvement opportunities4 7c7 ,notice ,notice for the meetings described in subsections 7a7 and 7b7 shall be provided-- 7#a7 to applicable representative entities or organizations present in the environmental justice community including-- 7,a7 local religious organizations2 7,b7 civic associations and organizations2 7,c7 business associations of people of color2 7,d7 environmental and environmental justice organizations2 7,e7 homeowners'1 tenants'1 and neighborhood watch groups2 7,f7 local and ,tribal ,governments2 7,g7 rural cooperatives2 7,h7 business and trade organizations2 7,i7 community and social service organizations2 7,j7 universities1 colleges1 and vocational schools2 7,k7 labor organizations2 7,l7 civil rights organizations2 7,m7 senior citizens' groups2 and 7,n7 public health agencies and clinics2 7#b7 through communication methods that are accessible in the applicable environmental justice community1 which may include electronic media1 newspapers1 radio1 and other media particularly targeted at communities of color1 low-income communities1 and ,tribal and indigenous communities2 and 7#c7 at least #cj days before any such meeting4 7d7 ,communication methods and requirements ,the ,administrator shall-- 7#a7 provide translations of any documents made available to the public pursuant to this section in any language spoken by more than #e percent of the population residing within the applicable environmental justice community1 and make available translation services for meetings upon request2 and 7#b7 not require members of the public to produce a form of identification or register their names1 provide other information1 complete a questionnaire1 or otherwise fulfill any condition precedent to attending a meeting1 but if an attendance list1 register1 questionnaire1 or other similar document is utilized during meetings1 it shall state clearly that the signing1 registering1 or completion of the document is voluntary4 7e7 ,required attendance of certain employees ,in holding a public meeting under subsection 7a71 the ,administrator shall ensure that at least #a employee of the ,environmental ,protection ,agency at the level of ,assistant ,administrator is present at the meeting to serve as a representative of the ,environmental ,protection ,agency4 #djbba4 ,environmental projects for environmental justice communities ,the ,administrator shall ensure that all environmental projects developed as part of a settlement relating to violations in an environmental justice community-- 7#a7 are developed through consultation with1 and with the meaningful participation of1 individuals in the affected environmental justice community2 and 7#b7 result in a quantifiable improvement to the health and well-being of individuals in the affected environmental justice community4 #djbbb4 ,grants to further achievement of ,tribal coastal zone objectives 7a7 ,grants authorized ,the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adea et seq47 is amended by adding at the end the following3 #cbj4 ,grants to further achievement of tribal coastal zone objectives 7a7 ,grants authorized ,the ,secretary may award competitive grants to ,indian ,tribes to further achievement of the objectives of such a ,tribe for its ,tribal coastal zone4 7b7 ,cost share 7#a7 ,in general ,the ,federal share of the cost of any activity carried out with a grant under this section shall be-- 7,a7 in the case of a grant of less than #bjj1jjj1 #ajj percent of such cost2 and 7,b7 in the case of a grant of #bjj1jjj or more1 #ie percent of such cost1 except as provided in paragraph 7#b74 7#b7 ,waiver ,the ,secretary may waive the application of paragraph 7#a77;,b7 with respect to a grant to an ,indian ,tribe1 or otherwise reduce the portion of the share of the cost of an activity required to be paid by an ,indian ,tribe under such paragraph1 if the ,secretary determines that the ,tribe does not have sufficient funds to pay such portion4 7c7 ,compatibility ,the ,secretary may not award a grant under this section unless the ,secretary determines that the activities to be carried out with the grant are compatible with this title and that the grantee has consulted with the affected coastal state regarding the grant objectives and purposes4 7d7 ,authorized objectives and purposes ,amounts awarded as a grant under this section shall be used for one or more of the objectives and purposes authorized under subsections 7b7 and 7c71 respectively1 of section #cjf;,a4 7e7 ,funding ,of amounts appropriated to carry out this ,act1 #e1jjj1jjj is authorized to carry out this section for each fiscal year4 7f7 ,definitions ,in this section3 7#a7 ,indian land ,the term ,indian land has the meaning that term has under section #bfja of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #ceja74 7#b7 ,tribal coastal zone ,the term ,tribal coastal zone means any ,indian land of an ,indian ,tribe that is within the coastal zone4 7#c7 ,tribal coastal zone objective ,the term ,tribal coastal zone objective means1 with respect to an ,indian ,tribe1 any of the following objectives3 7,a7 ,protection1 restoration1 or preservation of areas in the ,tribal coastal zone of such ,tribe that hold-- 7i7 important ecological1 cultural1 or sacred significance for such ,tribe2 or 7ii7 traditional1 historic1 and esthetic values essential to such ,tribe4 7,b7 ,preparing and implementing a special area management plan and technical planning for important coastal areas4 7,c7 ,any coastal or shoreline stabilization measure1 including any mitigation measure1 for the purpose of public safety1 public access1 or cultural or historical preservation4 4 7b7 ,guidance ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,commerce shall issue guidance for the program established under the amendment made by subsection 7a71 including the criteria for awarding grants under such program based on consultation with ,indian ,tribes 7as that term is defined in that amendment74 7c7 ,use of ,state grants ,to fulfill ,tribal objectives ,section #cjf;,a7c77#b7 of the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adee;a7c77#b77 is amended by striking and after the semicolon at the end of subparagraph 7,d71 by striking the period at the end of subparagraph 7,e7 and inserting 2 and1 and by adding at the end the following3 7,f7 fulfilling any ,tribal coastal zone objective 7as that term is defined in section #cbj74 4 7d7 ,other programs not affected ,nothing in this section shall be construed to affect the ability of an ,indian ,tribe to apply for1 receive assistance under1 or participate in any program authorized by the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adea et seq47 or other related ,federal laws4 #djbbc4 ,cosmetic labeling 7a7 ,in general ,chapter ,,vi of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cfa et seq47 is amended by adding at the end the following3 #fjd4 ,labeling 7a7 ,cosmetic products for professional use 7#a7 ,definition of professional ,with respect to cosmetics1 the term professional means an individual who-- 7,a7 is licensed by an official ,state authority to practice in the field of cosmetology1 nail care1 barbering1 or esthetics2 7,b7 has complied with all requirements set forth by the ,state for such licensing2 and 7,c7 has been granted a license by a ,state board or legal agency or legal authority4 7#b7 ,listing of ingredients ,cosmetic products used and sold by professionals shall list all ingredients and warnings1 as required for other cosmetic products under this chapter4 7#c7 ,professional use labeling ,in the case of a cosmetic product intended to be used only by a professional on account of a specific ingredient or increased concentration of an ingredient that requires safe handling by trained professionals1 the product shall bear a statement as follows3 ,to be ,administered ,only by ,licensed ,professionals4 7b7 ,display requirements ,a listing required under subsection 7a77#b7 and a statement required under subsection 7a77#c7 shall be prominently displayed-- 7#a7 in the primary language used on the label2 and 7#b7 in conspicuous and legible type in contrast by typography1 layout1 or color with other material printed or displayed on the label4 7c7 ,internet sales ,in the case of internet sales of cosmetics1 each internet website offering a cosmetic product for sale to consumers shall provide the same information that is included on the packaging of the cosmetic product as regularly available through in-person sales1 except information that is unique to a single cosmetic product sold in a retail facility1 such as a lot number or expiration date1 and the warnings and statements described in subsection 7b7 shall be prominently and conspicuously displayed on the website4 7d7 ,contact information ,the label on each cosmetic shall bear the domestic telephone number or electronic contact information1 and it is encouraged that the label include both the telephone number and electronic contact information1 that consumers may use to contact the responsible person with respect to adverse events4 ,the contact number shall provide a means for consumers to obtain additional information about ingredients in a cosmetic1 including the ability to ask if a specific ingredient may be present that is not listed on the label1 including whether a specific ingredient may be contained in the fragrance or flavor used in the cosmetic4 ,the manufacturer of the cosmetic is responsible for providing such information1 including obtaining the information from suppliers if it is not readily available4 ,suppliers are required to release such information upon request of the cosmetic manufacturer4 4 7b7 ,misbranding ,section #fjb of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cfb7 is amended by adding at the end the following3 7g7 ,if its labeling does not conform with a requirement under section #fjd4 4 7c7 ,effective date ,section #fjd of the ,federal ,food1 ,drug1 and ,cosmetic ,act1 as added by subsection 7a71 shall take effect on the date that is #a year after the date of enactment of this ,act4 #djbbd4 ,safer cosmetic alternatives for disproportionately impacted communities 7a7 ,in general ,the ,secretary of ,health and ,human ,services 7in this section referred to as the ,secretary71 acting through the ,commissioner of ,food and ,drugs1 shall award grants to eligible entities-- 7#a7 to support research focused on the design of safer alternatives to chemicals in cosmetics with inherent toxicity or associated with chronic adverse health effects2 or 7#b7 to provide educational awareness and community outreach efforts to educate the promote the use of safer alternatives in cosmetics4 7b7 ,eligible entities ,to be eligible to receive a grant under subsection 7a71 an entity shall-- 7#a7 be a public institution such as a university1 a not-for-profit research institution1 or a not-for-profit grassroots organization2 and 7#b7 not benefit from a financial relationship with a chemical or cosmetics manufacturer1 supplier1 or trade association4 7c7 ,priority ,in awarding grants under subsection 7a71 the ,secretary shall give priority to applicants proposing to focus on-- 7#a7 replacing chemicals in professional cosmetic products used by nail and hair and beauty salon workers with safer alternatives2 or 7#b7 replacing chemicals in cosmetic products marketed to women and girls of color1 including any such beauty1 personal hygiene1 and intimate care products1 with safer alternatives4 7d7 ,authorization of appropriations ,to carry out this section1 there are authorized to be appropriated such sums as may be necessary for fiscal years #bjbb through #bjbg4 #djbbe4 ,safer child care centers1 schools1 and homes for disproportionately impacted communities 7a7 ,in general ,the ,secretary of ,health and ,human ,services 7in this section referred to as the ,secretary71 acting through the ,commissioner of ,food and ,drugs1 in consultation with the ,administrator of the ,environmental ,protection ,agency1 shall award grants to eligible entities to support research focused on the design of safer alternatives to chemicals in consumer1 cleaning1 toy1 and baby products with inherent toxicity or that are associated with chronic adverse health effects4 7b7 ,eligible entities ,to be eligible to receive a grant under subsection 7a71 an entity shall-- 7#a7 be a public institution such as a university or a not-for-profit research institution2 and 7#b7 not benefit from a financial relationship with-- 7,a7 a chemical manufacturer1 supplier1 or trade association2 or 7,b7 a cleaning1 toy1 or baby product manufacturer1 supplier1 or trade association4 7c7 ,priority ,in awarding grants under subsection 7a71 the ,secretary shall give priority to applicants proposing to focus on replacing chemicals in cleaning1 toy1 or baby products used by childcare providers with safer alternatives4 7d7 ,authorization of appropriations ,to carry out this section1 there are authorized to be appropriated such sums as may be necessary for fiscal years #bjbb through #bjbg4 #djbbf4 ,certain menstrual products misbranded if labeling does not include ingredients 7a7 ,in general ,section #ejb of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #ceb7 is amended by adding at the end the following3 7ee7 ,if it is a menstrual product1 such as a menstrual cup1 a scented1 scented deodorized1 or unscented menstrual pad or tampon1 a therapeutic vaginal douche apparatus1 or an obstetrical and gynecological device described in section #hhd4edjj1 #hhd4edbe1 #hhd4edce1 #hhd4edfj1 #hhd4edgj1 or #hhd4eijj of title #ba1 ,code of ,federal ,regulations 7or any successor regulation71 unless its label or labeling lists the name of each ingredient or component of the product in order of the most predominant ingredient or component to the least predominant ingredient or component4 4 7b7 ,effective date ,the amendment made by subsection 7a7 applies with respect to products introduced or delivered for introduction into interstate commerce on or after the date that is one year after the date of the enactment of this ,act4 #djbbg4 ,support by ,national ,institute of ,environmental ,health ,sciences for research on health disparities impacting communities of color ,subpart #ab of part ,c of title ,,iv of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bhel et seq47 is amended by adding at the end the following new section3 #dfc;,c4 ,research on health disparities related to cosmetics impacting communities of color 7a7 ,in general ,the ,director of the ,institute shall award grants to eligible entities-- 7#a7 to expand support for basic1 epidemiological1 and social scientific investigations into-- 7,a7 the chemicals linked 7or with possible links7 to adverse health effects most commonly found in cosmetics marketed to women and girls of color1 including beauty1 personal hygiene1 and intimate care products2 7,b7 the marketing and sale of such cosmetics containing chemicals linked to adverse health effects to women and girls of color across their lifespans2 7,c7 the use of such cosmetics by women and girls of color across their lifespans2 or 7,d7 the chemicals linked to the adverse health effects most commonly found in products used by nail1 hair1 and beauty salon workers2 7#b7 to provide educational awareness and community outreach efforts to educate the promote the use of safer alternatives in cosmetics2 and 7#c7 to disseminate the results of any such research described in subparagraph 7,a7 or 7,b7 of paragraph 7#a7 7conducted by the grantee pursuant to this section or otherwise7 to help communities identify and address potentially unsafe chemical exposures in the use of cosmetics4 7b7 ,eligible entities ,to be eligible to receive a grant under subsection 7a71 an entity shall-- 7#a7 be a public institution such as a university1 a not-for-profit research institution1 or a not-for-profit grassroots organization2 and 7#b7 not benefit from a financial relationship with a chemical or cosmetics manufacturer1 supplier1 or trade association4 7c7 ,report ,not later than the end #a year after awarding grants under this section1 and each year thereafter1 the ,director of the ,institute shall issue for the public and submit to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate a report on the results of the investigations funded under subsection 7a71 including-- 7#a7 summary findings on-- 7,a7 marketing strategies1 product categories1 and specific cosmetics containing ingredients linked to adverse health effects2 and 7,b7 the demographics of the populations marketed to and using these cosmetics for personal and professional use2 and 7#b7 recommended public health information strategies to reduce potentially unsafe exposures to cosmetics4 7d7 ,authorization of appropriations ,to carry out this section1 there are authorized to be appropriated such sums as may be necessary for fiscal years #bjbb through #bjbg4 4 #djbbh4 ,revenues for just transition assistance 7a7 ,mineral leasing revenue ,the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aha et seq47 is amended-- 7#a7 in section #g1 by striking #ab and inserting #ah4ge2 7#b7 in section #ag-- 7,a7 by striking #ab4e each place such term appears and inserting #ah4ge2 and 7,b7 by striking #ab each place such term appears and inserting #ah4ge2 7#c7 in section #ca7;e71 by striking #afb_/c each place such term appears and inserting #be2 7#d7 in section #ag1 by striking ,lease sales shall be held for each ,state where eligible lands are available at least quarterly and more frequently if the ,secretary of the ,interior determines such sales are necessary4 and inserting ,lease sales may be held in each ,state no more than once each year42 and 7#e7 in section #ce-- 7,a7 by striking ,all and inserting 7#a7 ,all2 and 7,b7 by adding at the end the following3 7#b7 ,notwithstanding paragraph 7#a71 any funds collected as a result of the amendments made by section #djbbh7;a7 of the ,environmental ,justice ,for ,all ,act shall be distributed consistent with the manner provided in section #djbbh7;d7 of such ,act4 4 7b7 ,conservation of resources fees ,there is established a ,conservation of ,resources ,fee of #d per acre per year on producing ,federal onshore and offshore oil and gas leases4 7c7 ,speculative leasing fees ,the fee for speculative leasing for ,federal oil and gas nonproducing leases on- and off-shore shall be #f per acre per year4 7d7 ,deposit 7#a7 ,all funds collected pursuant to subsections 7b7 and 7c7 shall be deposited in the ,federal ,energy ,transition ,economic ,development ,assistance ,fund established in section #djbbi2 7#b7 #ej percent of funds collected as a result of the amendments made by this section shall be deposited in the ,federal ,energy ,transition ,economic ,development ,assistance ,fund established in section #djbbi2 and 7#c7 #ej percent of funds collected as a result of the amendments made by this section shall be returned to the ,states where production occurred4 7e7 ,adjustment for inflation ,the ,secretary shall1 by regulation at least once every four years1 adjust each fee created by this section to reflect any change in the ,consumer ,price ,index 7all items1 ,united ,states city average7 as prepared by the ,department of ,labor4 7f7 ,definitions ,for the purposes of this section3 7#a7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#b7 ,nonproducing lease ,the term nonproducing lease means any lease where oil or natural gas is produced for less than #ij days in a calendar year4 #djbbi4 ,economic revitalization for fossil fuel dependent communities 7a7 ,purpose ,the purpose of this section is to promote economic revitalization1 diversification1 and development in communities that depend on fossil fuel mining1 extraction1 or refining for a significant amount of economic opportunities1 or where a significant proportion of the population is employed at electric generating stations that use fossil fuels as the predominant fuel supply4 7b7 ,establishment of ,federal ,energy ,transition ,economic ,development ,assistance ,fund ,there is established in the ,treasury of the ,united ,states a fund1 to be known as the ,federal ,energy ,transition ,economic ,development ,assistance ,fund4 ,such fund consists of amounts deposited under section #djbbh4 7c7 ,distribution of funds ,of the amounts deposited into the ,fund-- 7#a7 #ce percent shall be distributed by the ,secretary to ,states in which extraction of fossil fuels occurs on public lands1 based on a formula reflecting existing production and extraction in each such ,state2 7#b7 #ce percent shall be distributed by the ,secretary to ,states based on a formula reflecting the quantity of fossil fuels historically produced and extracted in each such ,state on public lands before the date of enactment of this ,act2 and 7#c7 #cj percent shall be allocated to a competitive grant program pursuant to subsection 7e74 7d7 ,use of ,funds 7#a7 ,in general ,funds distributed by the ,secretary to ,states under paragraphs 7#a7 and 7#b7 of subsection 7c7 may be used for-- 7,a7 environmental remediation of lands and waters impacted by the full life-cycle of fossil fuel extraction and mining2 7,b7 building partnerships to attract and invest in the economic future of historically fossil-fuel dependent communities2 7,c7 increasing capacity and other technical assistance fostering long-term economic growth and opportunity in historically fossil-fuel dependent communities2 7,d7 guaranteeing pensions1 healthcare1 and retirement security and providing a bridge of wage support until a displaced worker either finds new employment or reaches retirement2 7,e7 severance payments for displaced workers2 7,f7 carbon sequestration projects in natural systems on public lands2 or 7,g7 expanding broadband access and broadband infrastructure4 7#b7 ,priority to fossil fuel workers ,in distributing funds under paragraph 7#a71 the ,secretary shall place a priority on displaced assisting workers dislocated from fossil fuel mining and extraction industries4 7e7 ,competitive grant program 7#a7 ,in general ,the ,secretary shall establish a competitive grant program to provide funds to eligible entities for the purposes described in paragraph 7#c74 7#b7 ,eligible entities ,for the purposes of this subsection1 the term eligible entities means local1 ,state1 and ,tribal governments1 development districts 7as such term is defined in section #chb;,e of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #bjji;aa-#d771 nonprofits1 labor unions1 economic development agencies1 and institutions of higher education1 including community colleges4 7#c7 ,eligible use of funds ,the ,secretary may award grants from amounts in the ,fund for the purposes listed in subsection 7d7 and for-- 7,a7 existing job retraining and apprenticeship programs for displaced workers or for programs designed to promote economic development in communities affected by a downturn in fossil fuel extraction and mining2 7,b7 developing projects that diversify local and regional economies1 create jobs in new or existing non-fossil fuel industries1 attract new sources of job-creating investment1 and provide a range of workforce services and skills training2 7,c7 internship programs in a field related to clean energy2 and 7,d7 the development and support of a clean energy-- 7i7 certificate program at a labor organization2 or 7ii7 a major or minor program at an institution of higher education1 as such term is defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 7f7 ,just transition advisory committee 7#a7 ,establishment ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall establish an advisory committee to be known as the ,just ,transition ,advisory ,committee4 7#b7 ,chair ,the ,president shall appoint a ,chair of the ,advisory ,committee4 7#c7 ,duties ,the ,advisory ,committee shall-- 7,a7 advise1 assist1 and support the ,secretary in the management and allocation of funds available under subsection 7c7 and in the establishment and administration of the ,competitive ,grant ,program under subsection 7e72 and 7,b7 develop procedures to ensure that ,states and applicants eligible to participate in the ,competitive ,grant ,program established pursuant to subsection 7e7 are notified of availability of ,federal funds pursuant to this subtitle4 7#d7 ,membership ,the total membership of the ,advisory ,committee shall not exceed #bj members and the ,advisory ,committee shall be composed of the following members appointed by the ,chair3 7,a7 ,a representative of the ,assistant ,secretary of ,commerce for ,economic ,development4 7,b7 ,a representative of the ,secretary of ,labor4 7,c7 ,a representative of the ,under ,secretary for ,rural ,development4 7,d7 ,two individuals with professional economic development or workforce retraining experience4 7,e7 ,an equal number of representatives from each of the following3 7i7 ,labor unions4 7ii7 ,nonprofit environmental organizations4 7iii7 ,environmental justice organizations4 7iv7 ,fossil fuel transition communities4 7v7 ,public interest groups4 7vi7 ,tribal and indigenous communities4 7#e7 ,termination ,the ,just ,transition ,advisory ,committee shall not terminate except by an ,act of ,congress4 7g7 ,limit on ,use of ,funds 7#a7 ,administrative costs ,not more than #g percent of the amounts in the ,fund may be used for administrative costs incurred in implementing this subtitle4 7#b7 ,limitation on funds to a single entity ,not more than #e percent of the amounts in the ,fund may be awarded to a single eligible entity4 7#c7 ,calendar year limitation ,at least #ae percent of the amount in the ,fund must be spent in each calendar year4 7h7 ,use of ,american iron1 steel1 and manufactured goods ,none of the funds appropriated or otherwise made available by this subtitle may be used for a project for the construction1 alteration1 maintenance1 or repair of a public building or public work unless all of the iron1 steel1 and manufactured goods used in the project are produced in the ,united ,states unless such manufactured good is not produced in the ,united ,states4 7i7 ,submission to ,congress ,the ,secretary shall submit to the ,committees on ,appropriations and ,energy and ,natural ,resources of the ,senate and to the ,committees on ,appropriations and ,natural ,resources in the ,house of ,representatives1 with the annual budget submission of the ,president1 a list of projects1 including a description of each project1 that received funding under this section in the previous calendar year4 7j7 ,definitions ,for the purposes of this section3 7#a7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#b7 ,advisory committee ,the term ,advisory ,committee means the ,just ,transition ,advisory ,committee established by this section4 7#c7 ,public land ,the term public land means any land and interest in land owned by the ,united ,states within the several ,states and administered by the ,secretary of the ,interior or the ,chief of the ,united ,states ,forest ,service1 without regard to how the ,united ,states acquired ownership1 including lands located on the ,outer ,continental ,shelf but excluding lands held in trust for an ,indian or ,indian ,tribe4 7#d7 ,fossil fuel ,the term fossil fuel means coal1 petroleum1 natural gas1 tar sands1 oil shale1 or any derivative of coal1 petroleum1 or natural gas4 7#e7 ,displaced worker ,the term displaced worker means an individual who1 due to efforts to reduce net emissions from public lands or as a result of a downturn in fossil fuel mining1 extraction1 or production1 has suffered a reduction in employment or economic opportunities4 7#f7 ,fossil fuel transition communities ,the term fossil fuel transition communities means a community-- 7,a7 that has been adversely affected economically by a recent reduction in fossil fuel mining1 extraction1 or production related activity1 as demonstrated by employment data1 per capita income1 or other indicators of economic distress2 7,b7 that has historically relied on fossil fuel mining1 extraction1 or production related activity for a substantial portion of its economy2 or 7,c7 in which the economic contribution of fossil fuel mining1 extraction or production related activity has significantly declined4 7#g7 ,fossil fuel dependent communities ,the term fossil fuel dependent communities means a community-- 7,a7 that depends on fossil fuel mining1 and extraction1 or refining for a significant amount of economic opportunities2 or 7,b7 where a significant proportion of the population is employed at electric generating stations that use fossil fuels as the predominant fuel supply4 #djbcj4 ,evaluation by ,comptroller ,general of the ,united ,states ,not later than #b years after the date of enactment of this ,act1 and biennially thereafter1 the ,comptroller ,general of the ,united ,states shall submit to the ,committees on ,energy and ,commerce and ,natural ,resources of the ,house of ,representatives1 and the ,committees on ,environment and ,public ,works and ,energy and ,natural ,resources of the ,senate1 a report that contains an evaluation of the effectiveness of each activity carried out under this subtitle and the amendments made by this subtitle4 ,c ,low-,income ,solar ,energy #djcja4 ,short title ,this subtitle may be cited as the ,low-,income ,solar ,energy ,act4 #djcjb4 ,definitions ,in this subtitle1 the term low-income1 used with respect to a household1 means a household that is eligible for a payment under the ,low-,income ,home ,energy ,assistance ,act of #aiha 7#db ,u4,s4,c4 #hfba et seq471 in accordance with-- 7#a7 section #bfje7;b77#b7 of such ,act 7#db ,u4,s4,c4 #hfbd7;b772 and 7#b7 ,state eligibility guidelines 7consistent with such ,act7 for that payment4 #djcjc4 ,low-income home energy assistance 7a7 ,authorization of appropriations ,section #bfjb of the ,low-,income ,home ,energy ,assistance ,act of #aiha 7#db ,u4,s4,c4 #hfba7 is amended-- 7#a7 in the first sentence of subsection 7b71 by striking #bfjg;,a71 and all that follows and inserting #bfjg;,a71 #f1jge1jjj1jjj for fiscal year #bjbb and each subsequent fiscal year42 and 7#b7 in subsection 7e71 by striking 7e7 of and inserting 7f7 of4 7b7 ,reservation of funds ,section #bfjd of the ,low-,income ,home ,energy ,assistance ,act of #aiha 7#db ,u4,s4,c4 #hfbc7 is amended-- 7#a7 by redesignating subsection 7e7 as subsection 7f72 and 7#b7 by inserting after subsection 7d7 the following3 7e7 7#a7 ,of the funds available to a ,state under subsection 7a71 a territory under subsection 7b71 or a tribal organization or other entity under subsection 7d71 up to #be percent may be reserved by the ,state1 territory1 or organization or entity1 for solar projects for covered housing4 7#b7 ,the ,secretary shall expand the program funded under section #bfjb7;b7 to include such solar projects1 and for purposes of this title shall consider-- 7,a7 the funds used for such projects to be assistance for home energy costs2 and 7,b7 the projects to be activities that provide assistance for home energy costs1 rather than to residential weatherization or other energy-related home repair4 7#c7 ,in determining whether to award1 under that program1 funding that includes a portion for a solar project to a ,state1 territory1 or tribal organization or entity1 the ,secretary shall use the application and request processes specified in this title1 with such adjustments as the ,secretary may specify in regulations4 7#d7 ,the ,secretary shall issue regulations and guidance for ,states1 territories1 and tribal organizations and entities1 that receive funds under subsection 7a71 7b71 or 7d7 7referred to individually in this subsection as a covered recipient71 to-- 7,a7 define the solar projects that may be funded through the reserved funds described in paragraph 7#a72 7,b7 specify the circumstances and process under which a covered recipient1 with an arrangement with a particular type of local agency or organization to distribute assistance for home energy costs1 may instead enter into an arrangement with a different local agency or organization with expertise in solar projects1 for such projects2 and 7,c7 specify how a covered recipient may distribute such funds in a manner that usefully finances the work of solar project developers and solar panel installers for such projects4 7#e7 ,not later than #f months after the date of enactment of the ,low-,income ,solar ,energy ,act1 the ,secretary shall-- 7,a7 evaluate whether community solar projects could be administered through the program carried out under this title2 and 7,b7 prepare and submit to ,congress a report containing the evaluation4 7#f7 ,in this section1 the term covered housing means federally assisted housing as defined in section #fhc of the ,housing and ,community ,development ,act of #aiib 7#db ,u4,s4,c4 #acfda71 and housing occupied by a low-income household1 as defined in section #djcjb of the ,low-,income ,solar ,energy ,act4 4 7c7 ,use of funds ,section #bfje7;b77#a77;,a7 of the ,low-,income ,home ,energy ,assistance ,act of #aiha 7#db ,u4,s4,c4 #hfbd7;b77#a77;,a77 is amended by inserting 1 including the costs of solar projects for covered housing as defined in section #bfjd7;e7 after home energy costs4 7d7 ,conforming amendment ,section #bfji of the ,low-,income ,home ,energy ,assistance ,act of #aiha 7#db ,u4,s4,c4 #hfbh7 is amended by inserting 1 including solar projects for covered housing or community solar projects under section #bfjd7;e7 after home repairs4 #djcjd4 ,solar financing and workforce training 7a7 ,definitions ,in this section3 7#a7 ,community solar project ,the term community solar project means a project for the renewable generation of energy through solar power that has multiple subscribers that receive benefits on utility bills that are directly attributable to the project4 7#b7 ,community solar subscription ,the term community solar subscription means ownership of a financial share in a community solar project that serves multiple consumers4 7#c7 ,eligible entity ,the term eligible entity means a developer or installer of solar equipment4 7#d7 ,eligible household ,the term eligible household means a household that includes an eligible individual as defined in section #cb7;c77#a7 of the ,internal ,revenue ,code of #aihf for purposes of the credit under section #cb of that ,code4 7#e7 ,interconnection ,the term interconnection has the meaning given the term in section #aaa7;d77#ae7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfba7;d77#ae774 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7b7 ,solar financing program 7#a7 ,in general ,the ,secretary shall establish a solar financing program under which the ,secretary shall offer a variety of financing mechanisms1 including grants1 loans1 loan guarantees1 and interest buy-downs1 to support the deployment of solar projects for eligible households1 in accordance with this subsection4 7#b7 ,grants 7,a7 ,in general ,under the program established under paragraph 7#a71 the ,secretary shall award grants to eligible entities for deploying residential solar projects or community solar projects-- 7i7 that benefit eligible households2 and 7ii7 in which the tariff1 net metering1 bill credit1 or other valuation of solar energy generation1 or the sale of that solar generation by a third party1 enables a savings-to-investment ratio of at least #a3a for an eligible entity over a period of not more than #aj years4 7,b7 ,use of funds ,an eligible entity that receives a grant under the program established under paragraph 7#a7 shall use the grant only to pay for-- 7i7 the cost and installation of solar equipment in buildings in which the dwelling units of eligible households are located1 including the cost of materials1 labor1 and permitting2 7ii7 repairs or upgrades to the buildings described in clause 7i7 that may be needed to ensure that solar equipment is installed in a safe manner2 and 7iii7 the cost of a community solar subscription4 7#c7 ,solar housing loans 7,a7 ,in general ,under the program established under paragraph 7#a71 the ,secretary shall provide loans at zero percent interest-- 7i7 to owners of buildings-- 7,i7 that receive assistance under section #h7o7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7o772 or 7,,ii7 with respect to which a credit is allowable under section #db of the ,internal ,revenue ,code of #aihf for the taxable year in which the loan is provided2 and 7ii7 for the purpose of-- 7,i7 installing solar equipment that benefits the dwelling unit of a tenant2 7,,ii7 if necessary for the installation of solar equipment under subclause 7,i71 making any upgrade to the building in which the dwelling unit is located2 and 7,,iii7 covering the cost of a community solar subscription4 7,b7 ,savings 7i7 ,in general ,an owner of a building receiving a loan under this subsection shall-- 7,i7 reduce the rent that each tenant described in clause 7ii7 is required to pay by an amount that is proportional to the savings obtained through any solar upgrades described in subparagraph 7,a72 and 7,,ii7 enter into an affordability agreement with the ,secretary to ensure that the rent of the tenant remains affordable for the duration of the tenancy4 7ii7 ,tenant described ,a tenant referred to in clause 7i7 is a tenant that is in a low-income household and occupying a dwelling unit in the building1 which dwelling unit is affected by a solar upgrade described in subparagraph 7,a74 7,c7 ,guidance2 regulation ,the ,secretary shall-- 7i7 publish guidance on what constitutes a benefit to the dwelling unit of a tenant under subparagraph 7,a77ii77,i72 and 7ii7 promulgate a regulation on the manner in which a community solar subscription under subparagraph 7,a77ii77,,iii7 shall be managed4 7c7 ,community solar projects ,the ,secretary shall establish a program under which the ,secretary shall make grants for community solar projects-- 7#a7 to be used for costs associated with interconnection of the community solar project1 including application fees1 interconnection fees1 engineering reviews1 and other associated costs incurred during the interconnection process2 7#b7 to be used for costs associated with upgrades to a distribution system1 if the distribution system requires service or new equipment to accommodate the installation of the community solar project2 and 7#c7 led by nonprofit organizations to support the implementation of the projects for low-income households4 7d7 ,minority and woman-,owned businesses ,the ,secretary shall1 to the maximum extent practicable1 contract with minority or women-owned businesses for the deployment of solar projects that are financed pursuant to this section4 7e7 ,solar workforce program 7#a7 ,definitions ,in this subsection3 7,a7 ,eligible participant ,the term eligible participant means an individual who is a member of an underrepresented group1 including-- 7i7 an individual who is a religious1 racial1 or ethnic minority2 7ii7 a woman2 7iii7 a veteran2 7iv7 an individual with a disability2 7v7 an unemployed energy worker2 7vi7 an energy worker employed by a fossil fuel industry who is being transitioned away from that industry because of a ,state renewable program or ,federal program1 as determined by the ,secretary2 7vii7 a socioeconomically disadvantaged individual2 and 7viii7 a formerly incarcerated individual4 7,b7 ,local workforce development board2 ,state workforce development board ,the terms local workforce development board and ,state workforce development board have the meanings given the terms local board and ,state board1 respectively1 in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 7,c7 ,program partner ,the term program partner means-- 7i7 a business2 7ii7 an employer or industry association2 7iii7 a labor management organization2 7iv7 a local workforce development board or ,state workforce development board2 7v7 a #b- or #d-year institution of higher education that offers an educational program leading to an associate's or bachelor's degree in conjunction with a certificate of completion of an apprenticeship or other training program2 7vi7 the ,armed ,forces 7including the ,national ,guard and the ,army ,reserve72 7vii7 a nonprofit organization2 7viii7 a community-based organization2 and 7ix7 an economic development agency4 7#b7 ,establishment ,the ,secretary shall establish a solar workforce program to assist eligible participants in pursuing careers in the solar energy industry1 including as-- 7,a7 solar photovoltaic system installers2 7,b7 solar technicians2 7,c7 electrical system inspectors2 and 7,d7 other professionals in the solar industry1 as determined by the ,secretary4 7#c7 ,courses ,in carrying out the program established under paragraph 7#b71 the ,secretary shall create courses or seek to administer existing courses that provide-- 7,a7 job training1 including through internships and work-based training in accordance with paragraph 7#d72 7,b7 employment skills training2 and 7,c7 comprehensive support services that-- 7i7 enhance the training experience and promote the professional development of participants2 and 7ii7 help participants transition into the workforce4 7#d7 ,course partners ,to the maximum extent practicable1 the ,secretary shall partner with program partners to provide internships and work-based training as part of the job training offered under paragraph 7#c77;,a74 7#e7 ,exam requirement ,as a requirement for completing a course under paragraph 7#c71 the ,secretary shall require each participant in the course to earn an applicable industry-recognized entry-level certificate or other credential1 as determined by the ,secretary4 7f7 ,guarantee of loans for acquisition of property ,section #ajh of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecjh7 is amended by striking or 7#f7 and inserting 7#f7 the installation of solar energy equipment2 or 7#g74 7g7 ,power purchase agreements for public housing agencies ,section #f of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;d7 is amended by adding at the end the following3 7u7 ,power purchase agreements 7#a7 ,in general ,each contract for contributions for a public housing agency shall provide that the agency may enter into third-party power purchase agreements with third-party providers for a period of not more than #bj years1 in addition to a #b-year option period1 for the installation of solar energy equipment in public housing projects4 7#b7 ,utilities ,with respect to tenant-paid utilities1 any solar rate savings from a power purchase agreement that may result in rebates to a family shall not be used in the calculation of lower utility allowances for the family that results in an increase in the rent paid by the family4 4 7h7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section and the amendments made by this section #bdj1jjj1jjj for each of fiscal years #bjbb through #bjbf4 #djcje4 ,rulemaking relating to utility allowances 7a7 ,definitions ,in this section1 the term covered housing means-- 7#a7 public housing1 as defined in section #c7;b7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;a7b772 and 7#b7 tenant-based assistance provided under section #h7o7 of such ,act 7#db ,u4,s4,c4 #adcg;f7o774 7b7 ,rulemaking ,the ,secretary of ,housing and ,urban ,development shall promulgate regulations to provide that1 with respect to covered housing1 any solar rate savings for a dwelling unit that is associated with this subtitle or an amendment made by this subtitle shall not be used in the calculation of lower utility allowances for a family that results in an increase in the rent paid by the family4 ,d ,climate ,action ,planning for ,ports #djdja4 ,short title ,this subtitle may be cited as the ,climate ,action ,planning for ,ports ,act of #bjbj4 #djdjb4 ,grants to reduce greenhouse gas emissions at ports 7a7 ,grants ,the ,administrator of the ,environmental ,protection ,agency may award grants to eligible entities-- 7#a7 to implement plans to reduce greenhouse gas emissions at one or more ports or port facilities within the jurisdictions of the respective eligible entities2 and 7#b7 to develop climate action plans described in subsection 7b77#b74 7b7 ,application 7#a7 ,in general ,to seek a grant under this section1 an eligible entity shall submit an application to the ,administrator of the ,environmental ,protection ,agency at such time1 in such manner1 and containing such information and assurances as the ,administrator may require4 7#b7 ,climate action plan ,at a minimum1 each such application shall contain-- 7,a7 a detailed and strategic plan1 to be known as a climate action plan1 that outlines how the eligible entity will develop and implement climate change mitigation or adaptation measures through the grant2 or 7,b7 a request pursuant to subsection 7a77#b7 for funding for the development of a climate action plan4 7#c7 ,required components ,a climate action plan under paragraph 7#b7 shall demonstrate that the measures proposed to be implemented through the grant-- 7,a7 will reduce greenhouse gas emissions at the port or port facilities involved pursuant to greenhouse gas emission reduction goals set forth in the climate action plan2 7,b7 will reduce other air pollutants at the port or port facilities involved pursuant to criteria pollutant emission reduction goals set forth in the climate action plan2 7,c7 will implement emissions accounting and inventory practices to determine baseline emissions and measure progress2 and 7,d7 will ensure labor protections for workers employed directly at the port or port facilities involved1 including by-- 7i7 demonstrating that implementation of the measures proposed to be implemented through the grant will not result in a net loss of jobs at the port or port facilities involved2 7ii7 ensuring that laborers and mechanics employed by contractors and subcontractors on construction projects to implement the plan will be paid wages not less than those prevailing on similar construction in the locality1 as determined by the ,secretary of ,labor under sections #cada through #cadd1 #cadf1 and #cadg of title #dj1 ,united ,states ,code2 and 7iii7 requiring any projects initiated to carry out the plan with total capital costs of #a1jjj1jjj or greater to utilize a project labor agreement and not impact any preexisting project labor agreement4 7#d7 ,other components ,in addition to the components required by paragraph 7#c71 a climate action plan under paragraph 7#b7 shall demonstrate that the measures proposed to be implemented through the grant will do at least two of the following3 7,a7 ,improve energy efficiency at a port or port facility1 including by using-- 7i7 energy-efficient vehicles1 such as hybrid1 low-emission1 or zero-emission vehicles2 7ii7 energy efficient cargo-handling1 harbor vessels1 or storage facilities such as energy-efficient refrigeration equipment2 7iii7 energy-efficient lighting2 7iv7 shore power2 or 7v7 other energy efficiency improvements4 7,b7 ,deploy technology or processes that reduce idling of vehicles at a port or port facility4 7,c7 ,reduce the direct emissions of greenhouse gases and other air pollutants with a goal of achieving zero emissions1 including by replacing and retrofitting equipment 7including vehicles onsite1 cargo-handling equipment1 or harbor vessels7 at a port or port facility4 7#e7 ,prohibited use ,an eligible entity may not use a grant provided under this section-- 7,a7 to purchase fully automated cargo handling equipment2 7,b7 to build1 or plan to build1 terminal infrastructure that is designed for fully automated cargo handling equipment2 7,c7 to purchase1 test1 or develop highly automated trucks1 chassis1 or any related equipment that can be used to transport containerized freight2 or 7,d7 to extend to any independent contractor1 independent owner1 operator1 or other entity that is not using employees for the sake of performing work on terminal grounds4 7#f7 ,coordination with stakeholders ,in developing a climate action plan under paragraph 7#b71 an eligible entity shall-- 7,a7 identify and collaborate with stakeholders who may be affected by the plan1 including local environmental justice communities and other near-port communities2 7,b7 address the potential cumulative effects of the plan on stakeholders when those effects may have a community-level impact2 and 7,c7 ensure effective advance communication with stakeholders to avoid and minimize conflicts4 7c7 ,priority ,in awarding grants under this section1 the ,administrator of the ,environmental ,protection ,agency shall give priority to applicants proposing-- 7#a7 to strive for zero emissions as a key strategy within the grantee's climate action plan under paragraph 7#b72 7#b7 to take a regional approach to reducing greenhouse gas emissions at ports2 7#c7 to collaborate with near-port communities to identify and implement mutual solutions to reduce air pollutants at ports or port facilities affecting such communities1 with emphasis given to implementation of such solutions in near-port communities that are environmental justice communities2 7#d7 to implement activities with off-site benefits1 such as by reducing air pollutants from vehicles1 equipment1 and vessels at sites other than the port or port facilities involved2 and 7#e7 to reduce localized health risk pursuant to health risk reduction goals that are set within the grantee's climate action plan under paragraph 7#b74 7d7 ,model methodologies ,the ,administrator of the ,environmental ,protection ,agency shall-- 7#a7 develop model methodologies which grantees under this section may choose to use for emissions accounting and inventory practices referred to in subsection 7b77#c77;,c72 and 7#b7 ensure that such methodologies are designed to measure progress in reducing air pollution at near-port communities4 7e7 ,definitions ,in this section3 7#a7 ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,the term cargo-handling equipment includes-- 7,a7 ship-to-shore container cranes and other cranes2 7,b7 container-handling equipment2 and 7,c7 equipment for moving or handling cargo1 including trucks1 reachstackers1 toploaders1 and forklifts4 7#c7 ,the term eligible entity means-- 7,a7 a port authority2 7,b7 a ,state1 regional1 local1 or ,tribal agency that has jurisdiction over a port authority or a port2 7,c7 an air pollution control district2 or 7,d7 a private entity 7including any nonprofit organization7 that-- 7i7 applies for a grant under this section in collaboration with an entity described in subparagraph 7,a71 7,b71 or 7,c72 and 7ii7 owns1 operates1 or uses a port facility1 cargo equipment1 transportation equipment1 related technology1 or a warehouse facility at a port or port facility4 7#d7 ,the term environmental justice community means a community with significant representation of communities of color1 low-income communities1 or ,tribal and indigenous communities1 that experiences1 or is at risk of experiencing1 higher or more adverse human health or environmental effects4 7#e7 ,the term harbor vessel includes a ship1 boat1 lighter1 or maritime vessel designed for service at and around harbors and ports4 7#f7 ,the term inland port means a logistics or distribution hub that is located inland from navigable waters1 where cargo1 such as break-bulk cargo or cargo in shipping containers1 is processed1 stored1 and transferred between trucks1 rail cars1 or aircraft4 7#g7 ,the term port includes an inland port4 7#h7 ,the term stakeholder-- 7#i7 ,the term stakeholder means residents1 community groups1 businesses1 business owners1 labor unions1 commission members1 or groups from which a near-port community draws its resources that-- 7,a7 have interest in the climate action plan of a grantee under this section2 or 7,b7 can affect or be affected by the objectives and policies of such a climate action plan4 7f7 ,authorization of appropriations 7#a7 ,in general ,to carry out this subtitle1 there is authorized to be appropriated #bej1jjj1jjj for each of fiscal years #bjbb through #bjbf4 7#b7 ,development of climate action plans ,in addition to the authorization of appropriations in paragraph 7#a71 there is authorized to be appropriated for grants pursuant to subsection 7a77#b7 to develop climate action plans #ej1jjj1jjj for fiscal year #bjbc1 to remain available until expended4 ,e ,open ,back ,better #djeja4 ,short title ,this subtitle may be cited as the ,open ,back ,better ,act of #bjbj4 #djejb4 ,facilities energy resiliency 7a7 ,definitions ,in this section3 7#a7 ,covered project ,the term covered project means a building project at an eligible facility that-- 7,a7 increases-- 7i7 resiliency1 including-- 7,i7 public health and safety2 7,,ii7 power outages2 7,,iii7 natural disasters2 7,,iv7 indoor air quality2 and 7,v7 any modifications necessitated by the ,,covid-#ai pandemic2 7ii7 energy efficiency2 7iii7 renewable energy2 and 7iv7 grid integration2 and 7,b7 may have combined heat and power and energy storage as project components4 7#b7 ,early childhood education program ,the term early childhood education program has the meaning given the term in section #ajc of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjc74 7#c7 ,elementary school ,the term elementary school has the meaning given the term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#d7 ,eligible facility ,the term eligible facility means a public facility1 as determined by the ,secretary1 including-- 7,a7 a public school1 including an elementary school and a secondary school2 7,b7 a facility used to operate an early childhood education program2 7,c7 a local educational agency2 7,d7 a medical facility2 7,e7 a local or ,state government building2 7,f7 a community facility2 7,g7 a public safety facility2 7,h7 a day care center2 7,i7 an institution of higher education2 7,j7 a public library2 and 7,k7 a wastewater treatment facility4 7#e7 ,environmental justice community ,the term environmental justice community means a community with significant representation of communities of color1 low income communities1 or ,tribal and indigenous communities1 that experiences1 or is at risk of experiencing1 higher or more adverse human health or environmental effects4 7#f7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 7#g7 ,local educational agency ,the term local educational agency has the meaning given the term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#h7 ,low income ,the term low income1 with respect to a household1 means an annual household income equal to1 or less than1 the greater of-- 7,a7 #hj percent of the median income of the area in which the household is located1 as reported by the ,department of ,housing and ,urban ,development2 and 7,b7 #bjj percent of the ,federal poverty line4 7#i7 ,low income community ,the term low income community means a census block group in which not less than #cj percent of households are low income4 7#aj7 ,secondary school ,the term secondary school has the meaning given the term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#aa7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#ab7 ,state ,the term ,state has the meaning given the term in section #c of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbjb74 7#ac7 ,state ,energy ,program ,the term ,state ,energy ,program means the ,state ,energy ,program established under part ,d of title ,,iii of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcba et seq474 7#ad7 ,tribal organization 7,a7 ,in general ,the term tribal organization has the meaning given the term in section #cgfe of title #ch1 ,united ,states ,code4 7,b7 ,technical amendment ,section #cgfe7d7 of title #ch1 ,united ,states ,code1 is amended by striking section #d7l7 of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b7l77 and inserting section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7b7 ,state programs 7#a7 ,establishment ,not later than #fj days after the date of enactment of this ,act1 the ,secretary shall distribute grants to ,states under the ,state ,energy ,program1 in accordance with the allocation formula established under that ,program1 to implement covered projects4 7#b7 ,use of funds 7,a7 ,in general ,subject to subparagraph 7,b71 grant funds under paragraph 7#a7 may be used for technical assistance1 project facilitation1 and administration4 7,b7 ,technical assistance ,a ,state may use not more than #aj percent of grant funds received under paragraph 7#a7 to provide technical assistance for the development1 facilitation1 management1 oversight1 and measurement of results of covered projects implemented using those funds4 7,c7 ,environmental justice and other communities ,to support communities adversely impacted by the ,,covid-#ai pandemic1 a ,state shall use not less than #dj percent of grant funds received under paragraph 7#a7 to implement covered projects in environmental justice communities or low income communities4 7,d7 ,private financing ,a ,state receiving a grant under paragraph 7#a7 shall-- 7i7 to the extent practicable1 leverage private financing for cost-effective energy efficiency1 renewable energy1 resiliency1 and other smart-building improvements1 such as by entering into an energy service performance contract2 but 7ii7 maintain the use of grant funds to carry out covered projects with more project resiliency1 public health1 and capital-intensive efficiency and emission reduction components than are typically available through private energy service performance contracts4 7,e7 ,guidance ,in carrying out a covered project using grant funds received under paragraph 7#a71 a ,state shall1 to the extent practicable1 adhere to guidance developed by the ,secretary pursuant to the ,american ,recovery and ,reinvestment ,act of #bjji 7,public ,law #aaa-e2 #abc ,stat4 #aae7 relating to distribution of funds1 if that guidance will speed the distribution of funds under this subsection4 7#c7 ,no matching requirement ,notwithstanding any other provision of law1 a ,state receiving a grant under paragraph 7#a7 shall not be required to provide any amount of matching funding4 7#d7 ,report ,not later than #a year after the date on which grants are distributed under paragraph 7#a71 and each year thereafter until the funds appropriated under paragraph 7#e7 are no longer available1 the ,secretary shall submit a report on the use of those funds 7including in the communities described in paragraph 7#b77;,c77 to-- 7,a7 the ,subcommittee on ,energy and ,water ,development of the ,committee on ,appropriations of the ,senate2 7,b7 the ,subcommittee on ,energy and ,water ,development and ,related ,agencies of the ,committee on ,appropriations of the ,house of ,representatives2 7,c7 the ,committee on ,energy and ,natural ,resources of the ,senate2 and 7,d7 the ,committee on ,energy and ,commerce of the ,house of ,representatives4 7#e7 ,funding ,in addition to any amounts made available to the ,secretary to carry out the ,state ,energy ,program1 there is appropriated to the ,secretary1 out of funds in the ,treasury not otherwise appropriated1 #ah1jjj1jjj1jjj to carry out this subsection1 to remain available until ,september #cj1 #bjbg4 7#f7 ,supplement1 not supplant ,funds made available under paragraph 7#e7 shall supplement1 not supplant1 any other funds made available to ,states for the ,state ,energy ,program or the weatherization assistance program established under part ,a of title ,,iv of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfa et seq474 7c7 ,federal ,energy ,management ,program 7#a7 ,in general ,not later than #fj days after the date of enactment of this ,act1 the ,secretary shall use the funds appropriated under paragraph 7#d7 to provide grants under the ,,affect program under the ,federal ,energy ,management ,program of the ,department of ,energy to implement covered projects4 7#b7 ,private financing ,a recipient of a grant under paragraph 7#a7 shall-- 7,a7 to the extent practicable1 leverage private financing for cost-effective energy efficiency1 renewable energy1 resiliency1 and other smart-building improvements1 such as by entering into an energy service performance contract2 but 7,b7 maintain the use of grant funds to carry out covered projects with more project resiliency1 public health1 and capital-intensive efficiency and emission reduction components than are typically available through private energy service performance contracts4 7#c7 ,report ,not later than #a year after the date on which grants are distributed under paragraph 7#a71 and each year thereafter until the funds appropriated under paragraph 7#d7 are no longer available1 the ,secretary shall submit a report on the use of those funds to-- 7,a7 the ,subcommittee on ,energy and ,water ,development of the ,committee on ,appropriations of the ,senate2 7,b7 the ,subcommittee on ,energy and ,water ,development and ,related ,agencies of the ,committee on ,appropriations of the ,house of ,representatives2 7,c7 the ,committee on ,energy and ,natural ,resources of the ,senate2 and 7,d7 the ,committee on ,energy and ,commerce of the ,house of ,representatives4 7#d7 ,funding ,in addition to any amounts made available to the ,secretary to carry out the ,,affect program described in paragraph 7#a71 there is appropriated to the ,secretary1 out of funds in the ,treasury not otherwise appropriated1 #ejj1jjj1jjj to carry out this subsection1 to remain available until ,september #cj1 #bjbg4 7d7 ,tribal organizations 7#a7 ,in general ,not later than #fj days after the date of enactment of this ,act1 the ,secretary1 acting through the head of the ,office of ,indian ,energy1 shall distribute funds made available under paragraph 7#c7 to tribal organizations to implement covered projects4 7#b7 ,report ,not later than #a year after the date on which funds are distributed under paragraph 7#a71 and each year thereafter until the funds made available under paragraph 7#c7 are no longer available1 the ,secretary shall submit a report on the use of those funds to-- 7,a7 the ,subcommittee on ,energy and ,water ,development of the ,committee on ,appropriations of the ,senate2 7,b7 the ,subcommittee on ,energy and ,water ,development and ,related ,agencies of the ,committee on ,appropriations of the ,house of ,representatives2 7,c7 the ,committee on ,energy and ,natural ,resources of the ,senate2 and 7,d7 the ,committee on ,energy and ,commerce of the ,house of ,representatives4 7#c7 ,funding ,there is appropriated to the ,secretary1 out of funds in the ,treasury not otherwise appropriated1 #a1ejj1jjj1jjj to carry out this subsection1 to remain available until ,september #cj1 #bjbg4 7e7 ,use of ,american iron1 steel1 and manufactured goods 7#a7 ,in general ,except as provided in paragraph 7#b71 none of the funds made available by or pursuant to this section may be used for a covered project unless all of the iron1 steel1 and manufactured goods used in the project are produced in the ,united ,states4 7#b7 ,exceptions ,the requirement under paragraph 7#a7 shall be waived by the head of the relevant ,federal department or agency in any case or category of cases in which the head of the relevant ,federal department or agency determines that-- 7,a7 adhering to that requirement would be inconsistent with the public interest2 7,b7 the iron1 steel1 and manufactured goods needed for the project are not produced in the ,united ,states-- 7i7 in sufficient and reasonably available quantities2 and 7ii7 in a satisfactory quality2 or 7,c7 the inclusion of iron1 steel1 and relevant manufactured goods produced in the ,united ,states would increase the overall cost of the project by more than #be percent4 7#c7 ,waiver publication ,if the head of a ,federal department or agency makes a determination under paragraph 7#b7 to waive the requirement under paragraph 7#a71 the head of the ,federal department or agency shall publish in the ,federal ,register a detailed justification for the waiver4 7#d7 ,international agreements ,this subsection shall be applied in a manner consistent with the obligations of the ,united ,states under all applicable international agreements4 7f7 ,wage rate requirements 7#a7 ,in general ,notwithstanding any other provision of law1 all laborers and mechanics employed by contractors and subcontractors on projects funded directly or assisted in whole or in part by the ,federal ,government pursuant to this section shall be paid wages at rates not less than those prevailing on projects of a similar character in the locality1 as determined by the ,secretary of ,labor in accordance with subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code 7commonly known as the ,davis-,bacon ,act74 7#b7 ,authority ,with respect to the labor standards specified in paragraph 7#a71 the ,secretary of ,labor shall have the authority and functions set forth in ,reorganization ,plan ,numbered #ad of #aiej 7#fd ,stat4 #abfg2 #e ,u4,s4,c4 ,app47 and section #cade of title #dj1 ,united ,states ,code4 #djejc4 ,personnel 7a7 ,in general ,to carry out section #djejb1 the ,secretary shall hire within the ,department of ,energy-- 7#a7 not less than #cjj full-time employees in the ,office of ,energy ,efficiency and ,renewable ,energy2 7#b7 not less than #ajj full-time employees1 to be distributed among-- 7,a7 the ,office of ,general ,counsel2 7,b7 the ,office of ,procurement ,policy2 7,c7 the ,golden ,field ,office2 7,d7 the ,national ,energy ,technology ,laboratory2 and 7,e7 the ,office of the ,inspector ,general2 and 7#c7 not less than #bj full-time employees in the ,office of ,indian ,energy4 7b7 ,timeline ,not later than #fj days after the date of enactment of this ,act1 the ,secretary shall-- 7#a7 hire all personnel under subsection 7a72 or 7#b7 certify that the ,secretary is unable to hire all personnel by the date required under this subsection4 7c7 ,contract hires 7#a7 ,in general ,if the ,secretary makes a certification under subsection 7b77#b71 the ,secretary may hire on a contract basis not more than #ej percent of the personnel required to be hired under subsection 7a74 7#b7 ,duration ,an individual hired on a contract basis under paragraph 7#a7 shall have an employment term of not more than #a year4 7d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #hd1jjj1jjj for each of fiscal years #bjbb through #bjca4 7e7 ,report ,not later than #fj days after the date of enactment of this ,act1 and annually thereafter for #b years1 the ,secretary shall submit a report on progress made in carrying out subsection 7a7 to-- 7#a7 the ,subcommittee on ,energy and ,water ,development of the ,committee on ,appropriations of the ,senate2 7#b7 the ,subcommittee on ,energy and ,water ,development and ,related ,agencies of the ,committee on ,appropriations of the ,house of ,representatives2 7#c7 the ,committee on ,energy and ,natural ,resources of the ,senate2 and 7#d7 the ,committee on ,energy and ,commerce of the ,house of ,representatives4 ,f ,supporting the teaching of climate change in schools #djfja4 ,findings ,congress finds the following3 7#a7 ,more than #hj percent of parents in the ,united ,states support the teaching of climate change4 7#b7 #hf percent of teachers in the ,united ,states feel that climate change should be taught in schools4 7#c7 #ag percent of teachers say they either do not have materials to teach climate change or they do not know enough about the subject to teach it4 7#d7 ,climate change is not a partisan or political issue4 7#e7 ,there is a broad consensus among climate scientists that the human activities contributing to increases in greenhouse gas emissions are the dominant cause of climate change4 7#f7 ,to meaningfully act upon our changing climate and changed world1 young people need education about its causes1 consequences1 anticipated future impacts1 and possible solutions4 7#g7 ,climate change is a social justice1 racial justice1 and human rights issue4 7#h7 ,according to the ,national ,center for ,science ,education1 #cg ,states and the ,district of ,columbia recognize human-caused climate change in their science education standards4 7#i7 ,the ,national ,science ,teaching ,association1 the ,national ,association of ,geoscience ,teachers1 the ,national ,association of ,biology ,teachers1 and other professional organizations have called for greater support for science educators in teaching climate science and climate change4 7#aj7 ,in #bjae1 the ,california ,state ,,pta declared climate change a children's issue4 7#aa7 ,in #bjai1 the ,california ,association of ,school ,psychologists declared climate change a potential threat to the psychological and social development of children4 7#ab7 ,climate change is threatening students' communities with intensifying natural disasters1 increasing temperatures1 rising sea levels1 and other extreme weather threats4 7#ac7 ,climate change disproportionately affects students of color and students in poverty1 thereby exacerbating existing inequalities and limiting equality of opportunity4 7#ad7 ,children represent a particularly vulnerable group because greenhouse gases emitted into the atmosphere will continue to accumulate over the coming decades and cause negative health outcomes4 7#ae7 ,children are more vulnerable to the effects of criteria air pollutants emitted during the burning of fossil fuels4 7#af7 ,americans must unify behind addressing climate change for the good of this generation and all subsequent generations4 7#ag7 ,school districts should explore district-wide sustainability initiatives to educate students and reduce their carbon footprint4 7#ah7 ,teaching climate change in schools will help students understand the human impact of climate change4 7#ai7 ,teaching climate change in schools will help students understand that life on ,earth depends on1 is shaped by1 and affects our climate4 7#bj7 ,teaching climate change will help students develop energy literacy and may stimulate interest in ,,stem careers4 7#ba7 ,teaching climate change will have consequences for ,earth1 human lives1 and ecosystems around the world4 7#bb7 ,when students engage in a climate change curriculum1 they can develop a greater sense of efficacy with respect to their capacity to address critical social and environmental issues4 7#bc7 ,the global impact of climate change and the urgency and magnitude of the challenge of addressing climate change will eventually fall on current students4 #djfjb4 ,sense of ,congress ,the ,congress-- 7#a7 supports teaching climate change in public and private schools at all grade levels2 7#b7 encourages the ,federal ,government1 ,states1 localities1 nonprofit organizations1 schools1 and community organizations to teach climate change in appropriate programs and activities1 with the goal of increasing public knowledge on the impacts that humans have on the climate2 and 7#c7 encourages school districts to provide robust resources to teachers and students so they can learn about climate change in a safe and open learning environment4 ,g ,women and ,climate ,change #djgja4 ,short title2 table of contents 7a7 ,short title ,this subtitle may be cited as the ,women and ,climate ,change ,act of #bjbj4 7b7 ,table of contents ,the table of contents for this subtitle is as follows3 ,sec4 #djgja4 ,short title2 table of contents4 ,sec4 #djgjb4 ,findings4 ,sec4 #djgjc4 ,definitions4 ,sec4 #djgjd4 ,statement of policy4 ,part #a--,strategies1 ,policies1 and ,programs ,sec4 #djgaa4 ,federal ,interagency ,working ,group on ,women and ,climate ,change4 ,sec4 #djgab4 ,development and implementation of strategy and policies to prevent and respond to the effects of climate change on women globally4 ,part #b--,oversight and ,accountability ,sec4 #djgba4 ,senior ,coordinator for ,women and ,climate ,change4 ,sec4 #djgbb4 ,briefing and report4 #djgjb4 ,findings ,congress makes the following findings3 7#a7 ,women in the ,united ,states and around the world are the linchpin of families and communities and are often the first to feel the immediate and adverse effects of social1 environmental1 and economic stresses on their families and communities4 7#b7 ,the ,united ,nations has recognized1 as one of the central organizing principles for its work1 that no enduring solution to society's most threatening social1 economic and political problems can be found without the full participation1 and the full empowerment1 of the world's women4 7#c7 ,the ,united ,nations ,development ,programme #bjac ,human ,development ,report has found that the number of people living in extreme poverty could increase by up to #c1jjj1jjj1jjj by #bjej unless environmental disasters are averted by coordinated global action4 7#d7 ,climate change is already forcing the most vulnerable communities and populations in developing countries to face unprecedented climate stress1 including water scarcity and drought1 as well as severe weather events and floods1 which can lead to reduced agricultural productivity1 food insecurity1 and increased disease4 7#e7 ,climate change exacerbates issues of scarcity and lack of accessibility to primary natural resources1 forest resources1 and arable land for food production1 thereby contributing to increased conflict and instability1 as well as the workload and stresses on women farmers1 who are estimated to produce #fj to #hj percent of the food in most developing countries4 7#f7 ,women will disproportionately face harmful impacts from climate change1 particularly in poor and developing nations where women regularly assume increased responsibility for growing the family's food and collecting water1 fuel1 and other resources4 7#g7 ,epidemics1 such as malaria and zika1 are expected to worsen and spread due to variations in climate1 putting women 7especially pregnant mothers and women who hope to become pregnant7 and children without access to prevention and medical services at risk4 7#h7 ,the direct and indirect effects of climate change have a disproportionate impact on marginalized women1 such as environmental refugees and displaced persons1 migrants1 religious1 racial1 or ethnic minorities1 adolescent girls1 lesbian and trans women1 women living in poverty1 and women and girls with disabilities and those who are living with ,,hiv4 7#i7 ,conflict has a disproportionate impact on the most vulnerable communities and populations1 including women1 and is fueled in the poorest regions of the world by harsher climates1 leading to migration1 refugee crises1 and conflicts over scarce natural resources1 including land and water4 7#aj7 ,displaced1 refugee1 and stateless women and girls face extreme violence and threats1 including-- 7,a7 being forced to exchange sex for food and humanitarian supplies2 7,b7 being at increased risk of rape1 sexual exploitation1 and abuse2 and 7,c7 being at increased risk for ,,hiv1 sexually transmitted infections 7,s,t,is71 unplanned pregnancy1 and poor reproductive health4 7#aa7 ,it is predicted that climate change will lead to increasing frequency and intensity of extreme weather conditions1 precipitating the occurrence of natural disasters around the globe4 7#ab7 ,the relocation and death of women1 and especially mothers1 as a result of climate-related disasters often has devastating impacts on social support networks1 family ties1 and the coping capacity of families and communities4 7#ac7 ,the ability of women to adapt to climate change is constrained by a lack of economic freedoms1 property and inheritance rights1 and access to financial resources1 education1 family planning and reproductive health1 and new tools1 equipment1 and technology4 7#ad7 ,despite having a unique capacity and knowledge to promote and provide for adaptation to climate change1 women often have insufficient resources to undertake such adaptation4 7#ae7 ,women are shown to have a multiplier effect because women use their income and resources1 when given the necessary tools1 to increase the well-being of their children and families1 and thus play a critical role in reducing food insecurity1 poverty1 and socioeconomic effects of climate change4 7#af7 ,women are often underrepresented in the development and formulation of policy regarding mitigation and adaptation to climate change1 even though women are often in the best position to provide and consult on adaptive strategies4 #djgjc4 ,definitions ,in this subtitle3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,relations and the ,committee on ,appropriations of the ,senate2 and 7,b7 the ,committee on ,foreign ,affairs and the ,committee on ,appropriations of the ,house of ,representatives4 7#b7 ,climate change ,the term climate change means a change of climate that is attributed directly or indirectly to-- 7,a7 human activity2 and 7,b7 altering the composition of the global atmosphere4 7#c7 ,developing country ,the term developing country means a country classified by the ,world ,bank as having a low-income or lower-middle-income economy4 7#d7 ,disparate impact ,the term disparate impact refers to the historical and ongoing impacts of the pattern and practice of discrimination in employment1 education1 housing1 banking1 health1 and nearly every other aspect of life in the economy1 society1 or culture that have an adverse impact on minorities1 women1 or other protected groups1 regardless of whether such practices were motivated by discriminatory intent4 7#e7 ,environmental disasters ,the term environmental disasters means specific events caused by human activity that result in seriously negative effects on the environment4 7#f7 ,environmental refugees ,the term environmental refugees means people displaced because of environmental causes1 notably land loss and degradation1 and natural disasters1 who have left their community or country of origin4 7#g7 ,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 #ej percent of the poverty line as established by the individual country at issue1 or below #a4ij per day as determined by the ,world ,bank4 7#h7 ,extreme weather ,the term extreme weather means unexpected1 unusual1 unpredictable1 severe1 or unseasonal weather that is at the extremes of the historical distribution range that has been seen in the past4 7#i7 ,federal agency ,the term ,federal agency means any executive department1 ,government corporation1 ,government-controlled corporation1 or other establishment in the executive branch of the ,government 7including the ,executive ,office of the ,president71 or any independent regulatory agency4 7#aj7 ,food insecurity ,the term food insecurity means a lack of consistent access to food4 7#aa7 ,most vulnerable communities and populations ,the term most vulnerable communities and populations means communities and populations1 including women1 impoverished communities1 adolescent girls1 people with disabilities1 indigenous peoples1 refugees1 displaced persons1 migrants1 religious1 racial1 or ethnic minorities1 lesbian and trans women1 women living in poverty1 women and girls with disabilities1 and those who are living with ,,hiv1 who are at risk of substantial adverse impacts of climate change and have limited capacity to respond to such impacts4 7#ab7 ,poverty ,the term poverty means an income level and living standard insufficient to meet basic needs4 #djgjd4 ,statement of policy ,it is the policy of the ,united ,states1 in partnership with affected countries1 donor country governments1 international financial institutions1 international nongovernmental organizations1 multilateral organizations1 and civil society groups1 especially those led by women1 to combat the leading causes of climate change1 mitigate the effects of climate change on women and girls1 and elevate the participation of women in policy1 program1 and community decision-making processes with respect to climate change1 by-- 7#a7 establishing the ,federal ,interagency ,working ,group on ,women and ,climate ,change1 the mission of which is to prevent and respond to the effects of climate change on women globally2 and 7#b7 implementing a coordinated1 integrated1 evidence-based1 and comprehensive strategy on women and climate change throughout ,united ,states policies in the future4 #a ,strategies1 ,policies1 and ,programs #djgaa4 ,federal ,interagency ,working ,group on ,women and ,climate ,change 7a7 ,establishment ,there is established in the ,department of ,state a ,federal ,interagency ,working ,group on ,women and ,climate ,change 7in this subtitle referred to as the ,working ,group74 7b7 ,chairperson ,the ,senior ,coordinator for ,women and ,climate ,change designated pursuant to section #djgba shall serve as the chairperson of the ,working ,group4 7c7 ,membership 7#a7 ,in general ,the ,working ,group shall be composed of one senior-level representative from each of the ,federal agencies described in paragraph 7#b71 as selected by the head of the respective agency from the senior ranks of that agency4 7#b7 ,agencies ,the agencies described in this paragraph are the following3 7,a7 ,the ,department of ,state1 including-- 7i7 the ,office of ,global ,women's ,issues2 7ii7 the ,office of ,civil ,rights2 7iii7 the ,bureau of ,oceans and ,international ,environmental and ,scientific ,affairs2 7iv7 the ,bureau of ,population1 ,refugees1 and ,migration2 7v7 the ,bureau of ,democracy1 ,human ,rights1 and ,labor2 and 7vi7 the ,bureau of ,international ,organization ,affairs4 7,b7 ,the ,united ,states ,agency for ,international ,development4 7,c7 ,the ,centers for ,disease ,control and ,prevention4 7,d7 ,the ,environmental ,protection ,agency4 7,e7 ,the ,national ,oceanic and ,atmospheric ,administration4 7,f7 ,the ,national ,institutes of ,health4 7,g7 ,the ,national ,science ,foundation4 7,h7 ,the ,council on ,environmental ,quality4 7,i7 ,such other agencies as may be designated by the ,senior ,coordinator for ,women and ,climate ,change4 7d7 ,functions ,the ,working ,group shall-- 7#a7 coordinate and integrate the development of all policies and activities of the ,federal ,government across all agencies relating to-- 7,a7 combating the effects of climate change on women in the national and international sphere2 and 7,b7 improving the response and strategy of the ,federal ,government to fight climate change for the security of the ,united ,states and the international community2 7#b7 allow each member of the ,working ,group to act as a representative for the ,working ,group within the ,federal department or agency of such member to facilitate implementation of the ,working ,group policies within such department or agency2 7#c7 ensure that all relevant ,federal departments or agencies comply with appropriate guidelines1 policies1 and directives from the ,working ,group1 the ,department of ,state1 and other ,federal departments or agencies with responsibilities relating to climate change2 7#d7 ensure that ,federal departments or agencies1 ,state governments1 and relevant congressional committees1 in consultation with nongovernmental organizations and policy experts in the field and ,state and local government officials who administer or direct policy for programs relating to climate change and women-- 7,a7 have access to1 receive1 and appropriately disseminate best practices in the administration of such programs2 7,b7 have adequate resources to maximize the public awareness of such programs2 7,c7 increase the reach of such programs2 7,d7 share relevant data2 and 7,e7 issue relevant guidance2 and 7#e7 identify and disseminate best practices for improved collection on the part of each ,federal department or agency of data relevant to the disparate impact of climate change on women1 including in-- 7,a7 unpaid care work2 7,b7 community advocacy1 activism1 and representation2 7,c7 women's and girls' access to education2 7,d7 access to comprehensive health care1 including reproductive health and rights2 7,e7 desertification and food insecurity2 7,f7 community infrastructure1 multilevel ,government adaptability1 and climate resilience2 7,g7 climate and weather-related crisis response1 including safety from gender-based violence2 and 7,h7 women's involvement and leadership in the development of frameworks and policies for climate resilience4 7e7 ,consultation ,the ,working ,group may consult and obtain recommendations from such independent nongovernmental policy experts1 ,state and local government officials1 independent groups and organizations1 or other groups or organizations as the ,senior ,coordinator for ,women and ,climate ,change determines will assist in carrying out the mission of the ,working ,group4 7f7 ,frequency of meetings ,the ,working ,group shall-- 7#a7 meet not less frequently than once each quarter to discuss and develop policies1 projects1 and programs2 and 7#b7 meet with the ,senior ,coordinator for ,women and ,climate ,change not less frequently than once each month to report on and discuss implementation of such policies1 projects1 and programs4 #djgab4 ,development and implementation of strategy and policies to prevent and respond to the effects of climate change on women globally 7a7 ,initial strategy required ,not later than #ahj days after the date of the enactment of this ,act1 the ,senior ,coordinator for ,women and ,climate ,change and the ,ambassador-at-,large for the ,office of ,global ,women's ,issues of the ,department of ,state1 in consultation with the ,working ,group1 shall develop and submit to the appropriate congressional committees a ,united ,states ,national and ,international ,strategy to prevent and respond to the effects of climate change on women4 7b7 ,contents ,the strategy submitted under subsection 7a7 shall include-- 7#a7 recognizing the disparate impacts of climate change on women and the efforts of women globally to address climate change2 7#b7 taking effective action-- 7,a7 to prevent and respond to climate change and mitigate the effects of climate change on women around the world2 and 7,b7 to promote gender equality1 economic growth1 public health1 racial justice1 and human rights2 7#c7 implementing the ,united ,nations ,sustainable ,development ,goals listed in subsection 7f71 through and beyond #bjcj1 as part of the strategy to prevent and respond to the effects of climate change on women globally2 7#d7 implementing balanced gender participation to avoid reinforcing binary roles1 especially among individuals from the communities most impacted1 in climate change adaptation and mitigation efforts1 including in governance and diplomatic positions within the ,united ,states ,government2 7#e7 working at the local1 national1 and international levels1 including with individuals1 families1 and communities1 to prevent and respond to the effects of climate change on women2 7#f7 systematically integrating and coordinating efforts to prevent and respond to the effects of climate change on women internationally into ,united ,states foreign policy and foreign assistance programs2 7#g7 investing in research on climate change through appropriate ,federal departments or agencies and funding of university and independent research groups on the various causes and effects of climate change2 7#h7 developing and implementing gender-sensitive frameworks in policies to address climate change that account for the specific impacts of climate change on women2 7#i7 developing policies to support women who are particularly vulnerable to the impacts of climate change to prepare for1 build their resilience to1 and adapt to such impacts1 including a commitment to increase education and training opportunities for women to develop local resilience plans to address the effects of climate change2 7#aj7 developing and investing in programs for the education and empowerment of women and girls in the ,united ,states and across the global community1 including to gather information on how climate change is affecting their lives and for guidance on the needs of their families and communities in the face of climate change1 in coordination with the diplomatic missions of other countries2 7#aa7 consulting with representatives of civil society1 including nongovernmental organizations1 community and faith-based organizations1 multilateral organizations1 local and international civil society groups1 and local climate change organizations and their beneficiaries1 that have demonstrated experience in preventing and responding to the effects of climate change on women2 7#ab7 supporting and building local capacity in developing countries1 including with respect to governments at all levels and nongovernmental organizations 7especially women-led71 to prevent and respond to the effects of climate change on women2 7#ac7 developing programs to empower women in communities to have a voice in the planning1 design1 implementation1 and evaluation of strategies to address climate change so that their roles and resources are taken into account2 7#ad7 including women in economic development planning1 policies1 and practices that directly improve conditions that result from climate change2 7#ae7 integrating a gender approach in all policies and programs in the ,united ,states that are globally related to climate change2 and 7#af7 ensuring that such policies and programs support women globally to prepare for1 build resilience for1 and adapt to1 climate change4 7c7 ,updates ,the ,senior ,coordinator for ,women and ,climate ,change shall-- 7#a7 consult with the ,working ,group to collect information and feedback2 and 7#b7 update the strategy and programs to prevent and respond to the effects of climate change on women globally1 as the ,senior ,coordinator for ,women and ,climate ,change considers appropriate4 7d7 ,implementation plan and budget required ,not later than #fj days after the date of the submittal of the strategy under subsection 7a71 the ,senior ,coordinator for ,women and ,climate ,change shall submit to the appropriate congressional committees an implementation plan and budget for the strategy4 7e7 ,assistance and consultation ,the ,senior ,coordinator for ,women and ,climate ,change shall assist and provide consultation to the ,secretary of ,state in preventing and responding to the effects of climate change on women globally4 7f7 ,united ,nations ,sustainable ,development ,goals through and beyond #bjcj ,the ,united ,nations ,sustainable ,development ,goals listed in this subsection are the following3 7#a7 ,ending poverty in all its forms everywhere4 7#b7 ,ending hunger1 achieving food security and improved nutrition1 and promoting sustainable agriculture4 7#c7 ,ensuring healthy lives and promoting well-being for all and at all ages4 7#d7 ,ensuring inclusive1 equitable1 and quality education and promoting lifelong learning opportunities for all4 7#e7 ,achieving gender equality and empowering all women and girls4 7#f7 ,ensuring the availability and sustainable management of water and sanitation for all4 7#g7 ,ensuring access to affordable1 reliable1 sustainable1 and modern energy for all4 7#h7 ,promoting sustained1 inclusive1 and sustainable economic growth1 full and productive employment1 and decent work for all4 7#i7 ,building resilient infrastructure1 promoting inclusive and sustainable industrialization1 and fostering innovation4 7#aj7 ,reducing inequality within and among countries4 7#aa7 ,making cities and human settlements inclusive1 safe1 resilient1 and sustainable4 7#ab7 ,ensuring sustainable consumption and production patterns4 7#ac7 ,taking urgent action to combat climate change and its impacts4 7#ad7 ,conserving and sustainably using the oceans1 seas1 and marine resources for sustainable development4 7#ae7 ,protecting1 restoring1 and promoting sustainable use of terrestrial ecosystems1 sustainably managing forests1 combating desertification1 and halting and reversing land degradation and biodiversity loss4 7#af7 ,promoting peaceful and inclusive societies for sustainable development1 providing access to justice for all1 and building effective1 accountable and inclusive institutions at all levels4 7#ag7 ,strengthening the means of policy implementation and revitalizing the global partnership for sustainable development4 #b ,oversight and ,accountability #djgba4 ,senior ,coordinator for ,women and ,climate ,change 7a7 ,establishment ,the ,ambassador-at-,large of the ,office of ,global ,women's ,issues of the ,department of ,state shall designate an individual to serve as a ,senior ,advisor1 or equivalent role1 who shall serve concurrently as the ,senior ,coordinator for ,women and ,climate ,change4 7b7 ,duties ,the ,senior ,coordinator for ,women and ,climate ,change shall-- 7#a7 direct the activities1 policies1 programs1 and funding of the ,department of ,state relating to the effects of climate change on women1 including with respect to efforts to prevent and respond to those effects2 7#b7 advise the ,secretary of ,state1 the relevant heads of other ,federal departments and independent agencies1 and other entities within the ,executive ,office of the ,president1 regarding the establishment of-- 7,a7 policies1 goals1 objectives1 and priorities for addressing and combating the effects of climate change on women2 and 7,b7 mechanisms to improve the effectiveness1 coordination1 impact1 and outcomes of programs relating to addressing and combating the effects of climate change on women1 in coordination with experts in the field1 nongovernmental organizations1 and foreign governments2 and 7#c7 identify and assist in the resolution of any disputes that arise between ,federal agencies relating to policies and programs to address and combat the effects of climate change on women or other matters within the responsibility of the ,office of ,global ,women's ,issues4 7c7 ,reporting ,the ,senior ,coordinator for ,women and ,climate ,change shall report to the ,ambassador-at-,large for the ,office of ,global ,women's ,issues and the ,secretary of ,state4 #djgbb4 ,briefing and report ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter1 the ,ambassador-at-,large and the ,senior ,coordinator for ,women and ,climate ,change shall jointly-- 7#a7 brief the appropriate congressional committees on-- 7,a7 the effects of climate change on women2 and 7,b7 the prevention and response strategies1 programming1 and associated outcomes with respect to climate change2 and 7#b7 submit to the appropriate congressional committees an assessment of the human and financial resources necessary to fulfill the purposes of and carry out this subtitle4 ,h ,clean ,school ,bus #djhja4 ,short title ,this subtitle may be cited as the ,clean ,school ,bus ,act of #bjbj4 #djhjb4 ,clean ,school ,bus ,grant ,program 7a7 ,definitions ,in this section3 7#a7 ,electric school bus ,the term electric school bus means a school bus that is propelled-- 7,a7 to a significant extent by an electric motor that-- 7i7 draws electricity from a battery2 and 7ii7 is capable of being recharged from an external source of electricity2 or 7,b7 by #a or more hydrogen fuel cells4 7#b7 ,eligible entity ,the term eligible entity means-- 7,a7 #a or more local1 regional1 or ,state governmental entities responsible for-- 7i7 providing school bus service to #a or more public school systems2 or 7ii7 purchasing school buses for use by #a or more public school systems2 7,b7 a nonprofit school transportation association2 or 7,c7 a tribally controlled school 7as defined in section #ebab of the ,tribally ,controlled ,schools ,act of #aihh 7#be ,u4,s4,c4 #beaa774 7#c7 ,fuel cell ,the term fuel cell has the meaning given the term in section #hjc of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afaeb74 7#d7 ,program ,the term program means the ,clean ,school ,bus ,grant ,program established under subsection 7b77#a74 7#e7 ,school bus ,the term school bus has the meaning given the term schoolbus in section #cjabe7;a7 of title #di1 ,united ,states ,code4 7#f7 ,scrap 7,a7 ,in general ,the term scrap means1 with respect to a school bus engine replaced using funds awarded under the program1 to recycle1 crush1 or shred the engine within such period and in such manner as determined by the ,secretary4 7,b7 ,exclusion ,the term scrap does not include selling1 leasing1 exchanging1 or otherwise disposing of an engine described in subparagraph 7,a7 for use in another motor vehicle in any location4 7#g7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7b7 ,clean ,school ,bus ,grant ,program 7#a7 ,establishment ,the ,secretary shall establish in the ,office of ,energy ,efficiency and ,renewable ,energy of the ,department of ,energy a program1 to be known as the ,clean ,school ,bus ,grant ,program1 for awarding grants on a competitive basis to eligible entities for the replacement of certain existing school buses4 7#b7 ,applications ,to be eligible to receive a grant under the program1 an eligible entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary shall require1 including-- 7,a7 a certification that no public work or service normally performed by a public employee will be privatized or subcontracted in carrying out a project under the grant2 and 7,b7 to ensure a fair assessment of total workforce impact1 a detailed accounting of the workforce of the eligible entity at the time of application1 including-- 7i7 the number of employees1 organized by salary2 7ii7 the bargaining unit status of each employee2 7iii7 the full- or part-time status of each employee2 and 7iv7 the job title of each employee4 7#c7 ,priority of grant applications 7,a7 ,in general ,the ,secretary shall give highest priority under the program to proposed projects of eligible entities that-- 7i7 serve the neediest students1 as described in subparagraph 7,b72 and 7ii7 will most reduce emissions1 as described in subparagraph 7,c74 7,b7 ,neediest students described ,the neediest students referred to in subparagraph 7,a77i7 are students who are eligible for free or reduced price lunches under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq474 7,c7 ,most emissions-reducing projects described ,the projects that will most reduce emissions referred to in subparagraph 7,a77ii7 are projects that-- 7i7 will replace the most polluting diesel school buses with the cleanest running electric school buses1 as indicated by-- 7,i7 the age of the school buses to be replaced2 7,,ii7 the emissions control technologies on the school buses to be replaced2 7,,iii7 the annual vehicle miles traveled by the school buses to be replaced2 7,,iv7 the source of electricity or hydrogen used to power the electric school buses2 and 7,v7 any other factors the ,secretary determines to be relevant2 or 7ii7 will complement the use of grant funds through other activities that-- 7,i7 will enable broader deployment of electric vehicles1 such as securing additional sources of funding through public-private partnerships with utilities1 grants from other entities1 or issuance of school bonds2 or 7,,ii7 will achieve further reductions in emissions1 such as installing solar panels to charge electric school buses purchased with grant funds4 7,d7 ,additional considerations ,in giving additional consideration to eligible entities seeking grants to purchase electric school buses under the program that meet the priorities described in subparagraph 7,a71 the ,secretary may consider-- 7i7 whether the grant will benefit students in a region that is in nonattainment of a national ambient air quality standard under section #aji of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdji72 or 7ii7 whether the eligible entity1 or whether the school system or school that would be served by the eligible entity1 has taken other action to reduce emissions during the transportation of students1 such as instituting a no-idling policy4 7#d7 ,use of school bus fleet ,each electric school bus acquired with funds provided under the program-- 7,a7 shall be operated as part of the school bus fleet for which the grant was made for not less than #e years2 7,b7 shall be maintained1 operated1 and charged according to manufacturer recommendations or ,state requirements2 and 7,c7 may not be manufactured or retrofitted with1 or otherwise have installed1 a power unit or other technology that creates air pollution within the school bus1 such as an unvented diesel passenger heater4 7#e7 ,grant awards 7,a7 ,in general ,the ,secretary may use funds made available to carry out the program-- 7i7 to award grants for-- 7,i7 the replacement of existing diesel school bus fleets with electric school buses2 7,,ii7 the implementation of recharging infrastructure or other infrastructure needed to charge or maintain electric school buses2 7,,iii7 workforce development and training1 to support the maintenance1 charging1 and operations of electric school buses2 and 7,,iv7 planning and technical activities to support the adoption and implementation of electric school buses2 and 7ii7 to develop resources to inform1 encourage1 and support eligible entities in applying for and fulfilling the requirements of grants awarded under the program1 including materials to support the workforce development and training described in clause 7i77,,iii7 and the planning and technical activities described in clause 7i77,,iv74 7,b7 ,requirements ,in order to receive a grant under the program1 the ,secretary shall-- 7i7 require that grant recipients-- 7,i7 replace diesel school buses with electric school buses2 7,,ii7 7aa7 not later than #a year after receiving the electric school bus purchased using a grant under the program1 scrap the diesel engine of the school bus being replaced2 or 7bb7 receive a waiver under paragraph 7#f72 7,,iii7 do not1 as a result of receiving the grant-- 7aa7 lay off1 transfer1 or demote any current employee2 or 7bb7 reduce the salary or benefits of any current employee or worsen the conditions of work of any current employee2 and 7,,iv7 provide current employees with training to effectively operate1 maintain1 or otherwise adapt to new technologies relating to electric school buses2 and 7ii7 permit grant recipients to receive and retain any funds or benefits received from-- 7,i7 scrapping a diesel engine2 7,,ii7 transferring or repurposing a diesel school bus as authorized under a waiver under paragraph 7#f72 and 7,,iii7 the resale or reuse of other parts of a school bus replaced using grant funds4 7,c7 ,grant amounts 7i7 ,maximum amount ,the maximum amount of a grant under the program is #b1jjj1jjj per eligible entity4 7ii7 ,amounts for purchase of electric school buses 7,i7 ,in general ,for any grant under the program1 the amount of funds awarded for the purchase of an electric school bus shall not exceed #aaj percent of the amount equal to the difference between-- 7aa7 the cost of an electric school bus2 and 7bb7 the cost of a diesel school bus4 7,,ii7 ,determination of cost of school buses ,in determining the amount of funds under subclause 7,i71 the ,secretary may determine the cost of a school bus for the purpose of calculating the marginal cost under that subclause through-- 7aa7 a competitive solicitation process for the manufacture of the school bus2 7bb7 a cooperative purchase agreement permitted by the laws of the ,state in which the grant recipient is located2 or 7cc7 another method that the ,secretary determines to be appropriate4 7iii7 ,amounts for supporting activities ,for any grant under the program1 the amount of funds awarded for the purposes described in subclauses 7,,ii7 through 7,,iv7 of subparagraph 7,a77i71 or other purposes related to those subclauses1 as determined by the ,secretary1 shall not exceed #fjj1jjj4 7,d7 ,buy america 7i7 ,in general ,except as provided in clause 7ii71 any electric school bus purchased using funds awarded under the program shall comply with the requirements described in section #ecbc7;j7 of title #di1 ,united ,states ,code4 7ii7 ,exceptions 7,i7 ,waiver ,the ,secretary may provide any waiver to the requirements described in clause 7i7 in the same manner and to the same extent as the ,secretary of ,transportation may provide a waiver under section #ecbc7;j77#b7 of title #di1 ,united ,states ,code4 7,,ii7 ,percentage of components and subcomponents ,the ,secretary may grant a waiver in accordance with section #ecbc7;j77#b77;,c7 of title #di1 ,united ,states ,code1 when a grant recipient procures an electric school bus using funds awarded under the program for which the cost of components and subcomponents produced in the ,united ,states-- 7aa7 for each of fiscal years #bjbb through #bjbf1 is more than #fj percent of the cost of all components of the school bus2 and 7bb7 for fiscal year #bjbg and each fiscal year thereafter1 is more than #gj percent of the cost of all components of the school bus4 7#f7 ,waiver ,on request of a grant recipient1 the ,secretary may grant a waiver under paragraph 7#e77;,b77i77,,ii77bb7 to authorize a grant recipient-- 7,a7 to transfer a diesel school bus replaced using grant funds under the program under an agreement-- 7i7 between-- 7,i7 the grant recipient2 and 7,,ii7 an entity described in subsection 7a77#b7 that serves an area that is in attainment of national ambient air quality standards under the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq472 7ii7 that provides that-- 7,i7 not later than #a year after the transfer subject to the agreement1 the entity receiving a school bus from the grant recipient will scrap a number of diesel engines of school buses that is equal to the number of school buses being received2 and 7,,ii7 any diesel engines described in subclause 7,i7 are older and more polluting than the diesel engines in the school buses being received2 and 7iii7 provided to the ,secretary2 or 7,b7 to delay the requirement under paragraph 7#e77;,b77i77,,ii77aa7 for not more than #c years after receiving the school bus purchased using a grant under the program for the purpose of using the school bus being replaced for a use determined by the ,secretary to be appropriate4 7#g7 ,deployment and distribution ,in carrying out the program1 the ,secretary shall1 to the maximum extent practicable-- 7,a7 achieve nationwide deployment of electric school buses through the program2 and 7,b7 ensure a broad geographic distribution of grant awards1 with no ,state receiving more than #ae percent of the grant funding made available to carry out the program for each fiscal year4 7#h7 ,annual reporting 7,a7 ,data release ,the ,secretary shall make available to the public on the website of the ,department of ,energy a downloadable electronic database of information with respect to each grant made under the program1 including-- 7i7 the name and location of the grant recipient2 7ii7 the school district served by the grant recipient1 if the grant recipient is not a school district2 7iii7 the criteria that the grant recipient met under subparagraphs 7,b71 7,c71 and 7,d7 of paragraph 7#c71 if any2 7iv7 the grant amount1 including a description of the amounts of the grant used for-- 7,i7 the purchase of electric school buses2 7,,ii7 the purchase of infrastructure2 7,,iii7 workforce development2 7,,iv7 the purchase of hydrogen or electricity2 and 7,v7 any other purpose2 7v7 with respect to an electric school bus purchased using a grant under the program1 the number1 make and model1 year of make1 cost1 estimated annual vehicle miles to be traveled1 and estimated number of students to be transported per day2 7vi7 with respect to a school bus replaced using a grant under the program1 the number1 make and model1 year of make1 fuel type1 annual vehicle miles traveled1 and the number of students transported per day2 7vii7 whether the grant recipient received a waiver under paragraph 7#f7 and1 if the grant recipient received such a waiver1 with respect to a school bus scrapped by the receiving entity described in paragraph 7#f77;,a71 the number1 make and model1 year of make1 fuel type1 type of school bus1 annual vehicle miles traveled1 and the number of students transported per day2 7viii7 an estimate of the local air pollution emissions and global greenhouse gas emissions avoided as a result of the grant2 and 7ix7 any other data determined by the ,secretary to enable an analysis of the use and impact of grants under the program4 7,b7 ,report to ,congress ,not later than ,january #ca of each year1 the ,secretary shall submit to ,congress and make available on the website of the ,department of ,energy a report that describes-- 7i7 the grant applications received under the program1 including a summary of the grant applications meeting the criteria described in subparagraphs 7,b71 7,c71 and 7,d7 of paragraph 7#c71 if any2 7ii7 the grants awarded under the program1 including a summary of the data described in subparagraph 7,a72 7iii7 the effect of the receipt of the grant on students1 schools1 local communities1 industry1 and the workforce2 7iv7 the estimated impact of the awarded grants on local air pollution and greenhouse gas emissions2 and 7v7 any other information determined by the ,secretary to enable ,congress to understand the implementation1 outcomes1 and effectiveness of the program4 7,c7 ,report on ,buy ,america waivers ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 the ,secretary shall submit a report describing any waiver granted under paragraph 7#e77;,d77ii77,i7 during the preceding year to-- 7i7 the ,committee on ,environment and ,public ,works of the ,senate2 7ii7 the ,committee on ,energy and ,natural ,resources of the ,senate2 and 7iii7 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives2 and 7iv7 the ,committee on ,energy and ,commerce of the ,house of ,representatives4 7c7 ,education 7#a7 ,in general ,not later than #ij days after funds are appropriated to carry out the ,program1 the ,secretary shall develop an education outreach program to promote and explain the program4 7#b7 ,coordination with stakeholders ,the outreach program under this subsection shall be designed and conducted in conjunction with national school bus transportation associations1 educators1 school bus drivers1 and other stakeholders4 7#c7 ,components ,the outreach program under this subsection shall-- 7,a7 inform eligible entities of the process of applying for grants2 7,b7 describe the available technologies and the benefits of the technologies2 7,c7 explain the benefits of participating in the program2 7,d7 facilitate the sharing of best practices and lessons learned among grant recipients and between grant recipients and eligible entities2 and 7,e7 include1 as appropriate1 information from the annual reports required under subsection 7b77#h74 7d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out the program #bjj1jjj1jjj for each of fiscal years #bjbb through #bjbf1 to remain available until expended4 ,i ,climate ,steward ,ship ,act of #bjbj #djija4 ,short title ,this subtitle may be cited as the ,climate ,stewardship ,act of #bjbj4 #a ,agriculture #djiaa4 ,conservation reserve program 7a7 ,conservation reserve ,section #abca of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chca7 is amended-- 7#a7 in subsection 7d7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,b71 by striking #bd1ejj1jjj and inserting #bf1jjj1jjj2 7ii7 in subparagraph 7,c71 by striking #be1jjj1jjj and inserting #bh1jjj1jjj2 7iii7 in subparagraph 7,d71 by striking #be1ejj1jjj acres2 and and inserting #cj1ejj1jjj acres22 7iv7 in subparagraph 7,e71 by striking #bg1jjj1jjj acres4 and inserting #cc1jjj1jjj acres22 and 7v7 by adding at the end the following3 7,f7 fiscal year #bjbf1 not more than #cd1jjj1jjj acres2 7,g7 fiscal year #bjbg1 not more than #ce1jjj1jjj acres2 7,h7 fiscal year #bjbh1 not more than #cf1jjj1jjj acres2 7,i7 fiscal year #bjbi1 not more than #cg1jjj1jjj acres2 7,j7 fiscal year #bjcj1 not more than #ch1jjj1jjj acres2 7,k7 fiscal year #bjca1 not more than #ci1jjj1jjj acres2 and 7,l7 fiscal year #bjcb and each fiscal year thereafter1 not less than #dj1jjj1jjj acres4 2 7,b7 in paragraph 7#b77;,a7-- 7i7 in clause 7i7-- 7,i7 by striking #b1jjj1jjj and inserting #d1fjj1jjj2 and 7,,ii7 by striking #bjbc and inserting #bjcb2 and 7ii7 in clause 7ii7-- 7,i7 in subclause 7,,ii71 by striking and at the end2 7,,ii7 in subclause 7,,iii71 by striking through #bjbc1 #b1jjj1jjj acres4 and insertingand #bjbd1 #b1jjj1jjj acres22 and 7,,iii7 by adding at the end the following3 7,,iv7 fiscal year #bjbe1 #b1ejj1jjj acres2 7,v7 fiscal year #bjbf1 #b1hjj1jjj acres2 7,,vi7 fiscal year #bjbg1 #c1ajj1jjj acres2 7,,vii7 fiscal year #bjbh1 #c1djj1jjj acres2 7,,viii7 fiscal year #bjbi1 #c1gjj1jjj acres2 7,,ix7 fiscal year #bjcj1 #d1jjj1jjj acres2 7,x7 fiscal year #bjca1 #d1cjj1jjj acres2 and 7,,xi7 fiscal year #bjcb and each fiscal year thereafter1 not less than #d1fjj1jjj acres4 2 and 7,c7 in paragraph 7#f77;,b7-- 7i7 in clause 7i7-- 7,i7 by striking #h1fjj1jjj and inserting #ag1gjj1jjj2 and 7,,ii7 by striking #bjbc and inserting #bjcb2 and 7ii7 in clause 7ii7-- 7,i7 in subclause 7,,ii71 by striking #h1bej1jjj and inserting #i1jjj1jjj2 7,,ii7 in subclause 7,,iii71 by striking #h1ejj1jjj acres2 and and inserting #aj1jjj1jjj acres22 and 7,,iii7 by striking subclause 7,,iv7 and inserting the following3 7,,iv7 fiscal year #bjbd1 #ab1jjj1jjj acres2 7,v7 fiscal year #bjbe1 #ac1ejj1jjj acres2 7,,vi7 fiscal year #bjbf1 #ad1ajj1jjj acres2 7,,vii7 fiscal year #bjbg1 #ad1gjj1jjj acres2 7,,viii7 fiscal year #bjbh1 #ae1cjj1jjj acres2 7,,ix7 fiscal year #bjbi1 #ae1ijj1jjj acres2 7,x7 fiscal year #bjcj1 #af1ejj1jjj acres2 7,,xi7 fiscal year #bjca1 #ag1ajj1jjj acres2 and 7,,xii7 fiscal year #bjcb and each fiscal year thereafter1 not less than #ag1gjj1jjj acres4 2 7#b7 in subsection 7e77#a71 by striking 1 nor more than #ae12 and 7#c7 in subsection 7h7-- 7,a7 by striking paragraph 7#b72 and 7,b7 by striking consideration4-- in the subsection heading and all that follows through ,on the in paragraph 7#a7 and inserting consideration4--,on the4 7b7 ,conservation ,reserve ,enhancement ,program ,section #abca;,a7b77#b77;,a77i7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chca;a7b77#b77;,a77i77 is amended by inserting 1 including reducing agricultural greenhouse gas emissions or increasing carbon sequestration1 after concerns4 #djiab4 ,environmental ,quality ,incentives ,program 7a7 ,purposes ,section #abdj7c7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa7#c77 is amended-- 7#a7 in subparagraph 7,b71 by striking and at the end2 7#b7 in subparagraph 7,c71 by striking and at the end2 and 7#c7 by adding at the end the following3 7,d7 reducing agricultural greenhouse gas emissions2 7,e7 increasing carbon sequestration2 and 7,f7 adapting to1 or mitigating against1 increasing weather volatility2 and 4 7b7 ,definitions ,section #abdj;,a of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#a7 is amended-- 7#a7 by redesignating paragraphs 7#a7 through 7#aj7 as paragraphs 7#b7 through 7#aa71 respectively2 and 7#b7 by inserting before paragraph 7#b7 7as so redesignated7 the following3 7#a7 ,climate stewardship practice ,the term climate stewardship practice means any of the following practices3 7,a7 ,alley cropping4 7,b7 ,biochar incorporation4 7,c7 ,conservation cover4 7,d7 ,conservation crop rotation4 7,e7 ,contour buffer strips4 7,f7 ,contour farming4 7,g7 ,cover crops4 7,h7 ,critical area planting4 7,i7 ,cross wind trap strips4 7,j7 ,field borders4 7,k7 ,filter strips4 7,l7 ,forage and biomass planting1 including the use of native prairie and seed mixtures4 7,m7 ,forest stand improvements4 7,n7 ,grassed waterways4 7,o7 ,hedgerow planting4 7,p7 ,herbaceous wind barriers4 7,q7 ,multistory cropping4 7,r7 ,nutrient management4 7,s7 ,prescribed grazing4 7,t7 ,range planting4 7,u7 ,residue and tillage management with no till4 7,v7 ,residue and tillage management with reduced till4 7,w7 ,riparian forest buffers4 7,x7 ,riparian herbaceous buffers4 7,y7 ,silvopasture establishment4 7,z7 ,stripcropping4 7,,aa7 ,tree and shrub establishment4 7,,bb7 ,upland wildlife habitat4 7,,cc7 ,vegetative barriers4 7,,dd7 ,wetland restoration4 7,,ee7 ,windbreak renovation4 7,,ff7 ,windbreaks and shelterbelts4 7,,gg7 ,woody residue treatment4 7,,hh7 ,any other highly effective vegetative or management practice that significantly reduces agricultural greenhouse gas emissions1 increases carbon sequestration1 or assists producers in adapting to1 or mitigating against1 increasing weather volatility1 as determined by the ,secretary4 4 7c7 ,establishment and administration ,section #abdj;,b of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#b7 is amended-- 7#a7 in subsection 7d77#c7-- 7,a7 in subparagraph 7,f71 by striking or at the end2 7,b7 in subparagraph 7,g71 by striking the period at the end and inserting a semicolon2 and 7,c7 by adding at the end the following3 7,h7 reductions in agricultural greenhouse gas emissions2 or 7,i7 long-term carbon sequestration4 2 and 7#b7 in subsection 7j7-- 7,a7 in paragraph 7#b7-- 7i7 in subparagraph 7,a7-- 7,i7 in clause 7i7-- 7aa7 by striking maintenance of incentive practices and inserting the following3 8maintenance of-- 7,i7 incentive practices 2 and 7bb7 in subclause 7,i7 7as so designated71 by striking the period at the end and inserting the following3 82 or 7,,ii7 one or more climate stewardship practices4 2 and 7,,ii7 in clause 7ii7-- 7aa7 in subclause 7,i71 by inserting 1 or climate stewardship practices to attain increased levels of carbon sequestration and reduced agricultural greenhouse gas emissions1 after conservation2 and 7bb7 in subclause 7,,ii71 by inserting or a climate stewardship practice after incentive practice2 and 7ii7 in subparagraph 7,c7-- 7,i7 by redesignating clauses 7i7 and 7ii7 as subclauses 7,i7 and 7,,ii71 respectively1 and indenting appropriately2 7,,ii7 in the matter preceding subclause 7,i7 7as so redesignated71 by striking ,notwithstanding section #abdj;,c and inserting the following3 7i7 ,incentive practices ,notwithstanding section #abdj;,c1 in the case of applications for contracts under subparagraph 7,a77i77,i7 2 and 7,,iii7 by adding at the end the following3 7ii7 ,climate stewardship practices ,notwithstanding section #abdj;,c1 in the case of applications for contracts under subparagraph 7,a77i77,,ii71 the ,secretary shall give priority to applications that contain the greatest number of climate stewardship practices4 2 and 7,b7 in paragraph 7#c7-- 7i7 in the paragraph heading1 by inserting and climate stewardship practice after ,incentive practice2 7ii7 in subparagraph 7,a71 by inserting or climate stewardship practices after incentive practices each place it appears2 7iii7 in subparagraph 7,b71 by inserting or climate stewardship practice after incentive practice each place it appears2 and 7iv7 in subparagraph 7,c77ii71 by inserting or a climate stewardship practice after incentive practice4 7d7 ,limitation on payments ,section #abdj;,g of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#g7 is amended-- 7#a7 by striking #bjah1 or and inserting #bjah12 and 7#b7 by inserting the period of fiscal years #bjbf through #bjcj1 or the period of fiscal years #bjca through #bjce1 before regardless4 7e7 ,conservation innovation grants and payments ,section #abdj;,h7c7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#h7;c77 is amended-- 7#a7 in paragraph 7#a77;,b77i7-- 7,a7 in subclause 7,,vi71 by striking and at the end2 and 7,b7 by adding at the end the following3 7,,viii7 practices that significantly increase carbon sequestration1 reduce agricultural greenhouse gas emissions1 or assist producers to adapt to1 or mitigate against1 increasing weather volatility2 and 2 7#b7 in paragraph 7#b71 in the matter preceding subparagraph 7,a71 by striking each of fiscal years #bjai through #bjbc and inserting fiscal year #bjba1 and #bjj1jjj1jjj of the funds of the ,commodity ,credit ,corporation for each of fiscal years #bjbb through #bjcb2 and 7#c7 in paragraph 7#g71 in the matter preceding subparagraph 7,a7-- 7,a7 by inserting not less than #ajj1jjj1jjj for each of fiscal years #bjbb through #bjcb of the after ,using2 and 7,b7 by striking a soil and inserting an ongoing soil4 #djiac4 ,conservation ,stewardship ,program 7a7 ,supplemental payments for climate stewardship practices ,section #abdj,l7d7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#bd7;d77 is amended-- 7#a7 in the subsection heading1 by striking ,rotations and ,advanced ,grazing ,management and inserting ,rotations1 ,advanced ,grazing ,management1 and ,climate ,stewardship ,practices2 7#b7 in paragraph 7#a7-- 7,a7 by redesignating subparagraphs 7,b7 and 7,c7 as subparagraphs 7,c7 and 7,d71 respectively2 and 7,b7 by inserting after subparagraph 7,a7 the following3 7,b7 ,climate stewardship practice ,the term climate stewardship practice means any of the following practices3 7i7 ,alley cropping4 7ii7 ,biochar incorporation4 7iii7 ,conservation cover4 7iv7 ,conservation crop rotation4 7v7 ,contour buffer strips4 7vi7 ,contour farming4 7vii7 ,cover crops4 7viii7 ,critical area planting4 7ix7 ,cross wind trap strips4 7x7 ,field borders4 7xi7 ,filter strips4 7xii7 ,forage and biomass planting1 including the use of native prairie seed mixtures4 7xiii7 ,forest stand improvements4 7xiv7 ,grassed waterways4 7xv7 ,hedgerow planting4 7xvi7 ,herbaceous wind barriers4 7xvii7 ,multistory cropping4 7xviii7 ,nutrient management1 including nitrogen stewardship activities4 7xix7 ,prescribed grazing4 7xx7 ,range planting4 7xxi7 ,residue and tillage management with no till4 7xxii7 ,residue and tillage management with reduced till4 7xxiii7 ,riparian forest buffers4 7xxiv7 ,riparian herbaceous buffers4 7xxv7 ,silvopasture establishment4 7xxvi7 ,stripcropping4 7xxvii7 ,tree and shrub establishment1 including planting for a high rate of carbon sequestration4 7xxviii7 ,upland wildlife habitat4 7xxix7 ,vegetative barriers4 7xxx7 ,wetland restoration4 7xxxi7 ,windbreak renovation4 7xxxii7 ,windbreaks and shelterbelts4 7xxxiii7 ,woody residue treatment4 7xxxiv7 ,any other vegetative or management conservation activity that significantly-- 7,i7 reduces greenhouse gas emissions2 7,,ii7 increases carbon sequestration2 or 7,,iii7 enhances resilience to increased weather volatility4 2 7#c7 in paragraph 7#b7-- 7,a7 in subparagraph 7,a71 by striking or at the end2 7,b7 in subparagraph 7,b71 by striking the period at the end and inserting 2 or2 and 7,c7 by adding at the end the following3 7,c7 conservation activities relating to climate stewardship practices4 2 and 7#d7 in paragraph 7#c71 by striking rotations or advanced grazing management and inserting rotations1 advanced grazing management1 or conservation activities relating to climate stewardship practices4 7b7 ,payment limitations ,section #abdj,l7f7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#bd7;f77 is amended by striking fiscal years #bjai through #bjbc and inserting the period of fiscal years #bjbb through #bjbe1 the period of fiscal years #bjbd through #bjbh1 or the period of fiscal years #bjca through #bjce4 #djiad4 ,funding 7a7 ,annual funding ,section #abda7;a7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chda7;a77 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by striking #bjbc and inserting #bjcb2 7#b7 in paragraph 7#b7-- 7,a7 in subparagraph 7,e71 by striking and at the end2 7,b7 in subparagraph 7,f71 by striking through #bjbc4 and inserting and #bjbb2 and2 and 7,c7 by adding at the end the following3 7,g7 #ijj1jjj1jjj for each of fiscal years #bjbb through #bjcb4 2 and 7#c7 in paragraph 7#c7-- 7,a7 in subparagraph 7,a7-- 7i7 in clause 7ii71 by striking #a1gej1jjj1jjj and inserting #b1gej1jjj1jjj2 7ii7 in clause 7iii71 by striking #a1hjj1jjj1jjj and inserting #c1hjj1jjj1jjj2 7iii7 in clause 7iv7-- 7,i7 by striking #a1hej1jjj1jjj and inserting #d1hej1jjj1jjj2 and 7,,ii7 by striking and at the end2 7iv7 in clause 7v71 by striking #b1jbe1jjj1jjj and inserting #f1jbe1jjj1jjj2 and 7v7 by adding at the end the following3 7vi7 #g1jjj1jjj1jjj for each of fiscal years #bjbf through #bjcb2 and 2 and 7,b7 in subparagraph 7,b7-- 7i7 in clause 7ii71 by striking #gbe1jjj1jjj and inserting #a1gbe1jjj1jjj2 7ii7 in clause 7iii71 by striking #gej1jjj1jjj and inserting #b1gej1jjj1jjj2 7iii7 in clause 7iv7-- 7,i7 by striking #hjj1jjj1jjj and inserting #c1hjj1jjj1jjj2 and 7,,ii7 by striking and at the end2 7iv7 in clause 7v7-- 7,i7 by striking #a1jjj1jjj1jjj and inserting #e1jjj1jjj1jjj2 and 7,,ii7 by striking the period at the end and inserting a semicolon2 and 7v7 by adding at the end the following3 7vi7 #f1jjj1jjj1jjj for fiscal year #bjbf2 and 7vii7 #g1jjj1jjj1jjj for each of fiscal years #bjbg through #bjcb4 4 7b7 ,availability of funds ,section #abda7;b7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chda7;b77 is amended by striking #bjbc and inserting #bjcb4 7c7 ,funding for climate stewardship practices ,section #abda of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chda7 is amended by adding at the end the following3 7k7 ,funding for climate stewardship practices 7#a7 ,environmental quality incentives program 7,a7 ,in general ,of the funds made available under subsection 7a77#c77;,a71 the ,secretary shall set aside the following amounts to be used exclusively for climate stewardship practices 7as defined in section #abdj;,a7 under contracts under section #abdj;,b7j77#b77;,a77i77,,ii73 7i7 #a1jjj1jjj1jjj for fiscal year #bjbb4 7ii7 #b1jjj1jjj1jjj for fiscal year #bjbc4 7iii7 #c1jjj1jjj1jjj for fiscal year #bjbd4 7iv7 #d1jjj1jjj1jjj for fiscal year #bjbe4 7v7 #e1jjj1jjj1jjj for each of fiscal years #bjbf through #bjcb4 7,b7 ,nonapplicability of allocation of funding ,section #abdj;,b7f7 shall not apply to amounts set aside under subparagraph 7,a74 7#b7 ,conservation stewardship program ,of the funds made available under subsection 7a77#c77;,b71 the ,secretary shall set aside the following amounts to be used exclusively to enroll in the conservation stewardship program contracts comprised predominantly of conservation activities relating to climate stewardship practices 7as defined in section #abdj,l7d77#a77 or bundles of practices comprised predominantly of conservation activities relating to climate stewardship practices 7as so defined73 7,a7 #a1jjj1jjj1jjj for fiscal year #bjbb4 7,b7 #b1jjj1jjj1jjj for fiscal year #bjbc4 7,c7 #c1jjj1jjj1jjj for fiscal year #bjbd4 7,d7 #d1jjj1jjj1jjj for fiscal year #bjbe4 7,e7 #e1jjj1jjj1jjj for each of fiscal years #bjbf through #bjcb4 4 #djiae4 ,regional ,conservation ,partnership ,program ,section #abga;,d of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chga;d7 is amended by striking subsection 7a7 and inserting the following3 7a7 ,availability of funds ,of the funds of the ,commodity ,credit ,corporation1 the ,secretary shall use to carry out the program-- 7#a7 #cjj1jjj for each of fiscal years #bjba through #bjbe2 7#b7 #ejj1jjj for each of fiscal years #bjbf through #bjbg2 7#c7 #gej1jjj for each of fiscal years #bjbh through #bjbi2 and 7#d7 #a1jjj1jjj for each of fiscal years #bjcj through #bjcb4 4 #djiaf4 ,funding for climate stewardship agriculture research 7a7 ,agriculture and ,food ,research ,initiative ,subsection 7b7 of the ,competitive1 ,special1 and ,facilities ,research ,grant ,act 7#g ,u4,s4,c4 #caeg7;b77 is amended-- 7#a7 in paragraph 7#b71 by adding at the end the following3 7,g7 ,climate stewardship ,climate change mitigation through-- 7i7 reducing greenhouse gas emissions and increasing resilience in the agricultural sector2 7ii7 increasing carbon sequestration2 7iii7 improving soil health2 and 7iv7 increasing soil carbon levels4 2 and 7#b7 in paragraph 7#aa7-- 7,a7 by striking the paragraph heading and inserting ,funding4--2 7,b7 in subparagraph 7,a7-- 7i7 in the matter preceding clause 7i71 by striking ,there is and all that follows through #bjbc and inserting,on the first ,october #a after the date of enactment of the ,climate ,stewardship ,act of #bjbj1 and on each ,october #a thereafter1 out of any funds in the ,treasury not otherwise appropriated1 the ,secretary of the ,treasury shall transfer to the ,secretary to carry out this subsection #hcj1jjj1jjj1 to remain available until expended2 7ii7 in clause 7i71 by striking and at the end2 7iii7 in clause 7ii71 by striking the period at the end and inserting 2 and2 and 7iv7 by adding at the end the following3 7iii7 not less than #ej percent for each fiscal year shall be used to address the priority area described in paragraph 7#b77;,g74 2 and 7,c7 by adding at the end the following3 7,c7 ,receipt and acceptance ,the ,secretary shall be entitled to receive1 shall accept1 and shall use to carry out this subsection the funds transferred under subparagraph 7,a71 without further appropriation4 4 7b7 ,foundation for ,food and ,agriculture ,research ,section #gfja of the ,agricultural ,act of #bjad 7#g ,u4,s4,c4 #eici7 is amended-- 7#a7 in subsection 7c77#a77;,d71 by inserting after environment the following3 1 including-- 7i7 reducing greenhouse gas emissions and increasing resilience in the agricultural sector2 7ii7 increasing carbon sequestration2 7iii7 improving soil health2 and 7iv7 increasing soil carbon levels 2 and 7#b7 in subsection 7g77#a77;,a71 by adding at the end the following3 7iii7 ,climate stewardship funding ,on the date of enactment of the ,climate ,stewardship ,act of #bjbj1 and each year thereafter1 of the funds of the ,commodity ,credit ,corporation1 the ,secretary shall transfer to the ,foundation #dj1jjj1jjj to advance the research mission of the ,department with respect to the issues described in clauses 7i7 through 7iv7 of subsection 7c77#a77;,d71 to remain available until expended4 4 7c7 ,sustainable agriculture research and extension projects ,section #afba of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#g ,u4,s4,c4 #ehaa7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a77;,c71 by striking and at the end2 7,b7 in paragraph 7#b77;,e71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#c7 facilitate-- 7,a7 reducing greenhouse gas emissions and increasing resilience in the agricultural sector2 7,b7 increasing carbon sequestration2 7,c7 improving soil health2 and 7,d7 increasing soil carbon levels4 2 and 7#b7 by adding at the end the following3 7j7 ,funds 7#a7 ,in general ,in addition to amounts appropriated under section #afbd1 on the first ,october #a after the date of enactment of the ,climate ,stewardship ,act of #bjbj1 and on each ,october #a thereafter1 out of any funds in the ,treasury not otherwise appropriated1 the ,secretary of the ,treasury shall transfer to the ,secretary to carry out this section #gd1jjj1jjj1 to remain available until expended4 7#b7 ,receipt and acceptance ,the ,secretary shall be entitled to receive1 shall accept1 and shall use to carry out this section the funds transferred under paragraph 7#a71 without further appropriation4 7#c7 ,climate stewardship ,of the funds made available under paragraph 7#a71 the ,secretary shall use not less than #ej percent to conduct projects described in subsection 7a77#c74 4 7d7 ,organic agriculture research and extension initiative ,section #afgb;,b of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#g ,u4,s4,c4 #eibe;b7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#g71 by striking and at the end2 7,b7 in paragraph 7#h71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#i7 7,a7 reducing greenhouse gas emissions and increasing resilience in the agricultural sector2 7,b7 increasing carbon sequestration2 7,c7 improving soil health2 and 7,d7 increasing soil carbon levels4 2 and 7#b7 in subsection 7f7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,c71 by striking and at the end2 7ii7 in subparagraph 7,d71 by adding and at the end after the semicolon2 7iii7 by striking subparagraphs 7,e7 through 7,g72 and 7iv7 by adding at the end the following3 7,e7 on the first ,october #a after the date of enactment of the ,climate ,stewardship ,act of #bjbj1 and on each ,october #a thereafter1 #ajj1jjj1jjj4 2 and 7,b7 by adding at the end the following3 7#d7 ,climate stewardship ,of the funds made available under paragraph 7#a77;,e71 the ,secretary shall use not less than #ej percent to support activities under this section for the purposes described in subsection 7a77#i74 4 7e7 ,appropriate technology transfer for rural areas program ,section #caj;,b7i7 of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aicb7;i77 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 in subparagraph 7,c71 by striking and at the end2 7,b7 in subparagraph 7,d71 by striking the period at the end and inserting a semicolon2 and 7,c7 by adding at the end the following3 7,e7 reduce greenhouse gas emissions and increase resilience in the agricultural sector2 7,f7 increase carbon sequestration2 7,g7 improve soil health2 and 7,h7 increase soil carbon levels4 2 and 7#b7 by striking paragraph 7#d7 and inserting the following3 7#d7 ,funding 7,a7 ,in general ,on the first ,october #a after the date of enactment of the ,climate ,stewardship ,act of #bjbj1 and on each ,october #a thereafter1 out of any funds in the ,treasury not otherwise appropriated1 the ,secretary of the ,treasury shall transfer to the ,secretary to carry out this subsection #e1fjj1jjj1 to remain available until expended4 7,b7 ,receipt and acceptance ,the ,secretary shall be entitled to receive1 shall accept1 and shall use to carry out this subsection the funds transferred under subparagraph 7,a71 without further appropriation4 7,c7 ,climate stewardship ,of the funds made available under subparagraph 7,a71 the ,secretary shall use not less than #ej percent to provide assistance described in subparagraphs 7,e7 through 7,h7 of paragraph 7#b74 4 7f7 ,research under ,hatch ,act ,the ,hatch ,act of #ahhg is amended by inserting after section #c 7#g ,u4,s4,c4 #cfa;c7 the following3 #c;,a4 ,mandatory funding 7a7 ,funding 7#a7 ,in general ,in addition to any amounts authorized to be appropriated under section #c1 on the first ,october #a after the date of enactment of the ,climate ,stewardship ,act of #bjbj1 and on each ,october #a thereafter1 out of any funds in the ,treasury not otherwise appropriated1 the ,secretary of the ,treasury shall transfer to the ,secretary to carry out this ,act #eah1jjj1jjj1 to remain available until expended4 7#b7 ,receipt and acceptance ,the ,secretary shall be entitled to receive1 shall accept1 and shall use to carry out this ,act the funds transferred under paragraph 7#a71 without further appropriation4 7b7 ,climate stewardship ,of the funds made available under subsection 7a77#a71 not less than #ej percent shall be used for research relating to-- 7#a7 reducing greenhouse gas emissions and increasing resilience in the agricultural sector2 7#b7 increasing carbon sequestration2 7#c7 improving soil health2 and 7#d7 increasing soil carbon levels4 4 7g7 ,activities under ,smith-,lever ,act ,the ,smith-,lever ,act is amended by inserting after section #c 7#g ,u4,s4,c4 #cdc7 the following3 #c;,a4 ,mandatory funding 7a7 ,funding 7#a7 ,in general ,in addition to any amounts authorized to be appropriated under section #c1 on the first ,october #a after the date of enactment of the ,climate ,stewardship ,act of #bjbj1 and on each ,october #a thereafter1 out of any funds in the ,treasury not otherwise appropriated1 the ,secretary of the ,treasury shall transfer to the ,secretary to carry out this ,act #fdi1djj1jjj1 to remain available until expended4 7#b7 #aiid ,institutions ,of the funds transferred under paragraph 7#a71 #ai1djj1jjj shall be for payment on behalf of the #aiid ,institutions 7as defined in section #ecb of the ,equity in ,educational ,land-,grant ,status ,act of #aiid 7#g ,u4,s4,c4 #cja note2 ,public ,law #ajc-chb77 for the purposes described in section #b1 to be distributed in accordance with the process described in section #c7;b77#c74 7#c7 ,receipt and acceptance ,the ,secretary shall be entitled to receive1 shall accept1 and shall use to carry out this ,act the funds transferred under paragraph 7#a71 without further appropriation4 7b7 ,climate stewardship ,of the funds made available under subsection 7a77#a71 and of the funds designated for #aiid ,institutions under subsection 7a77#b71 not less than #ej percent shall be used for activities relating to-- 7#a7 reducing greenhouse gas emissions and increasing resilience in the agricultural sector2 7#b7 increasing carbon sequestration2 7#c7 improving soil health2 and 7#d7 increasing soil carbon levels4 4 7h7 ,extension at #ahij ,land-,grant colleges1 including ,tuskegee ,university and the ,university of the ,district of ,columbia ,section #addd of the ,food and ,agriculture ,act of #aigg 7#g ,u4,s4,c4 #cbba7 is amended by adding at the end the following3 7g7 ,mandatory funding 7#a7 ,funding 7,a7 ,in general ,in addition to any amounts authorized to be appropriated under subsection 7a71 on the first ,october #a after the date of enactment of the ,climate ,stewardship ,act of #bjbj1 and on each ,october #a thereafter1 out of any funds in the ,treasury not otherwise appropriated1 the ,secretary of the ,treasury shall transfer to the ,secretary to carry out this section #ig1bjj1jjj1 to remain available until expended4 7,b7 ,receipt and acceptance ,the ,secretary shall be entitled to receive1 shall accept1 and shall use to carry out this section the funds transferred under subparagraph 7,a71 without further appropriation4 7#b7 ,climate stewardship ,of the funds made available under paragraph 7#a77;,a71 not less than #ej percent shall be used for programs and activities relating to-- 7,a7 reducing greenhouse gas emissions and increasing resilience in the agricultural sector2 7,b7 increasing carbon sequestration2 7,c7 improving soil health2 and 7,d7 increasing soil carbon levels4 4 7i7 ,agricultural research at #ahij land-,grant colleges1 including ,tuskegee ,university and the ,university of the ,district of ,columbia ,section #adde of the ,food and ,agriculture ,act of #aigg 7#g ,u4,s4,c4 #cbbb7 is amended by adding at the end the following3 7i7 ,mandatory funding 7#a7 ,funding 7,a7 ,in general ,in addition to any amounts authorized to be appropriated under subsection 7a71 on the first ,october #a after the date of enactment of the ,climate ,stewardship ,act of #bjbj1 and on each ,october #a thereafter1 out of any funds in the ,treasury not otherwise appropriated1 the ,secretary of the ,treasury shall transfer to the ,secretary to carry out this section #aaf1jjj1jjj1 to remain available until expended4 7,b7 ,receipt and acceptance ,the ,secretary shall be entitled to receive1 shall accept1 and shall use to carry out this section the funds transferred under subparagraph 7,a71 without further appropriation4 7#b7 ,climate stewardship ,of the funds made available under paragraph 7#a77;,a71 not less than #ej percent shall be used for research relating to-- 7,a7 reducing greenhouse gas emissions and increasing resilience in the agricultural sector2 7,b7 increasing carbon sequestration2 7,c7 improving soil health2 and 7,d7 increasing soil carbon levels4 4 7j7 ,nonland-,grant colleges of agriculture program ,section #adgc;,f of the ,food and ,agriculture ,act of #aigg 7#g ,u4,s4,c4 #ccai;i7 is amended-- 7#a7 in subsection 7a77#a77;,a71 by inserting after agriculture the following3 1 including-- 7i7 reducing greenhouse gas emissions and increasing resilience in the agricultural sector2 7ii7 increasing carbon sequestration2 7iii7 improving soil health2 and 7iv7 increasing soil carbon levels2 2 and 7#b7 by striking subsection 7b7 and inserting the following3 7b7 ,funds 7#a7 ,in general ,of the funds of the ,commodity ,credit ,corporation1 the ,secretary shall use to carry out this section #aj1jjj1jjj for each fiscal year1 to remain available until expended4 7#b7 ,climate stewardship ,of the funds made available under paragraph 7#a71 the ,secretary shall use not less than #ej percent to conduct the activities described in clauses 7i7 through 7iv7 of subsection 7a77#a77;,a74 4 7k7 ,mc,intire-,stennis 7#a7 ,funds ,public ,law #hg-ghh 7commonly known as the ,mc,intire-,stennis ,cooperative ,forestry ,act7 is amended by inserting after section #c 7#af ,u4,s4,c4 #ehb;a-#b7 the following3 #c;,a4 ,mandatory funding 7a7 ,funding 7#a7 ,in general ,in addition to any amounts authorized to be appropriated under section #c1 on the first ,october #a after the date of enactment of the ,climate ,stewardship ,act of #bjbj1 and on each ,october #a thereafter1 out of any funds in the ,treasury not otherwise appropriated1 the ,secretary of the ,treasury shall transfer to the ,secretary to carry out this ,act #gb1jjj1jjj1 to remain available until expended4 7#b7 ,receipt and acceptance ,the ,secretary shall be entitled to receive1 shall accept1 and shall use to carry out this ,act the funds transferred under paragraph 7#a71 without further appropriation4 7b7 ,climate stewardship ,of the funds made available under subsection 7a77#a71 not less than #ej percent shall be used for activities relating to-- 7#a7 reducing greenhouse gas emissions and increasing resilience in the agricultural sector2 7#b7 increasing carbon sequestration2 7#c7 improving soil health2 and 7#d7 increasing soil carbon levels4 4 7l7 #aiid ,institutions research ,section #ecf of the ,equity in ,educational ,land-,grant ,status ,act of #aiid 7#g ,u4,s4,c4 #cja note2 ,public ,law #ajc-chb7 is amended by adding at the end the following3 7d7 ,mandatory funding 7#a7 ,in general ,in addition to any amounts authorized to be appropriated under subsection 7c71 on the first ,october #a after the date of enactment of the ,climate ,stewardship ,act of #bjbj1 and on each ,october #a thereafter1 out of any funds in the ,treasury not otherwise appropriated1 the ,secretary of the ,treasury shall transfer to the ,secretary to carry out this section #aa1djj1jjj1 to remain available until expended4 7#b7 ,receipt and acceptance ,the ,secretary shall be entitled to receive1 shall accept1 and shall use to carry out this section the funds transferred under paragraph 7#a71 without further appropriation4 7#c7 ,climate stewardship ,of the funds made available under paragraph 7#a71 not less than #ej percent shall be used for activities relating to-- 7,a7 reducing greenhouse gas emissions and increasing resilience in the agricultural sector2 7,b7 increasing carbon sequestration2 7,c7 improving soil health2 and 7,d7 increasing soil carbon levels4 4 #djiag4 ,conservation technical assistance ,section #f of the ,soil ,conservation and ,domestic ,allotment ,act 7#af ,u4,s4,c4 #eij;f7 is amended-- 7#a7 by striking the section designation and heading and all that follows through ,there is in subsection 7a7 and inserting the following3 #f4 ,funding2 ,conservation ,technical ,assistance ,fund 7a7 ,funding 7#a7 ,mandatory funding ,of the funds of the ,commodity ,credit ,corporation1 the ,secretary of ,agriculture shall use to carry out this ,act #b1ajj1jjj1jjj for each fiscal year4 7#b7 ,authorization of appropriations ,there are 2 and 7#b7 in the undesignated matter following paragraph 7#b7 7as so designated7 of subsection 7a71 by striking ,appropriations and inserting the following3 7#c7 ,availability of appropriations for nursery stock ,appropriations 4 #djiah4 ,rural ,energy for ,america ,program ,section #ijjg of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #hajg7 is amended-- 7#a7 in subsection 7c77#c77;,a71 by striking #be and inserting #dj2 and 7#b7 in subsection 7f77#a7-- 7,a7 in subparagraph 7,d71 by striking and at the end2 7,b7 in subparagraph 7,e71 by striking for fiscal and all that follows through the period at the end and inserting for each of fiscal years #bjbb through #bjbg22 and 7,c7 by adding at the end the following3 7,f7 #aej1jjj1jjj for fiscal year #bjbb2 7,g7 #ejj1jjj1jjj for fiscal year #bjbc2 7,h7 #a1jjj1jjj1jjj for fiscal year #bjbd2 7,i7 #b1jjj1jjj1jjj for fiscal year #bjbe2 and 7,j7 #c1jjj1jjj1jjj for fiscal year #bjbf and each fiscal year thereafter4 4 #djiai4 ,local ,agriculture ,market ,program ,section #bja;,a7i77#a7 of the ,agricultural ,marketing ,act of #aidf 7#g ,u4,s4,c4 #afbg;c7i77#a77 is amended by striking #bjai and and inserting #bjba1 and #ejj1jjj1jjj for4 #djibj4 ,farm and ranch stress assistance network ,section #gebb of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7#g ,u4,s4,c4 #eicf7 is amended by striking subsection 7d7 and inserting the following3 7d7 ,mandatory funding ,of the funds of the ,commodity ,credit ,corporation1 the ,secretary shall use to carry out this section #aj1jjj1jjj for fiscal year #bjba and each fiscal year thereafter4 4 #djiba4 ,assistance for community food projects ,section #be of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjcd7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by inserting including amounts made available under subsection 7i7 to carry out this section1 after ,act12 and 7,b7 in paragraph 7#b77;,d71 by striking #e1jjj1jjj and inserting #be1jjj1jjj2 7#b7 in subsection 7d7-- 7,a7 in paragraph 7#d71 by striking or at the end2 7,b7 in paragraph 7#e77;,c71 by striking the period at the end and inserting 2 or2 and 7,c7 by adding at the end the following3 7#f7 address food security in urban low-income communities by making those communities more climate resilient through the creation or expansion of urban farms1 community gardens1 and rooftop gardens that grow produce for personal use or for local sale through farm stands1 farmers' markets1 community supported agriculture subscriptions1 and other delivery methods4 2 and 7#c7 by adding at the end the following3 7i7 ,funding ,of the funds of the ,commodity ,credit ,corporation1 the ,secretary shall use to carry out this section #be1jjj1jjj for fiscal year #bjbb and each fiscal year thereafter1 to remain available until expended4 4 #b ,forests #djica4 ,reforestation ,trust ,fund 7a7 ,in general ,section #cjc of ,public ,law #if-dea 7#af ,u4,s4,c4 #afjf;a7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by striking ,subject to and all that follows through the ,secretary and inserting ,the ,secretary2 7,b7 by striking paragraph 7#b72 and 7,c7 by redesignating paragraph 7#c7 as paragraph 7#b72 7#b7 in subsection 7d7-- 7,a7 in the matter preceding paragraph 7#a7-- 7i7 by striking the subsection designation and all that follows through ,the ,secretary and inserting the following3 7d7 ,reforestation by ,secretary of ,agriculture ,the ,secretary 2 and 7ii7 by striking for2 7,b7 in paragraph 7#a7-- 7i7 by inserting for before reforestation2 and 7ii7 by striking and at the end2 7,c7 by redesignating paragraph 7#b7 as paragraph 7#f72 7,d7 by inserting after paragraph 7#a7 the following3 7#b7 to the ,chief of the ,forest ,service to reforest ,national ,forest ,system land determined to be in need of active reforestation based on field surveys assessing regeneration potential1 in accordance with subsection 7f71 by planting-- 7,a7 to the maximum extent practicable1 #ge1jjj1jjj trees in each of calendar years #bjbc and #bjbe2 7,b7 to the maximum extent practicable1 #ajj1jjj1jjj trees in each of calendar years #bjbe and #bjbf2 7,c7 to the maximum extent practicable1 #aej1jjj1jjj trees in each of calendar years #bjbg and #bjbh2 and 7,d7 to the maximum extent practicable1 #bjj1jjj1jjj trees in calendar year #bjbi and each calendar year thereafter2 7#c7 to carry out the ,reforest ,america ,grant ,program established under section #f of the ,cooperative ,forestry ,assistance ,act of #aigh2 7#d7 to carry out the urban wood programs established under section #ba of the ,cooperative ,forestry ,assistance ,act of #aigh2 7#e7 to operate the ,stewardship ,corps established under section #djicd of the ,climate ,stewardship ,act of #bjbj2 and 2 and 7,e7 in paragraph 7#f7 7as so redesignated71 by inserting for before properly2 and 7#c7 by adding at the end the following3 7e7 ,reforestation by ,secretary of the ,interior ,the ,secretary of the ,interior shall obligate such sums from the ,trust ,fund as are necessary to reforest1 in accordance with subsection 7f7-- 7#a7 by planting on land determined to be in need of active reforestation based on field surveys assessing regeneration potential and managed by the ,bureau of ,land ,management-- 7,a7 to the maximum extent practicable1 #be1jjj1jjj trees in each of calendar years #bjbc and #bjbd2 7,b7 to the maximum extent practicable1 #ej1jjj1jjj trees in each of calendar years #bjbe and #bjbf2 7,c7 to the maximum extent practicable1 #ge1jjj1jjj trees in each of calendar years #bjbg and #bjbh2 and 7,d7 to the maximum extent practicable1 #ajj1jjj1jjj trees in calendar year #bjbi and each calendar year thereafter2 and 7#b7 by planting on land that is in need of active reforestation and is managed by the ,bureau of ,indian ,affairs-- 7,a7 to the maximum extent practicable1 #ab1ejj1jjj trees in each of calendar years #bjbc and #bjbd2 7,b7 to the maximum extent practicable1 #be1jjj1jjj trees in each of calendar years #bjbe and #bjbf2 7,c7 to the maximum extent practicable1 #cg1ejj1jjj trees in each of calendar years #bjbg and #bjbh2 and 7,d7 to the maximum extent practicable1 #ej1jjj1jjj trees in calendar year #bjbi and each calendar year thereafter4 7f7 ,reforestation 7#a7 ,definition of connectivity ,in this subsection1 the term connectivity means the degree to which the landscape facilitates native species movement4 7#b7 ,reforestation 7,a7 ,in general ,reforestation under subsection 7d77#b7 and subsection 7e7 shall consist of ecologically based site preparation1 tree planting1 and subsequent management using practices that-- 7i7 are informed by climate change science and the importance of spatial pattern2 7ii7 enhance forest health1 resilience1 and biodiversity2 and 7iii7 reduce vulnerability to future forest mortality and catastrophic wildfire4 7,b7 ,post-wildfire reforestation ,in the case of reforestation under subsection 7d77#b7 and subsection 7e71 sums available in the ,trust ,fund shall not be used for post-wildfire salvage logging4 7#c7 ,priority ,in carrying out reforestation under subsection 7d77#b7 and subsection 7e71 the ,chief of the ,forest ,service and the ,secretary of the ,interior1 as applicable1 shall give priority to planting-- 7,a7 on land that was subject to a mortality event caused by a high intensity wildfire1 pest infestation1 invasive species1 or drought or other extreme weather2 7,b7 that will restore and maintain resilient landscapes2 7,c7 on land on which the planting provides increased habitat connectivity for wildlife2 and 7,d7 that will provide the largest potential long-term increase in carbon sequestration4 7g7 ,mandatory funding ,to carry out paragraphs 7#b7 through 7#e7 of subsection 7d7 and subsection 7e71 the ,secretary of the ,treasury shall transfer from the general fund of the ,treasury into the ,trust ,fund #d1ejj1jjj1jjj for fiscal year #bjbc and each fiscal year thereafter1 to remain available until expended4 4 7b7 ,regulations ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,agriculture and the ,secretary of the ,interior shall issue regulations necessary to carry out the amendments made by this section4 #djicb4 ,reforest ,america ,grant ,program ,the ,cooperative ,forestry ,assistance ,act of #aigh is amended by inserting after section #e 7#af ,u4,s4,c4 #bajc;a7 the following3 #f4 ,reforest ,america ,grant ,program 7a7 ,definitions ,in this section3 7#a7 ,community of color ,the term community of color means1 in a ,state1 a census block group in an urban area for which the aggregate percentage of residents who identify as ,black1 ,african-,american1 ,asian1 ,pacific ,islander1 ,hispanic1 ,latino1 other non-,white race1 or linguistically isolated is-- 7,a7 not less than #ej percent2 or 7,b7 is significantly higher than the ,state average4 7#b7 ,eligible cost ,the term eligible cost means1 with respect to a project of an eligible entity under the ,program-- 7,a7 the cost of implementing a reforestation project1 including by-- 7i7 planning and designing the reforestation activity1 including considering relevant science2 7ii7 establishing tree nurseries2 7iii7 purchasing trees2 and 7iv7 ecologically based site preparation1 including the labor and cost associated with the use of machinery2 7,b7 the cost of maintaining and monitoring planted trees for a period of up to #c years to ensure successful establishment of the trees2 7,c7 with respect to reforestation in an urban area under subsection 7e7 in a low income community that has an existing tree canopy cover of not more than #bj percent1 not more than #ej percent of the cost of the maintenance of any nearby tree canopy2 and 7,d7 any other relevant cost1 as determined by the ,secretary4 7#c7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,state agency2 7,b7 a local governmental entity2 7,c7 an ,indian ,tribe2 and 7,d7 a nonprofit organization4 7#d7 ,eligible land 7,a7 ,in general ,the term eligible land means-- 7i7 land owned in fee simple by an eligible entity-- 7,i7 7aa7 for which1 at the time of application to the ,program under subsection 7c71 the forest stocking level of the land is less than #be percent of regional norms for forest properties with comparable tree species and soil characteristics2 and 7bb7 that is in need of active reforestation due to events such as-- 7,,aa7 high intensity wildfire2 7,,bb7 pest infestation2 7,,cc7 invasive species2 and 7,,dd7 drought and other extreme weather2 or 7,,ii7 that was formerly forest land and has been abandoned or incompletely reclaimed from mining1 commercial development1 clearing for agriculture1 or other nonforest use2 and 7ii7 with respect to reforestation in an urban area under subsection 7e71 land in that urban area that is owned in fee simple by an eligible entity4 7,b7 ,exclusion ,the term eligible land does not include land on which the eligible entity conducted a timber harvest-- 7i7 not later than #e years before the date on which the eligible entity submits an application under subsection 7c72 and 7ii7 that resulted in a forest stocking level described in subparagraph 7,a77i77,i77aa74 7#e7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term ,indian tribe in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#f7 ,local governmental entity ,the term local governmental entity means any municipal government or county government with jurisdiction over local land use decisions4 7#g7 ,low income community ,the term low income community means any census block group in an urban area in which not less than #cj percent of the population lives below the poverty line 7as defined in section #fgc of the ,community ,services ,block ,grant ,act 7#db ,u4,s4,c4 #iijb774 7#h7 ,nonprofit organization ,the term nonprofit organization means an organization that-- 7,a7 is described in section #agj7;h77#c7 of the ,internal ,revenue ,code of #aihf2 and 7,b7 operates in accordance with #a or more of the purposes described in section #agj7;h77#d77;,a7 of that ,code4 7#i7 ,program ,the term ,program means the ,reforest ,america ,grant ,program established under subsection 7b77#a74 7#aj7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service4 7#aa7 ,urban area ,the term urban area means an area identified by the ,bureau of the ,census as an urban area in the most recent census4 7b7 ,establishment 7#a7 ,in general ,the ,secretary shall establish a program1 to be known as the ,reforest ,america ,grant ,program1 under which the ,secretary shall award grants to eligible entities to conduct projects to reforest eligible land in accordance with this section4 7#b7 ,reforestation ,in carrying out the ,program1 the ,secretary shall1 to the maximum extent practicable1 award sufficient grants each year to plant-- 7,a7 #ej1jjj1jjj trees in each of calendar years #bjbc and #bjbd2 7,b7 #ajj1jjj1jjj trees in each of calendar years #bjbe and #bjbf2 7,c7 #aej1jjj1jjj trees in each of calendar years #bjbg and #bjbh2 and 7,d7 #bej1jjj1jjj trees in calendar year #bjbi and each calendar year thereafter4 7c7 ,applications 7#a7 ,in general ,an eligible entity that seeks to receive a grant under the ,program shall submit an application at such time1 in such form1 and containing such information as the ,secretary may require1 including the information described in paragraph 7#b71 to-- 7,a7 the ,state forester or equivalent official of the ,state in which the eligible entity is located2 or 7,b7 in the case of an eligible entity that is an ,indian ,tribe1 an official of the governing body of the ,indian ,tribe4 7#b7 ,contents ,an application submitted under paragraph 7#a7 shall include-- 7,a7 the reason that the forest stocking level of the land is less than #be percent of regional norms for forest properties with comparable tree species and soil characteristics1 if applicable2 7,b7 the natural1 economic1 and environmental benefits of returning the eligible land to forested condition2 7,c7 an estimate of the annual carbon sequestration that will be achieved by the replanted forests1 using processes determined by the ,secretary2 7,d7 a reforestation plan that includes-- 7i7 a list of expected eligible costs2 7ii7 a description of the site preparation and the tree species to be planted2 7iii7 a description of the manner in which the design of the project is informed by climate change science and will enhance forest health1 resilience1 and biodiversity2 7iv7 an explanation of the manner in which the land will be maintained for #cf months after planting to ensure successful establishment2 and 7v7 an explanation of the manner in which the land will be managed later than #cf months after planting1 including whether that management shall include a timber harvest2 7,e7 in the case of an application for an urban reforestation project under subsection 7e7-- 7i7 a description of the manner in which the tree planting shall address disparities in local environmental quality1 such as lower tree canopy cover2 and 7ii7 a description of the anticipated community and stakeholder engagement in the project2 and 7,f7 any other relevant information required by the ,secretary4 7#c7 ,applications to ,secretary ,each official that receives an application under paragraph 7#a7 shall submit the application to the ,secretary with a description of the application and any other relevant information that the ,secretary may require4 7d7 ,priority 7#a7 ,definition of connectivity ,in this subsection1 the term connectivity means the degree to which the landscape facilitates native species movement4 7#b7 ,priority ,in awarding grants under the ,program1 the ,secretary shall give priority-- 7,a7 to projects that provide the largest potential increase in carbon sequestration per dollar2 7,b7 to projects that provide increased habitat connectivity for wildlife2 7,c7 to projects under which an eligible entity will enter into a contract or cooperative agreement with #a or more qualified youth or conservation corps 7as the term is defined in section #bjc of ,public ,law #ia-cgh 7commonly known as the ,youth ,conservation ,corps ,act of #aigj7 7#af ,u4,s4,c4 #agbb772 and 7,d7 in the case of urban reforestation projects under subsection 7e71 to projects that-- 7i7 are located in a community of color or a low-income community2 7ii7 are located in a neighborhood with poor local environmental quality1 including lower tree canopy cover and higher maximum daytime summer temperatures2 7iii7 are located in a neighborhood with high amounts of senior citizens or children2 7iv7 are located immediately adjacent to large numbers of residents2 7v7 will collaboratively engage neighbors and community members that will be closely affected by the tree planting in as many aspects of project development and implementation as possible2 and 7vi7 will employ a substantial percentage of the workforce locally1 with a focus on engaging unemployed and underemployed persons in communities of color and low-income communities4 7e7 ,urban reforestation 7#a7 ,in general ,in carrying out the ,program1 the ,secretary shall award sufficient grants each year to projects carried out in urban areas to plant1 to the maximum extent practicable-- 7,a7 #e1jjj1jjj trees in each of calendar years #bjbc through #bjbe2 7,b7 #aj1jjj1jjj trees in each of calendar years #bjbf through #bjbi2 and 7,c7 #ae1jjj1jjj trees in calendar year #bjcj and each calendar year thereafter4 7#b7 ,federal share ,the ,secretary shall award a grant to an eligible entity under the ,program to conduct a reforestation project in an urban area in an amount equal to not more than #ij percent of the cost of reforesting the eligible land1 as determined by the ,secretary4 7#c7 ,matching requirement ,as a condition of receiving a grant described in paragraph 7#b71 an eligible entity shall provide1 in cash or through in-kind contributions from non-,federal sources1 matching funds in an amount equal to not less than #aj percent of the cost of reforesting the eligible land1 as determined by the ,secretary4 7f7 ,prohibited conversion to nonforest use 7#a7 ,in general ,subject to paragraphs 7#b7 and 7#c71 an eligible entity that receives a grant under the ,program shall not sell or convert land that was reforested under the ,program to nonforest use4 7#b7 ,reimbursement of funds ,an eligible entity that receives a grant under this ,program and sells or converts land that was reforested under the ,program to nonforest use shall pay to the ,federal ,government an amount equal to the greater of-- 7,a7 the amount of the grant2 and 7,b7 the current appraised value of timber stocks on that land4 7#c7 ,loss of eligibility ,an eligible entity that receives a grant under this ,program and sells or converts land that was reforested under the ,program to nonforest use shall not be eligible for additional grants under the ,program4 7g7 ,costs 7#a7 ,federal share ,unless otherwise provided under this section1 the ,secretary shall award a grant to an eligible entity under the ,program in an amount equal to not more than #ge percent of the cost of reforesting the eligible land1 as determined by the ,secretary4 7#b7 ,matching requirement ,unless otherwise provided under this section1 as a condition of receiving a grant under the ,program1 an eligible entity shall provide1 in cash or through in-kind contributions from non-,federal sources1 matching funds in an amount equal to not less than #be percent of the cost of reforesting the eligible land1 as determined by the ,secretary4 7h7 ,planting survival ,an eligible entity that receives a grant under the ,program shall-- 7#a7 not later than #cf months after planting has been completed using the grant funds1 submit to the responsible ,state or ,tribal official1 as applicable1 a monitoring report that describes project implementation1 including the survival rate of all plantings made under the grant2 and 7#b7 if the survival rate reported in the monitoring report under paragraph 7#a7 is1 after #cf months1 less than the required minimum survival rate for the geographic area in which the planting is located1 as determined by a ,state forester or equivalent ,state or ,tribal official1 as applicable1 replant tree seedlings in a quantity equivalent to half of the original planting1 using comparable means to the original planting4 7i7 ,prevailing wage requirement ,any contractor or subcontractor entering into a service contract in connection with a project under the ,program shall-- 7#a7 be treated as a ,federal contractor or subcontractor for purposes of chapter #fg of title #da1 ,united ,states ,code 7commonly known as the ,mc,namara-,o',hara ,service ,contract ,act of #aife72 and 7#b7 pay each class of employee employed by the contractor or subcontractor wages and fringe benefits at rates in accordance with prevailing rates for the class in the locality1 or1 where a collective-bargaining agreement covers the employee1 in accordance with the rates provided for in the agreement1 including prospective wage increases provided for in the agreement4 7j7 ,report ,the ,secretary shall annually submit to the relevant committees of ,congress a report that describes the activities of the ,program1 including the total amount of carbon sequestered by replanted forests during the year covered by the report4 7k7 ,funding 7#a7 ,in general ,of the funds of the ,reforestation ,trust ,fund established under section #cjc of ,public ,law #if-dea 7#af ,u4,s4,c4 #afjf;a71 the ,secretary shall use such sums as are necessary to carry out the ,program4 7#b7 ,administrative costs and technical assistance ,of the funds used under paragraph 7#a71 the ,secretary shall allocate not more than #aj percent for each fiscal year to ,state foresters or equivalent officials1 including equivalent officials of ,indian ,tribes1 for administrative costs and technical assistance under the ,program4 4 #djicc4 ,urban wood programs 7a7 ,in general ,the ,cooperative ,forestry ,assistance ,act of #aigh 7#af ,u4,s4,c4 #baja et seq47 is amended by adding at the end the following3 #ba4 ,urban wood programs 7a7 ,definitions ,in this section3 7#a7 ,innovative urban wood product ,the term innovative urban wood product means a wood product that uses wood residues and byproducts from urban forest management1 building deconstruction1 and other related sources of wood generated in urban areas4 7#b7 ,secretary ,the term ,secretary means the ,secretary1 acting through the ,research and ,development ,deputy ,area and the ,state and ,private ,forestry ,deputy ,area of the ,forest ,service4 7#c7 ,wood product ,the term wood product includes-- 7,a7 building material made of wood2 7,b7 a durable home product made of wood2 and 7,c7 a woody residue used for bioenergy4 7b7 ,urban wood research and development program 7#a7 ,definition of eligible entity ,in this subsection1 the term eligible entity means-- 7,a7 a unit of ,state1 ,tribal1 or local government2 7,b7 a land-grant college or university 7as defined in section #adjd of the ,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg 7#g ,u4,s4,c4 #cajc77 or other institution of higher education2 7,c7 a nonprofit organization2 and 7,d7 any other entity1 as determined by the ,secretary4 7#b7 ,establishment ,the ,secretary shall establish a program to facilitate the use of innovative urban wood products in incorporated cities and towns in the ,united ,states by-- 7,a7 conducting performance-driven research and development relating to the potential sources and uses of urban wood products2 7,b7 providing education and technical assistance to eligible entities relating to the potential sources and uses of urban wood products2 and 7,c7 awarding grants under paragraph 7#e74 7#c7 ,collaboration ,in carrying out the program established under paragraph 7#b71 the ,secretary shall obtain input and guidance from1 and collaborate with-- 7,a7 the wood products industry2 7,b7 conservation organizations2 7,c7 community organizations2 and 7,d7 institutions of higher education4 7#d7 ,research and development1 education1 and technical assistance ,the ,secretary shall carry out subparagraphs 7,a7 and 7,b7 of paragraph 7#b7 at the ,forest ,products ,laboratory of the ,department of ,agriculture or through the ,state and ,private ,forestry ,deputy ,area in a manner that meets the needs of municipalities1 private companies1 trade and technical schools1 and other entities that work with urban wood4 7#e7 ,grants ,after obtaining input and guidance from the entities described in paragraph 7#c71 the ,secretary shall award grants on a competitive basis to eligible entities to conduct research and development and provide education and technical assistance that-- 7,a7 increases the use of urban wood2 and 7,b7 provides increased employment opportunities in the urban wood industry and related fields4 7#f7 ,priorities ,in carrying out the program established under paragraph 7#b71 the ,secretary shall give priority to projects and activities that-- 7,a7 7i7 identify new products that can be created from urban wood2 or 7ii7 improve on existing processes to produce innovative urban wood products with greater efficiency and quality2 7,b7 facilitate improved commercialization of innovative urban wood products2 7,c7 engage unemployed and underemployed persons in disadvantaged communities in worker training1 full-time employment1 and incubation of new commercial enterprises2 and 7,d7 increase the carbon mitigation benefit of the management of urban wood1 as measured by the lifecycle environmental footprint of a wood product or production process1 beginning with the collection of raw urban wood materials and ending with the manufacturing process4 7#g7 ,timeframe ,to the maximum extent practicable1 the measurable performance goals for the research and development1 education1 and technical assistance conducted under the program established under paragraph 7#b7 shall be achievable within a #aj-year timeframe beginning on the date of establishment of the program4 7c7 ,urban wood building competition ,beginning in fiscal year #bjbc1 the ,secretary shall carry out an annual competition1 in accordance with section #bd of the ,stevenson-,wydler ,technology ,innovation ,act of #aihj 7#ae ,u4,s4,c4 #cgai71 for-- 7#a7 innovative urban wood products and manufacturing processes2 or 7#b7 other innovative wood product demonstrations4 7d7 ,funding ,of the funds of the ,reforestation ,trust ,fund established under section #cjc of ,public ,law #if-dea 7#af ,u4,s4,c4 #afjf;a71 the ,secretary shall use #ce1jjj1jjj each fiscal year to carry out this section4 4 7b7 ,urban wood innovation grants ,section #hfdc of the ,agriculture ,improvement ,act of #bjah 7#g ,u4,s4,c4 #gfee;d7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by redesignating paragraph 7#b7 as paragraph 7#c72 and 7,b7 by inserting after paragraph 7#a7 the following3 7#b7 ,innovative urban wood product ,the term innovative urban wood product means a wood product that uses wood residues and byproducts from urban forest management1 building deconstruction1 and other related sources of wood generated in urban areas4 2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by striking 7,october #bj1 #bjae771 may and inserting the following3 7,october #bj1 #bjae77-- 7,a7 may 2 7,b7 in subparagraph 7,a7 7as so designated71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,b7 shall1 to the maximum extent practicable1 award #a or more wood innovation grants each year to eligible entities for the purpose of advancing the use of innovative urban wood products4 2 and 7#c7 in subsection 7c71 by striking under subsection 7b77#b7 and inserting for grants under subsection 7b77#a77;,a74 #djicd4 ,stewardship ,corps 7a7 ,in general ,the ,secretary of ,agriculture 7referred to in this section as the ,secretary71 in consultation with the ,secretary of the ,interior1 shall establish a civilian conservation corps1 to be known as the ,stewardship ,corps 7referred to in this section as the ,stewardship ,corps71 to provide youth from low-income communities1 indigenous communities1 and communities of color with the academic1 vocational1 and social skills necessary to pursue long term1 productive careers in the forest sector and the wetland restoration sector4 7b7 ,reforestation and restoration on ,federal land ,to the maximum extent practicable1 members of the ,stewardship ,corps shall perform-- 7#a7 7,a7 in each of calendar years #bjbc through #bjbg1 not less than #bj percent of the reforestation required under subsections 7d77#b7 and 7e7 of section #cjc of ,public ,law #if-dea 7#af ,u4,s4,c4 #afjf;a72 and 7,b7 in calendar years #bjbh and each calendar year thereafter1 not less than #dj percent of the reforestation described in subparagraph 7,a72 and 7#b7 7,a7 in each of calendar years #bjbc through #bjbg1 not less than #bj percent of the wetlands restoration required under section #djieg2 and 7,b7 in calendar year #bjbh and each calendar year thereafter1 not less than #dj percent of the wetlands restoration described in subparagraph 7,a74 7c7 ,duration of participation ,an individual shall serve in the ,stewardship ,corps for not more than #b years4 7d7 ,housing and care ,the ,secretary shall provide to each member of the ,stewardship ,corps housing1 subsistence1 clothing1 medical attention 7including hospitalization71 transportation1 and a cash allowance1 as determined necessary by the ,secretary4 7e7 ,compensation ,members of the ,stewardship ,corps shall be paid at a rate in accordance with the prevailing rate for a similar class of ,federal employees in the locality4 7f7 ,job placement ,the ,secretary shall assist members of the ,stewardship ,corps with obtaining employment in the forest sector and the wetlands restoration sector on the completion of service under the ,stewardship ,corps4 #c ,coastal wetland #djiea4 ,definitions ,in this part3 7#a7 ,administrator ,the term ,administrator means the ,under ,secretary of ,commerce for ,oceans and ,atmosphere and ,administrator of the ,national ,oceanic and ,atmospheric ,administration4 7#b7 ,coastal wetland ,the term coastal wetland means estuarine vegetated coastal habitat1 including salt marsh1 seagrass1 mangrove1 and other vegetated marine habitats4 7#c7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term ,indian tribe in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#d7 ,institution of higher education ,the term institution of higher education has the meaning given that term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 7#e7 ,natural infrastructure ,the term natural infrastructure means infrastructure that-- 7,a7 uses1 restores1 or emulates natural ecological processes2 and 7,b7 7i7 is created through the action of natural physical1 geological1 biological1 and chemical processes over time2 7ii7 is created by human design1 engineering1 and construction to emulate or act in concert with natural processes2 or 7iii7 involves the use of plants1 soils1 and other natural features1 including through the creation1 restoration1 or preservation of vegetated areas using materials appropriate to the area4 7#f7 ,nonprofit organization ,the term nonprofit organization means an organization that is described in section #eja7;c7 of the ,internal ,revenue ,code of #aihf and exempt from tax under section #eja7;a7 of such ,code4 7#g7 ,program ,the term ,program means the ,coastal and ,estuary ,resilience ,grant ,program as established by section #djibb4 7#h7 ,restoration ,the term restoration means renewing1 enhancing1 or replacing degraded1 damaged1 vulnerable1 or destroyed wetlands to improve the ecosystem function and resilience through active human intervention and action1 such as-- 7,a7 improving hydrological conditions 7such as by removing tidal barriers1 improving connectivity1 or changing water levels72 7,b7 altering sediment supply 7such as through the beneficial use of dredge material1 thin-layer spraying1 or reconnecting river sediment72 7,c7 changing salinity characteristics2 7,d7 improving water quality 7such as by reducing excess nutrients1 sedimentation1 or contaminants72 7,e7 planting of native plants1 removal of invasive species1 and other improved management practices2 7,f7 controlling erosion of wetland edges2 and 7,g7 enabling future inland migration as sea levels rise1 including through the enhancement of adjacent fresh water wetlands4 7#i7 ,state ,the term ,state means a ,state1 the ,district of ,columbia1 or any territory or possession of the ,united ,states4 #djieb4 ,coastal and ,estuary ,resilience ,grant ,program 7a7 ,establishment ,the ,secretary of ,commerce shall establish a program1 to be known as the ,coastal and ,estuary ,resilience ,grant ,program1 under which the ,secretary awards grants to entities that are eligible under subsection 7b7 to fund coastal wetland restoration projects that are eligible under subsection 7c74 7b7 ,eligible entities ,an entity is eligible to apply for a grant under the ,program if the entity is an institution of higher education1 a nonprofit organization1 a ,state or local government1 or an ,indian ,tribe4 7c7 ,eligible projects ,a project is eligible for a grant under the ,program if the project is designed to reduce net greenhouse gases through one of the following3 7#a7 ,the sequestration of additional carbon dioxide through-- 7,a7 the active restoration of degraded coastal wetland2 and 7,b7 the protection of threatened coastal wetland4 7#b7 ,the halting of ongoing carbon dioxide emissions1 and the resumption of the natural rate of carbon capture1 through the restoration of drained coastal wetland4 7#c7 ,the halting of ongoing methane emissions1 and the resumption of the natural rate of carbon storage1 through the restoration of formerly tidal wetland that has lost tidal connectivity and become fresh wetland 7commonly known as impounded wetland74 7d7 ,grant evaluation criteria ,in reviewing applications for grants under the ,program1 the ,secretary shall give priority to projects that exhibit the highest potential to-- 7#a7 mitigate greenhouse gas emissions by-- 7,a7 reducing greenhouse gas emissions2 or 7,b7 capturing and storing greenhouse gases2 7#b7 reinforce ecosystem resilience and adaptation by-- 7,a7 preparing for sea level rise in order to reduce vulnerability to sea level rise and erosion2 7,b7 supporting resilience against flooding and sea level rise2 or 7,c7 restoring or enhancing ecosystem function2 or 7#c7 provide economic and social co-benefits by-- 7,a7 reducing the potential impact and damage of storms on the built environment2 7,b7 advancing environmental justice by reducing the disproportionate impacts of environmental hazards on communities of color1 indigenous communities1 and low-income communities2 7,c7 providing jobs in coastal communities2 7,d7 including elements of natural infrastructure2 7,e7 incorporating collaborative partnerships2 or 7,f7 involving local communities in project planning and implementation4 7e7 ,matching funds 7#a7 ,inclusion in applications ,an eligible entity under subsection 7b7 may include in an application for a grant under the ,program a commitment to provide non-,federal resources 7including in-kind contributions and volunteer hours7 to match the amount of grant4 7#b7 ,consideration ,in reviewing an application for a grant under the ,program1 the ,secretary may consider the inclusion of a commitment under paragraph 7#a7 but may not require such a commitment as a condition of receiving a grant4 7f7 ,eligible costs ,a grant awarded under the ,program shall be available for all phases of the development1 implementation1 and monitoring of projects that are eligible under subsection 7c71 including-- 7#a7 preliminary community engagement1 planning1 and prioritization2 7#b7 preliminary design and site assessment1 including-- 7,a7 assessments of feasibility2 7,b7 planning2 and 7,c7 community engagement2 7#c7 final design and permitting2 7#d7 restoration and project implementation2 and 7#e7 monitoring1 reporting1 and stewardship4 7g7 ,reporting 7#a7 ,in general ,an entity that receives a grant under the ,program for a project shall-- 7,a7 collect data on the development and implementation of the project and stewardship following completion of the project2 and 7,b7 submit that data to the ,administrator for inclusion in the database required by section #djiec7;a74 7#b7 ,report after project completion ,not later than #a year after the completion of a project for which a grant is provided under the ,program1 the entity that received the grant shall submit to the ,administrator a report on the outputs1 outcomes1 and impacts of the project1 including with respect to-- 7,a7 the amount of area restored2 7,b7 the estimated net climate benefit2 7,c7 benefits to nearby communities2 and 7,d7 involvement of partners and communities4 7h7 ,monitoring ,the ,secretary shall establish guidelines providing for monitoring a project for which a grant is provided under the ,program for the #aj-year period after the grant is awarded4 7i7 ,role of ,national ,fish and ,wildlife ,foundation ,in carrying out the ,program1 the ,secretary may consult1 partner1 or otherwise coordinate with the ,national ,fish and ,wildlife ,foundation established by section #b7;a7 of the ,national ,fish and ,wildlife ,foundation ,establishment ,act 7#af ,u4,s4,c4 #cgja7;a774 #djiec4 ,data collection 7a7 ,database 7#a7 ,in general ,the ,administrator shall maintain a coastal wetland restoration database to collect information about projects that receive grants under the ,program4 7#b7 ,design ,the ,administrator shall design the database required by paragraph 7#a7 to collect performance metrics on the development and implementation of projects that receive grants under the ,program and stewardship following completion of such projects to evaluate the success of those projects and inform the design of future projects in an adaptive manner4 7#c7 ,included metrics ,the database required by paragraph 7#a7 shall include standardized metrics for reporting such as-- 7,a7 acres restored1 protected1 or created2 7,b7 habitat type2 7,c7 restoration technique2 7,d7 estimated net greenhouse gas reduction effect2 7,e7 jobs created2 7,f7 quantified ecosystem services2 and 7,g7 other metrics selected by the ,administrator4 7#d7 ,public availability ,the ,administrator shall make products of the database publicly available and disseminate important findings to the public4 7b7 ,inventory of coastal wetland ,the ,administrator shall compile an inventory of coastal wetland4 #djied4 ,outreach and technical assistance ,the ,administrator shall establish a technical assistance program to help entities outside of the ,national ,oceanic and ,atmospheric ,administration in all phases of coastal wetland restoration project work1 including outreach to potential applicants for grants under section #djieb4 #djiee4 ,annual restoration and funding 7a7 ,acreage requirements ,to the maximum extent practicable1 the ,secretary of ,commerce shall award grants under the ,program to conduct coastal wetland restoration on #a1ejj1jjj acres over #aj years1 as follows3 7#a7 ,on #ej1jjj acres in each of fiscal years #bjbc and #bjbd4 7#b7 ,on #ajj1jjj acres in each of fiscal years #bjbe and #bjbf4 7#c7 ,on #aej1jjj acres in each of fiscal years #bjbg and #bjbh4 7#d7 ,on #bbe1jjj acres in fiscal year #bjbi and each fiscal year thereafter4 7b7 ,funding 7#a7 ,in general ,on ,october #a of each fiscal year1 out of any funds in the ,treasury not otherwise appropriated1 the ,secretary of the ,treasury shall transfer to the ,secretary of ,commerce to provide grants under the ,program1 to remain available until expended-- 7,a7 #a1bej1jjj1jjj for each of fiscal years #bjbc and #bjbd2 7,b7 #b1ejj1jjj1jjj for each of fiscal years #bjbe and #bjbf2 7,c7 #c1gej1jjj1jjj for each of fiscal years #bjbg and #bjbh2 and 7,d7 #e1fbe1jjj1jjj for each of fiscal years #bjbi through #bjcb4 7#b7 ,receipt and acceptance ,the ,secretary of ,commerce shall be entitled to receive1 shall accept1 and shall use to provide grants under the ,program in accordance with paragraph 7#a7 the funds transferred under that paragraph1 without further appropriation4 7c7 ,supplement not supplant ,the amount authorized to be appropriated by subsection 7a7 shall supplement and not supplant other amounts available to the ,secretary of ,commerce4 #djief4 ,prevailing wage requirement ,any contractor or subcontractor entering into a service contract in connection with a project under the ,program shall-- 7#a7 be treated as a ,federal contractor or subcontractor for purposes of chapter #fg of title #da1 ,united ,states ,code 7commonly known as the ,mc,namara-,o',hara ,service ,contract ,act of #aife72 and 7#b7 pay each class of employee employed by the contractor or subcontractor wages and fringe benefits at rates in accordance with prevailing rates for the class in the locality1 or1 where a collective-bargaining agreement covers the employee1 in accordance with the rates provided for in the agreement1 including prospective wage increases provided for in the agreement4 #djieg4 ,department of the ,interior coastal wetland restoration2 funding 7a7 ,in general ,the ,secretary of the ,interior shall conduct coastal wetland restoration on land managed by the ,secretary of the ,interior to achieve at least #a of the following3 7#a7 ,the sequestration of additional carbon dioxide through-- 7,a7 the active restoration of degraded coastal wetland2 and 7,b7 the protection of threatened coastal wetland4 7#b7 ,the halting of ongoing carbon dioxide emissions1 and the resumption of the natural rate of carbon capture1 through the restoration of drained coastal wetland4 7#c7 ,the halting of ongoing methane emissions1 and the resumption of the natural rate of carbon storage1 through the restoration of formerly tidal wetland that has lost tidal connectivity and become fresh wetland 7commonly known as impounded wetland74 7b7 ,acreage requirements ,to the maximum extent practicable1 the ,secretary of the ,interior shall conduct coastal wetland restoration under subsection 7a7-- 7#a7 on land managed by the ,director of the ,united ,states ,fish and ,wildlife ,service-- 7,a7 on #aj1jjj acres in each of fiscal years #bjbc and #bjbd2 7,b7 on #bj1jjj acres in each of fiscal years #bjbe and #bjbf2 and 7,c7 on #cj1jjj acres in fiscal year #bjbg and each fiscal year thereafter2 and 7#b7 on land managed by the ,director of the ,national ,park ,service-- 7,a7 on #aj1jjj acres in each of fiscal years #bjbc and #bjbd2 7,b7 on #bj1jjj acres in each of fiscal years #bjbe and #bjbf2 7,c7 on #dj1jjj acres in each of fiscal years #bjbg and #bjbh2 7,d7 on #hj1jjj acres in each of fiscal years #bjbi and #bjcj2 and 7,e7 on #afj1jjj acres in fiscal year #bjca and each fiscal year thereafter4 7c7 ,funding 7#a7 ,in general ,on ,october #a of each fiscal year1 out of any funds in the ,treasury not otherwise appropriated1 the ,secretary of the ,treasury shall transfer to the ,secretary of the ,interior to carry out this section1 to remain available until expended-- 7,a7 for coastal wetland restoration on land managed by the ,director of the ,united ,states ,fish and ,wildlife ,service-- 7i7 #bej1jjj1jjj for each of fiscal years #bjbc and #bjbd2 7ii7 #ejj1jjj1jjj for each of fiscal years #bjbe and #bjbf2 and 7iii7 #gej1jjj1jjj for each of fiscal years #bjbg through #bjcb2 and 7,b7 for coastal wetland restoration on land managed by the ,director of the ,national ,park ,service-- 7i7 #bej1jjj1jjj for each of fiscal years #bjbc and #bjbd2 7ii7 #ejj1jjj1jjj for each of fiscal years #bjbe and #bjbf2 7iii7 #a1jjj1jjj1jjj for each of fiscal years #bjbg and #bjbh2 7iv7 #b1jjj1jjj1jjj for each of fiscal years #bjbi and #bjcj2 and 7v7 #d1jjj1jjj1jjj for each of fiscal years #bjca and #bjcb4 7#b7 ,receipt and acceptance ,the ,secretary of the ,interior shall be entitled to receive1 shall accept1 and shall use to carry out this section in accordance with paragraph 7#a7 the funds transferred under that paragraph1 without further appropriation4 ,j ,clean ,air ,sharp ,minds ,act #dajja4 ,short title ,this subtitle may be cited as the ,clean ,air ,sharp ,minds ,act4 #dajjb4 ,purposes ,the purposes of this subtitle are-- 7#a7 to improve the health and academic achievement of students in highly polluted environments2 7#b7 to demonstrate the impacts of clean air at school on student learning and well-being2 and 7#c7 to support the ,nation's schools to advance environmental justice4 #dajjc4 ,findings ,congress finds the following3 7#a7 ,substantial research demonstrates that air pollution negatively impacts health and cognition4 7#b7 ,more than #a in #e public schools in the ,united ,states are located within a mile of a toxic release site4 ,nearly #a in #aa public schools1 serving #d1djj1jjj students1 are less than #ejj feet from a major road4 7#c7 ,according to a #bjag report1 #d percent of schools serving predominantly ,white students are next to major roads1 while #ae percent of schools serving largely students of color are next to major roads4 7#d7 ,indoor levels of air pollutants can be #b to #e times higher1 and sometimes #ajj times higher1 than outdoor levels4 ,in #bjad1 nearly half of schools in the ,united ,states reported having problems related to indoor air quality4 7#e7 ,schools in poor repair may have additional air quality problems1 including lead1 asbestos1 dust1 and radon contamination4 7#f7 ,poor indoor air quality increases the risk of severe asthma attacks and allergic reactions4 ,asthma is the leading cause of missed school days in the ,united ,states4 7#g7 ,high-performance air filters can decrease indoor particulate matter by #ij percent4 7#h7 ,research demonstrates the potential for school air filters to improve student learning4 ,in #bjaf1 commercial air filters were installed in every classroom1 office1 and common area of #ah public schools in ,los ,angeles4 ,controlling for student demographics1 mathematics test scores at these schools improved dramatically1 nearly matching the impact of reducing class sizes by a third1 and gains persisted the following the year4 #dajjd4 ,definitions ,in this subtitle3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,commercial air filter ,the term commercial air filter means an air filter unit that-- 7,a7 removes particulate matter 7including mold1 smoke1 dust1 lead1 soot1 and allergens from pests7 and gaseous pollutants 7including carbon monoxide1 sulfur dioxide1 and volatile organic compounds72 7,b7 does not produce any ozone2 7,c7 meets the ,american ,society of ,heating1 ,refrigerating1 and ,air-,conditioning ,engineers 7,,ashrae7 ,minimum ,efficiency ,reporting ,value 7,,merv7 of #ac 7or the equivalent1 using a different rating system72 and 7,d7 contains activated carbon 7charcoal7 and a ,,hepa particle filter4 7#c7 ,eligible school ,the term eligible school means a public elementary school or secondary school1 as such terms are defined in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#d7 ,environmental justice ,the term environmental justice means the fair treatment and meaningful involvement of all individuals1 regardless of race1 color1 national origin1 educational level1 or income1 with respect to the development1 implementation1 and enforcement of environmental laws1 regulations1 and policies to ensure that-- 7,a7 populations of color1 communities of color1 indigenous communities1 and low-income communities have access to public information and opportunities for meaningful public participation relating to human health and environmental planning1 regulations1 and enforcement2 7,b7 no population of color or community of color1 indigenous community1 or low-income community shall be exposed to a disproportionate burden of the negative human health and environmental impacts of pollution or other environmental hazards2 and 7,c7 the #ag ,principles of ,environmental ,justice1 written and adopted at the ,first ,national ,people of ,color ,environmental ,leadership ,summit held on ,october #bd through #bg1 #aiia1 in ,washington1 ,,dc1 are upheld4 7#e7 ,secretary ,the term ,secretary means the ,secretary of ,education4 #dajje4 ,demonstration program authorized 7a7 ,in ,general ,not later than #f months after the date of enactment of this ,act1 the ,secretary and the ,administrator shall enter into a memorandum of understanding to jointly administer the ,school ,air ,filters ,demonstration ,program described in this section for a #c-year period4 7b7 ,selection of eligible schools 7#a7 ,selection of eligible schools ,not later than #ab months after the date of enactment of this ,act1 the ,secretary and the ,administrator shall select a minimum of #age eligible schools to participate in the ,school ,air ,filters ,demonstration ,program4 7#b7 ,priority ,in selecting eligible schools under this subsection1 the ,secretary and the ,administrator shall do so with the purpose of advancing environmental justice1 giving priority-- 7,a7 first1 to eligible schools that are located in a nonattainment area for ,,pm#b4e1 ,,pm#aj1 or ozone2 7,b7 second1 to eligible schools that have school facilities that pose a severe health and safety threat to students and staff2 and 7,c7 third1 to eligible schools that have a high concentration of students from a low-income family4 7#c7 ,considerations in selection ,in selecting eligible schools under this subsection1 the ,secretary and the ,administrator-- 7,a7 shall seek to select eligible schools that represent-- 7i7 a mix of elementary schools1 middle schools1 and high schools2 and 7ii7 a mix of urban1 suburban1 and rural schools2 and 7,b7 may consider any other eligibility requirements that the ,secretary and the ,administrator determine are necessary to carry out the purposes of this subtitle4 7c7 ,agreement ,to participate ,the ,secretary and the ,administrator shall seek to enter into a written agreement with each eligible school selected under subsection 7b7 to ensure that the eligible school desires to participate in the ,school ,air ,filters ,demonstration ,program4 ,the ,secretary and the ,administrator shall carry out the activities under subsection 7d7 only with respect to participating eligible schools that enter into such an agreement4 7d7 ,use of funds 7#a7 ,in ,general ,the ,secretary and the ,administrator shall-- 7,a7 purchase commercial air filters for the buildings of each participating eligible school2 7,b7 install a commercial air filter in every classroom1 office1 and common area that students access in each such school2 7,c7 maintain those air filters for a period of #c years1 including by ensuring the replacement of the internal carbon filters of those air filters according to a frequency as indicated by the manufacturer2 7,d7 provide technical support to eligible schools participating in the program1 including training school staff on how to properly use the air filters2 and 7,e7 using not more than #c4e percent of the funds appropriated under subsection 7f71 collect1 analyze1 and submit data that is necessary for the report and evaluation described in subsection 7e74 7#b7 ,use of contractor 7,a7 ,in ,general ,subject to subparagraph 7,b71 the activities described in subparagraphs 7,b7 and 7,c7 of paragraph 7#a7 may be carried out by an entity that-- 7i7 has a contract to do so with the ,administrator2 and 7ii7 has a ,state or local license or certification from a relevant professional organization allowing the entity to install and maintain air filter units4 7,b7 ,collective bargaining agreement ,notwithstanding subparagraph 7,a71 if a school or local educational agency's collective bargaining agreement stipulates that a school staff member carry out the activities described in subparagraphs 7,b7 or 7,c7 of paragraph 7#a71 the ,administrator shall coordinate with the local educational agency to arrange for school staff to carry out those activities4 ,nothing in this subtitle shall be construed to interfere with a collective bargaining agreement4 7e7 ,reports and evaluation 7#a7 ,annual reports ,the ,secretary and the ,administrator shall prepare and submit to ,congress an annual report containing-- 7,a7 metrics that demonstrate the indoor air quality 7at a minimum1 ,,pm#b4e levels1 as well as any other air pollutants that the ,administrator determines necessary to test7 at #c locations within each participating eligible school before installation of the commercial air filters1 and subsequently twice per academic year1 ensuring that the locations of that testing are kept consistent for each test72 7,b7 the pollutants that are captured by the air filters at participating eligible schools1 as determined by annual tests conducted on the used air filters2 7,c7 metrics that demonstrate the academic outcomes of students at each participating eligible school 7including standardized test scores72 7,d7 rates of suspension at each participating eligible school2 and 7,e7 rates of school absence by students at each participating eligible school1 including rates of school absence relating to asthma and other health measures4 7#b7 ,evaluation ,at the end of the #c-year ,school ,air ,filters ,demonstration ,program1 the ,secretary and the ,administrator shall prepare and submit a report to ,congress that includes an evaluation of the effectiveness of the ,school ,air ,filters ,demonstration ,program1 including an analysis of the impact of the commercial air filters on student academic achievement and well-being1 and on the program's potential to advance environmental justice4 ,the evaluation shall include recommendations based on the findings from the ,school ,air ,filters ,demonstration ,program4 7f7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this subtitle #bj1jjj1jjj for fiscal year #bjbc4 ,k ,environmental ,justice ,act of #bjbj #dbjja4 ,short title ,this subtitle may be cited as the ,environmental ,justice ,act of #bjbj4 #dbjjb4 ,purposes ,the purposes of this subtitle are-- 7#a7 to require ,federal agencies to address and eliminate the disproportionate environmental and human health impacts on populations of color1 communities of color1 indigenous communities1 and low-income communities2 7#b7 to ensure that all ,federal agencies develop and enforce rules1 regulations1 guidance1 standards1 policies1 plans1 and practices that promote environmental justice2 7#c7 to increase cooperation and require coordination among ,federal agencies in achieving environmental justice2 7#d7 to provide to communities of color1 indigenous communities1 and low-income communities meaningful access to public information and opportunities for participation in decision making affecting human health and the environment2 7#e7 to mitigate the inequitable distribution of the burdens and benefits of ,federal programs having significant impacts on human health and the environment2 7#f7 to require consideration of cumulative impacts in permitting decisions2 7#g7 to clarify congressional intent to afford rights of action pursuant to certain statutes and common law claims2 and 7#h7 to allow a private right of action under title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq47 to challenge discriminatory practices4 #dbjjc4 ,definitions ,in this subtitle3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,community of color ,the term community of color means any geographically distinct area the population of color of which is higher than the average population of color of the ,state in which the community is located4 7#c7 ,community-based science ,the term community-based science means voluntary public participation in the scientific process and the incorporation of data and information generated outside of traditional institutional boundaries to address real-world problems in ways that may include formulating research questions1 conducting scientific experiments1 collecting and analyzing data1 interpreting results1 making new discoveries1 developing technologies and applications1 and solving complex problems1 with an emphasis on the democratization of science and the engagement of diverse people and communities4 7#d7 ,environmental justice ,the term environmental justice means the fair treatment and meaningful involvement of all individuals1 regardless of race1 color1 national origin1 educational level1 or income1 with respect to the development1 implementation1 and enforcement of environmental laws1 regulations1 and policies to ensure that-- 7,a7 populations of color1 communities of color1 indigenous communities1 and low-income communities have access to public information and opportunities for meaningful public participation relating to human health and environmental planning1 regulations1 and enforcement2 7,b7 no population of color or community of color1 indigenous community1 or low-income community shall be exposed to a disproportionate burden of the negative human health and environmental impacts of pollution or other environmental hazards2 and 7,c7 the #ag ,principles of ,environmental ,justice written and adopted at the ,first ,national ,people of ,color ,environmental ,leadership ,summit held on ,october #bd through #bg1 #aiia1 in ,washington1 ,,dc1 are upheld4 7#e7 ,federal agency ,the term ,federal agency means-- 7,a7 each ,federal agency represented on the ,working ,group2 and 7,b7 any other ,federal agency that carries out a ,federal program or activity that substantially affects human health or the environment1 as determined by the ,president4 7#f7 ,fenceline community ,the term fenceline community means a population living in close proximity to a source of pollution4 7#g7 ,indigenous community ,the term indigenous community means-- 7,a7 a federally recognized ,indian ,tribe2 7,b7 a ,state-recognized ,indian ,tribe2 7,c7 an ,alaska ,native or ,native ,hawaiian community or organization2 and 7,d7 any other community of indigenous people1 including communities in other countries4 7#h7 ,infrastructure ,the term infrastructure means any system for safe drinking water1 sewer collection1 solid waste disposal1 electricity generation1 communication1 or transportation access 7including highways1 airports1 marine terminals1 rail systems1 and residential roads7 that is used to effectively and safely support-- 7,a7 housing2 7,b7 an educational facility2 7,c7 a medical provider2 7,d7 a park or recreational facility2 or 7,e7 a local businesses4 7#i7 ,low income ,the term low income means an annual household income equal to1 or less than1 the greater of-- 7,a7 an amount equal to #hj percent of the median income of the area in which the household is located1 as reported by the ,department of ,housing and ,urban ,development2 and 7,b7 #bjj percent of the ,federal poverty line4 7#aj7 ,low-income community ,the term low-income community means any census block group in which #cj percent or more of the population are individuals with low income4 7#aa7 ,meaningful ,the term meaningful1 with respect to involvement by the public in a determination by a ,federal agency1 means that-- 7,a7 potentially affected residents of a community have an appropriate opportunity to participate in decisions regarding a proposed activity that will affect the environment or public health of the community2 7,b7 the public contribution can influence the determination by the ,federal agency2 7,c7 the concerns of all participants involved are taken into consideration in the decision-making process2 and 7,d7 the ,federal agency-- 7i7 provides to potentially affected members of the public accurate information2 and 7ii7 facilitates the involvement of potentially affected members of the public4 7#ab7 ,population of color ,the term population of color means a population of individuals who identify as-- 7,a7 ,black2 7,b7 ,african ,american2 7,c7 ,asian2 7,d7 ,pacific ,islander2 7,e7 another non,white race2 7,f7 ,hispanic2 7,g7 ,latino2 or 7,h7 linguistically isolated4 7#ac7 ,publish ,the term publish means to make publicly available in a form that is-- 7,a7 generally accessible1 including on the internet and in public libraries2 and 7,b7 accessible for-- 7i7 individuals who are limited in ,english proficiency1 in accordance with ,executive ,order #acaff 7#fe ,fed4 ,reg4 #ejaba 7,august #af1 #bjjj772 and 7ii7 individuals with disabilities4 7#ad7 ,working ,group ,the term ,working ,group means the interagency ,federal ,working ,group on ,environmental ,justice convened under section #a-ajb of ,executive ,order #abhih 7#db ,u4,s4,c4 #dcba note71 as amended by ,executive ,order #abidh 7#fj ,fed4 ,reg4 #fcha 7,january #cj1 #aiie77 and modified by section #dbjjd4 #dbjjd4 ,interagency ,federal ,working ,group on ,environmental ,justice 7a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,administrator shall convene1 as appropriate to carry out this section1 the ,working ,group4 7b7 ,requirements 7#a7 ,composition ,the ,working ,group shall be comprised of the following 7or a designee73 7,a7 ,the ,secretary of ,agriculture4 7,b7 ,the ,secretary of ,commerce4 7,c7 ,the ,secretary of ,defense4 7,d7 ,the ,secretary of ,energy4 7,e7 ,the ,secretary of ,health and ,human ,services4 7,f7 ,the ,secretary of ,homeland ,security4 7,g7 ,the ,secretary of ,housing and ,urban ,development4 7,h7 ,the ,secretary of the ,interior4 7,i7 ,the ,secretary of ,labor4 7,j7 ,the ,secretary of ,transportation4 7,k7 ,the ,attorney ,general4 7,l7 ,the ,administrator4 7,m7 ,the ,director of the ,office of ,environmental ,justice4 7,n7 ,the ,chairman of the ,consumer ,product ,safety ,commission4 7,o7 ,the ,chairperson of the ,chemical ,safety ,board4 7,p7 ,the ,director of the ,office of ,management and ,budget4 7,q7 ,the ,director of the ,office of ,science and ,technology ,policy4 7,r7 ,the ,chair of the ,council on ,environmental ,quality4 7,s7 ,the ,assistant to the ,president for ,domestic ,policy4 7,t7 ,the ,director of the ,national ,economic ,council4 7,u7 ,the ,chairman of the ,council of ,economic ,advisers4 7,v7 ,such other ,federal officials as the ,president may designate4 7#b7 ,functions ,the ,working ,group shall-- 7,a7 report to the ,president through the ,chair of the ,council on ,environmental ,quality and the ,assistant to the ,president for ,domestic ,policy2 7,b7 provide guidance to ,federal agencies regarding criteria for identifying disproportionately high and adverse human health or environmental effects-- 7i7 on populations of color1 communities of color1 indigenous communities1 and low-income communities2 and 7ii7 on the basis of race1 color1 national origin1 or income2 7,c7 coordinate with1 provide guidance to1 and serve as a clearinghouse for1 each ,federal agency with respect to the implementation and updating of an environmental justice strategy required under this ,act1 in order to ensure that the administration1 interpretation1 and enforcement of programs1 activities1 and policies are carried out in a consistent manner2 7,d7 assist in coordinating research by1 and stimulating cooperation among1 the ,environmental ,protection ,agency1 the ,department of ,health and ,human ,services1 the ,department of ,housing and ,urban ,development1 and other ,federal agencies conducting research or other activities in accordance with this subtitle2 7,e7 identify1 based in part on public recommendations contained in ,federal agency progress reports1 important areas for ,federal agencies to take into consideration and address1 as appropriate1 in environmental justice strategies and other efforts2 7,f7 assist in coordinating data collection and maintaining and updating appropriate databases1 as required by this subtitle2 7,g7 examine existing data and studies relating to environmental justice2 7,h7 hold public meetings and otherwise solicit public participation under paragraph 7#c72 and 7,i7 develop interagency model projects relating to environmental justice that demonstrate cooperation among ,federal agencies4 7#c7 ,public participation ,the ,working ,group shall-- 7,a7 hold public meetings or otherwise solicit public participation and community-based science for the purpose of fact-finding with respect to the implementation of this subtitle2 and 7,b7 prepare for public review and publish a summary of any comments and recommendations provided4 7c7 ,judicial review and rights of action ,any person may commence a civil action-- 7#a7 to seek relief from1 or to compel1 an agency action under this section 7including regulations promulgated pursuant to this section72 or 7#b7 otherwise to ensure compliance with this section 7including regulations promulgated pursuant to this section74 #dbjje4 ,federal agency actions to address environmental justice 7a7 ,federal agency responsibilities 7#a7 ,environmental justice mission ,to the maximum extent practicable and permitted by applicable law1 each ,federal agency shall make achieving environmental justice part of the mission of the ,federal agency by identifying1 addressing1 and mitigating disproportionately high and adverse human health or environmental effects of the programs1 policies1 and activities of the ,federal agency on populations of color1 communities of color1 indigenous communities1 and low-income communities in the ,united ,states 7including the territories and possessions of the ,united ,states and the ,district of ,columbia74 7#b7 ,nondiscrimination ,each ,federal agency shall conduct any program1 policy1 or activity that substantially affects human health or the environment in a manner that ensures that the program1 policy1 or activity does not have the effect of excluding any individual or group from participation in1 denying any individual or group the benefits of1 or subjecting any individual or group to discrimination under1 the program1 policy1 or activity because of race1 color1 or national origin4 7#c7 ,strategies 7,a7 ,agencywide strategies ,each ,federal agency shall implement and update1 not less frequently than annually1 an agencywide environmental justice strategy that identifies disproportionally high and adverse human health or environmental effects of the programs1 policies1 spending1 and other activities of the ,federal agency with respect to populations of color1 communities of color1 indigenous communities1 and low-income communities1 including1 as appropriate for the mission of the ,federal agency1 with respect to the following areas3 7i7 ,implementation of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7ii7 ,implementation of title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq47 7including regulations promulgated pursuant to that title74 7iii7 ,implementation of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaba et seq474 7iv7 ,impacts from the lack of infrastructure1 or from deteriorated infrastructure4 7v7 ,impacts from land use4 7vi7 ,impacts from climate change4 7vii7 ,impacts from commercial transportation4 7,b7 ,revisions 7i7 ,in general ,each strategy developed and updated pursuant to subparagraph 7,a7 shall identify programs1 policies1 planning and public participation processes1 rulemaking1 agency spending1 and enforcement activities relating to human health or the environment that may be revised1 at a minimum-- 7,i7 to promote enforcement of all health1 environmental1 and civil rights laws and regulations in areas containing populations of color1 communities of color1 indigenous communities1 and low-income communities2 7,,ii7 to ensure greater public participation2 7,,iii7 to provide increased access to infrastructure2 7,,iv7 to improve research and data collection relating to the health and environment of populations of color1 communities of color1 indigenous communities1 and low-income communities1 including through the increased use of community-based science2 and 7,v7 to identify differential patterns of use of natural resources among populations of color1 communities of color1 indigenous communities1 and low-income communities4 7ii7 ,timetables ,each strategy implemented and updated pursuant to subparagraph 7,a7 shall include a timetable for undertaking revisions identified pursuant to clause 7i74 7,c7 ,progress reports ,not later than #a year after the date of enactment of this ,act1 and not less frequently than once every #e years thereafter1 each ,federal agency shall submit to ,congress and the ,working ,group1 and shall publish1 a progress report that includes1 with respect to the period covered by the report-- 7i7 a description of the current environmental justice strategy of the ,federal agency2 7ii7 an evaluation of the progress made by the ,federal agency at national and regional levels regarding implementation of the environmental justice strategy1 including-- 7,i7 metrics used by the ,federal agency to measure performance2 and 7,,ii7 the progress made by the ,federal agency toward-- 7aa7 the achievement of the metrics described in subclause 7,i72 and 7bb7 mitigating identified instances of environmental injustice2 7iii7 a description of the participation by the ,federal agency in interagency collaboration2 7iv7 responses to recommendations submitted by members of the public to the ,federal agency relating to the environmental justice strategy of the ,federal agency and the implementation by the ,federal agency of this subtitle2 and 7v7 any updates or revisions to the environmental justice strategy of the ,federal agency1 including those resulting from public comments4 7#d7 ,public participation ,each ,federal agency shall-- 7,a7 ensure that meaningful opportunities exist for the public to submit comments and recommendations relating to the environmental justice strategy1 progress reports1 and ongoing efforts of the ,federal agency to incorporate environmental justice principles into the programs1 policies1 and activities of the ,federal agency2 7,b7 hold public meetings or otherwise solicit public participation and community-based science from populations of color1 communities of color1 indigenous communities1 and low-income communities for fact-finding1 receiving public comments1 and conducting inquiries concerning environmental justice2 and 7,c7 prepare for public review and publish a summary of the comments and recommendations provided4 7#e7 ,access to information ,each ,federal agency shall-- 7,a7 publish public documents1 notices1 and hearings relating to the programs1 policies1 and activities of the ,federal agency that affect human health or the environment2 and 7,b7 translate and publish any public documents1 notices1 and hearings relating to an action of the ,federal agency as appropriate for the affected population1 specifically in any case in which a limited ,english-speaking population may be disproportionately affected by that action4 7#f7 ,codification of guidance 7,a7 ,council on ,environmental ,quality ,notwithstanding any other provision of law1 sections ,,ii and ,,iii of the guidance issued by the ,council on ,environmental ,quality entitled ,environmental ,justice ,guidance ,under the ,national ,environmental ,policy ,act and dated ,december #aj1 #aiig1 are enacted into law4 7,b7 ,environmental ,protection ,agency ,notwithstanding any other provision of law1 the guidance issued by the ,environmental ,protection ,agency entitled ,,epa ,policy on ,consultation and ,coordination with ,indian ,tribes3 ,guidance for ,discussing ,tribal ,treaty ,rights and dated ,february #bjaf is enacted into law4 7b7 ,human health and environmental research1 data collection1 and analysis 7#a7 ,research ,each ,federal agency1 to the maximum extent practicable and permitted by applicable law1 shall-- 7,a7 in conducting environmental or human health research1 include diverse segments of the population in epidemiological and clinical studies1 including segments at high risk from environmental hazards1 such as-- 7i7 populations of color1 communities of color1 indigenous communities1 populations with low income1 and low-income communities2 7ii7 fenceline communities2 and 7iii7 workers who may be exposed to substantial environmental hazards2 7,b7 in conducting environmental or human health analyses1 identify multiple and cumulative exposures2 and 7,c7 actively encourage and solicit community-based science1 and provide to populations of color1 communities of color1 indigenous communities1 populations with low income1 and low-income communities the opportunity to comment regarding the development and design of research strategies carried out pursuant to this subtitle4 7#b7 ,disproportionate impact ,to the maximum extent practicable and permitted by applicable law 7including section #eeb;a of title #e1 ,united ,states ,code 7commonly known as the ,privacy ,act771 each ,federal agency shall-- 7,a7 collect1 maintain1 and analyze information assessing and comparing environmental and human health risks borne by populations identified by race1 national origin1 or income2 and 7,b7 use that information to determine whether the programs1 policies1 and activities of the ,federal agency have disproportionally high and adverse human health or environmental effects on populations of color1 communities of color1 indigenous communities1 and low-income communities4 7#c7 ,information relating to non-,federal facilities ,in connection with the implementation of ,federal agency strategies under subsection 7a77#c71 each ,federal agency1 to the maximum extent practicable and permitted by applicable law1 shall collect1 maintain1 and analyze information relating to the race1 national origin1 and income level1 and other readily accessible and appropriate information1 for fenceline communities in proximity to any facility or site expected to have a substantial environmental1 human health1 or economic effect on the surrounding populations1 if the facility or site becomes the subject of a substantial ,federal environmental administrative or judicial action4 7#d7 ,impact from ,federal facilities ,each ,federal agency1 to the maximum extent practicable and permitted by applicable law1 shall collect1 maintain1 and analyze information relating to the race1 national origin1 and income level1 and other readily accessible and appropriate information1 for fenceline communities in proximity to any facility of the ,federal agency that is-- 7,a7 subject to the reporting requirements under the ,emergency ,planning and ,community ,right-to-,know ,act of #aihf 7#db ,u4,s4,c4 #aajja et seq471 as required by ,executive ,order #abhih 7#db ,u4,s4,c4 #dcba note72 and 7,b7 expected to have a substantial environmental1 human health1 or economic effect on surrounding populations4 7c7 ,consumption of fish and wildlife 7#a7 ,in general ,each ,federal agency shall develop1 publish 7unless prohibited by law71 and revise1 as practicable and appropriate1 guidance on actions of the ,federal agency that will impact fish and wildlife consumed by populations that principally rely on fish or wildlife for subsistence4 7#b7 ,requirement ,the guidance described in paragraph 7#a7 shall-- 7,a7 reflect the latest scientific information available concerning methods for evaluating the human health risks associated with the consumption of pollutant-bearing fish or wildlife2 and 7,b7 publish the risks of such consumption patterns4 7d7 ,mapping and screening tool ,the ,administrator shall continue to make available to the public an environmental justice mapping and screening tool 7such as ,e,j,screen or an equivalent tool7 that includes1 at a minimum1 the following features3 7#a7 ,nationally consistent data4 7#b7 ,environmental data4 7#c7 ,demographic data1 including data relating to race1 ethnicity1 and income4 7#d7 ,capacity to produce maps and reports by geographical area4 7e7 ,judicial review and rights of action ,any person may commence a civil action-- 7#a7 to seek relief from1 or to compel1 an agency action under this section 7including regulations promulgated pursuant to this section72 or 7#b7 otherwise to ensure compliance with this section 7including regulations promulgated pursuant to this section74 7f7 ,information sharing ,in carrying out this section1 each ,federal agency1 to the maximum extent practicable and permitted by applicable law1 shall share information and eliminate unnecessary duplication of efforts through the use of existing data systems and cooperative agreements among ,federal agencies and with ,state1 local1 and ,tribal governments4 #dbjjf4 ,national ,environmental ,justice ,advisory ,council 7a7 ,establishment ,the establishment by the ,administrator on ,september #cj1 #aiic1 by charter pursuant to the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 of the ,national ,environmental ,justice ,advisory ,council 7referred to in this section as the ,advisory ,council7 is enacted into law4 7b7 ,duties ,the ,advisory ,council may carry out such duties as were carried out by the ,advisory ,council on the day before the date of enactment of this ,act1 subject to modification by the ,administrator1 by regulation4 7c7 ,membership ,the membership of the ,advisory ,council shall-- 7#a7 be determined and appointed in accordance with1 as applicable-- 7,a7 the charter described in subsection 7a7 7or any subsequent amendment or revision of that charter72 or 7,b7 other appropriate bylaws or documents of the ,advisory ,council1 as determined by the ,administrator2 and 7#b7 continue in effect as in existence on the day before the date of enactment of this ,act until modified in accordance with paragraph 7#a74 7d7 ,designated ,federal officer ,the ,director of the ,office of ,environmental ,justice of the ,environmental ,protection ,agency is designated as the ,federal officer required under section #aj7;e7 of the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 for the ,advisory ,council4 7e7 ,meetings 7#a7 ,in general ,the ,advisory ,council shall meet not less frequently than #c times each calendar year4 7#b7 ,open to public ,each meeting of the ,advisory ,council shall be held open to the public4 7#c7 ,designated ,federal officer ,the designated ,federal officer described in subsection 7d7 7or a designee7 shall-- 7,a7 be present at each meeting of the ,advisory ,council2 7,b7 ensure that each meeting is conducted in accordance with an agenda approved in advance by the designated ,federal officer2 7,c7 provide an opportunity for interested persons-- 7i7 to file comments before or after each meeting of the ,advisory ,council2 or 7ii7 to make statements at such a meeting1 to the extent that time permits2 7,d7 ensure that a representative of the ,working ,group and a high-level representative from each regional office of the ,environmental ,protection ,agency are invited to1 and encouraged to attend1 each meeting of the ,advisory ,council2 and 7,e7 provide technical assistance to ,states seeking to establish ,state-level environmental justice advisory councils or implement other environmental justice policies or programs4 7f7 ,responses from ,administrator 7#a7 ,public comment inquiries ,the ,administrator shall provide a written response to each inquiry submitted to the ,administrator by a member of the public before or after each meeting of the ,advisory ,council by not later than #abj days after the date of submission4 7#b7 ,recommendations from ,advisory ,council ,the ,administrator shall provide a written response to each recommendation submitted to the ,administrator by the ,advisory ,council by not later than #abj days after the date of submission4 7g7 ,travel expenses ,a member of the ,advisory ,council may be allowed travel expenses1 including per diem in lieu of subsistence1 at such rate as the ,administrator determines to be appropriate while away from the home or regular place of business of the member in the performance of the duties of the ,advisory ,council4 7h7 ,duration ,the ,advisory ,council shall remain in existence unless otherwise provided by law4 #dbjjg4 ,environmental justice grant programs 7a7 ,in general ,the ,administrator shall continue to carry out the ,environmental ,justice ,small ,grants ,program and the ,environmental ,justice ,collaborative ,problem-,solving ,cooperative ,agreement ,program1 as those programs are in existence on the date of enactment of this ,act4 7b7 ,,care grants ,the ,administrator shall continue to carry out the ,community ,action for a ,renewed ,environment grant programs ,i and ,,ii1 as in existence on ,january #a1 #bjab4 7c7 ,authorization of appropriations ,there is authorized to be appropriated to carry out the programs described in subsections 7a7 and 7b7 #aj1jjj1jjj for each of fiscal years #bjbb through #bjca4 #dbjjh4 ,consideration of cumulative impacts and persistent violations in certain permitting decisions 7a7 ,federal ,water ,pollution ,control ,act ,section #djb of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdb7 is amended-- 7#a7 by striking the section designation and heading and all that follows through ,except as in subsection 7a77#a7 and inserting the following3 #djb4 ,national pollutant discharge elimination system 7a7 ,permits issued by ,administrator 7#a7 ,in general ,except as 2 7#b7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 by striking upon condition that such discharge will meet either 7,a7 all and inserting the following3 subject to the conditions that-- 7,a7 the discharge will achieve compliance with1 as applicable-- 7i7 all 2 7ii7 by striking #djc of this ,act1 or 7,b7 prior and inserting the following3 #djc2 or 7ii7 prior 2 and 7iii7 by striking this ,act4 and inserting the following3 this ,act2 and 7,b7 with respect to the issuance or renewal of the permit-- 7i7 based on an analysis by the ,administrator of existing water quality and the potential cumulative impacts 7as defined in section #eja of the ,clean ,air ,act 7#db ,u4,s4,c4 #gffa77 of the discharge1 considered in conjunction with the designated and actual uses of the impacted navigable water1 there exists a reasonable certainty of no harm to the health of the general population1 or to any potentially exposed or susceptible subpopulation2 or 7ii7 if the ,administrator determines that1 due to those potential cumulative impacts1 there does not exist a reasonable certainty of no harm to the health of the general population1 or to any potentially exposed or susceptible subpopulation1 the permit or renewal includes such terms and conditions as the ,administrator determines to be necessary to ensure a reasonable certainty of no harm4 2 and 7,b7 in paragraph 7#b71 by striking assure compliance with the requirements of paragraph 7#a7 of this subsection1 including conditions on data and information collection1 reporting1 and such other requirements as he deems appropriate4 and inserting the following3 ensure compliance with the requirements of paragraph 7#a71 including-- 7,a7 conditions relating to-- 7i7 data and information collection2 7ii7 reporting2 and 7iii7 such other requirements as the ,administrator determines to be appropriate2 and 7,b7 additional controls or pollution prevention requirements4 2 and 7#c7 in subsection 7b7-- 7,a7 in each of paragraphs 7#a77;,d71 7#b77;,b71 and 7#c7 through 7#g71 by striking the semicolon at the end and inserting a period2 7,b7 in paragraph 7#h71 by striking 2 and at the end and inserting a period2 and 7,c7 by adding at the end the following3 7#aj7 ,to ensure that no permit will be issued or renewed if1 with respect to an application for the permit1 the ,state determines1 based on an analysis by the ,state of existing water quality and the potential cumulative impacts 7as defined in section #eja of the ,clean ,air ,act 7#db ,u4,s4,c4 #gffa77 of the discharge1 considered in conjunction with the designated and actual uses of the impacted navigable water1 that the terms and conditions of the permit or renewal would not be sufficient to ensure a reasonable certainty of no harm to the health of the general population1 or to any potentially exposed or susceptible subpopulation4 4 7b7 ,clean ,air ,act 7#a7 ,definitions ,section #eja of the ,clean ,air ,act 7#db ,u4,s4,c4 #gffa7 is amended-- 7,a7 in the matter preceding paragraph 7#a71 by striking ,as used in this title-- and inserting ,in this title32 7,b7 by redesignating paragraphs 7#b71 7#c71 and 7#d7 as paragraphs 7#c71 7#e71 and 7#d71 respectively1 and moving the paragraphs so as to appear in numerical order2 and 7,c7 by inserting after paragraph 7#a7 the following3 7#b7 ,cumulative impacts ,the term cumulative impacts means any exposure1 public health or environmental risk1 or other effect occurring in a specific geographical area1 including from an emission or release-- 7,a7 including-- 7i7 environmental pollution released-- 7,i7 7aa7 routinely2 7bb7 accidentally2 or 7cc7 otherwise2 and 7,,ii7 from any source1 whether single or multiple2 and 7ii7 as assessed based on the combined past1 present1 and reasonably foreseeable emissions and discharges affecting the geographical area2 and 7,b7 evaluated taking into account sensitive populations and socioeconomic factors1 where applicable4 4 7#b7 ,permit programs ,section #ejb7;b7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gffa;a7b77 is amended-- 7,a7 in paragraph 7#e7-- 7i7 in subparagraphs 7,a7 and 7,c71 by striking assure each place it appears and inserting ensure2 and 7ii7 by striking subparagraph 7,f7 and inserting the following3 7,f7 ensure that no permit will be issued or renewed1 as applicable1 if-- 7i7 with respect to an application for a permit or renewal of a permit for a major source1 the permitting authority determines under paragraph 7#i77;,a77i77,,ii77bb7 that the terms and conditions of the permit or renewal would not be sufficient to ensure a reasonable certainty of no harm to the health of the general population1 or to any potentially exposed or susceptible subpopulation1 of the applicable census tracts or ,tribal census tracts 7as those terms are defined by the ,director of the ,bureau of the ,census72 or 7ii7 the ,administrator objects to the issuance of the permit in a timely manner under this title4 2 and 7,b7 in paragraph 7#i7-- 7i7 in the fourth sentence1 by striking ,such permit revision and inserting the following3 7iii7 ,treatment as renewal ,a permit revision under this paragraph 2 7ii7 in the third sentence1 by striking ,no such revision shall and inserting the following3 7ii7 ,exception ,a revision under this paragraph shall not 2 7iii7 in the second sentence1 by striking ,such revisions and inserting the following3 7,b7 ,revision requirements 7i7 ,deadline ,a revision described in subparagraph 7,a77ii7 2 and 7iv7 by striking the paragraph designation and all that follows through shall require in the first sentence and inserting the following3 7#i7 ,major sources 7,a7 ,in general ,with respect to any permit or renewal of a permit1 as applicable1 for a major source1 a requirement that the permitting authority shall-- 7i7 in determining whether to issue or renew the permit-- 7,i7 evaluate the potential cumulative impacts of the proposed major source1 as described in the applicable cumulative impacts analysis submitted under section #ejc7;b77#c72 7,,ii7 if1 due to those potential cumulative impacts1 the permitting authority cannot determine that there exists a reasonable certainty of no harm to the health of the general population1 or to any potentially exposed or susceptible subpopulation1 of any census tracts or ,tribal census tracts 7as those terms are defined by the ,director of the ,bureau of the ,census7 located in1 or immediately adjacent to1 the area in which the major source is1 or is proposed to be1 located-- 7aa7 include in the permit or renewal such terms and conditions 7including additional controls or pollution prevention requirements7 as the permitting authority determines to be necessary to ensure a reasonable certainty of no harm2 or 7bb7 if the permitting authority determines that terms and conditions described in item 7aa7 would not be sufficient to ensure a reasonable certainty of no harm1 deny the issuance or renewal of the permit2 7,,iii7 determine whether the applicant is a persistent violator1 based on such criteria relating to the history of compliance by an applicant with this ,act as the ,administrator shall establish by not later than #ahj days after the date of enactment of the ,environmental ,justice ,act of #bjbj2 7,,iv7 if the permitting authority determines under subclause 7,,iii7 that the applicant is a persistent violator and the permitting authority does not deny the issuance or renewal of the permit pursuant to subclause 7,v77bb7-- 7aa7 require the applicant to submit a redemption plan that describes-- 7,,aa7 if the applicant is not compliance with this ,act1 measures the applicant will carry out to achieve that compliance1 together with an approximate deadline for that achievement2 7,,bb7 measures the applicant will carry out1 or has carried out to ensure the applicant will remain in compliance with this ,act1 and to mitigate the environmental and health effects of noncompliance2 and 7,,cc7 the measures the applicant has carried out in preparing the redemption plan to consult or negotiate with the communities affected by each persistent violation addressed in the plan2 and 7bb7 once such a redemption plan is submitted1 determine whether the plan is adequate to ensuring that the applicant-- 7,,aa7 will achieve compliance with this ,act expeditiously2 7,,bb7 will remain in compliance with this ,act2 7,,cc7 will mitigate the environmental and health effects of noncompliance2 and 7,,dd7 has solicited and responded to community input regarding the redemption plan2 and 7,v7 deny the issuance or renewal of the permit if the permitting authority determines that-- 7aa7 the redemption plan submitted under subclause 7,,iv77aa7 is inadequate2 or 7bb7 7,,aa7 the applicant has submitted a redemption plan on a prior occasion1 but continues to be a persistent violator2 and 7,,bb7 no indication exists of extremely exigent circumstances excusing the persistent violations2 and 7ii7 in the case of such a permit with a term of #c years or longer1 require in accordance with subparagraph 7,b74 4 7#c7 ,permit applications ,section #ejc7;b7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gffa;b7b77 is amended by adding at the end the following3 7#c7 ,major source analyses ,the regulations required by section #ejb7;b7 shall include a requirement that an applicant for a permit or renewal of a permit for a major source shall submit1 together with the compliance plan required under this subsection1 a cumulative impacts analysis for each census tract or ,tribal census tract 7as those terms are defined by the ,director of the ,bureau of the ,census7 located in1 or immediately adjacent to1 the area in which the major source is1 or is proposed to be1 located that analyzes-- 7,a7 community demographics and locations of community exposure points1 such as schools1 day care centers1 nursing homes1 hospitals1 health clinics1 places of religious worship1 parks1 playgrounds1 and community centers2 7,b7 air quality and the potential effect on that air quality of emissions of air pollutants 7including pollutants listed under section #ajh or #aab7 from the proposed major source1 including in combination with existing sources of pollutants2 7,c7 the potential effects on soil quality and water quality of emissions of lead and other air pollutants that could contaminate soil or water from the proposed major source1 including in combination with existing sources of pollutants2 and 7,d7 public health and any potential effects on public health of the proposed major source4 4 #dbjji4 ,implied rights of action and common law claims ,section #eje of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acfe7 is amended by adding at the end the following3 7i7 ,effect on implied rights of action and common law claims 7#a7 ,definition of covered ,act ,in this subsection3 7,a7 ,in general ,the term covered ,act means-- 7i7 this ,act2 7ii7 the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acf et seq472 7iii7 the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abja et seq472 7iv7 the ,marine ,protection1 ,research1 and ,sanctuaries ,act of #aigb 7#cc ,u4,s4,c4 #adja et seq472 7v7 the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq472 7vi7 the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fija et seq472 7vii7 the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq472 7viii7 the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq472 and 7ix7 any other ,act administered by the ,administrator4 7,b7 ,inclusions ,the term covered ,act includes any provision of an ,act described in subparagraph 7,a7 the date of enactment of which is after the date of enactment of this subsection1 unless that provision is specifically excluded from this subsection4 7#b7 ,effect ,nothing in a covered ,act precludes the right to bring an action-- 7,a7 under section #aigi of the ,revised ,statutes 7#db ,u4,s4,c4 #aihc72 or 7,b7 that is implied under-- 7i7 a covered ,act2 or 7ii7 common law4 7#c7 ,application ,nothing in this section precludes the right to bring an action under any provision of law that is not a covered ,act4 4 #dbjaj4 ,private rights of action for discriminatory practices 7a7 ,right of action ,section #fjb of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d-#a7 is amended-- 7#a7 by inserting 7a7 before ,each ,federal department and agency which is empowered2 and 7#b7 by adding at the end the following3 7b7 ,any person aggrieved by the failure of a covered entity to comply with this title1 including any regulation promulgated pursuant to this title1 may bring a civil action in any ,federal or ,state court of competent jurisdiction to enforce such person's rights under this title4 4 7b7 ,effective date 7#a7 ,in general ,this section1 including the amendments made by this section1 takes effect on the date of enactment of this ,act4 7#b7 ,application ,this section1 including the amendments made by this section1 applies to all actions or proceedings pending on or after the date of enactment of this ,act4 #dbjaa4 ,severability ,if any provision of this subtitle1 or the application of such a provision to any person or circumstance1 is determined to be invalid1 the remainder of this subtitle and the application of the provision to other persons or circumstances shall not be affected4 ,v ,voting ,rights ,a ,voting ,rights ,advancement #ejaja4 ,short title ,this subtitle may be cited as the ,voting ,rights ,advancement ,act of #bjbj4 #ejajb4 ,violations triggering authority of court to retain jurisdiction 7a7 ,types of ,violations ,section #c7;c7 of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcjb7;c77 is amended by striking violations of the fourteenth or fifteenth amendment and inserting violations of the #adth or #aeth ,amendment1 violations of this ,act1 or violations of any ,federal law that prohibits discrimination in voting on the basis of race1 color1 or membership in a language minority group14 7b7 ,conforming ,amendment ,section #c7;a7 of such ,act 7#eb ,u4,s4,c4 #ajcjb7;a77 is amended by striking violations of the fourteenth or fifteenth amendment and inserting violations of the #adth or #aeth ,amendment1 violations of this ,act1 or violations of any ,federal law that prohibits discrimination in voting on the basis of race1 color1 or membership in a language minority group14 #ejajc4 ,criteria for coverage of ,states and political subdivisions 7a7 ,determination of ,states and ,political ,subdivisions ,subject to ,section #d7;a7 7#a7 ,in general ,section #d7;b7 of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcjc7;b77 is amended to read as follows3 7b7 ,determination of ,states and ,political ,subdivisions ,subject to ,requirements 7#a7 ,existence of voting rights violations during previous #be years 7,a7 ,statewide application ,subsection 7a7 applies with respect to a ,state and all political subdivisions within the ,state during a calendar year if-- 7i7 fifteen or more voting rights violations occurred in the ,state during the previous #be calendar years2 or 7ii7 ten or more voting rights violations occurred in the ,state during the previous #be calendar years1 at least one of which was committed by the ,state itself 7as opposed to a political subdivision within the ,state74 7,b7 ,application to specific political subdivisions ,subsection 7a7 applies with respect to a political subdivision as a separate unit during a calendar year if three or more voting rights violations occurred in the subdivision during the previous #be calendar years4 7#b7 ,period of application 7,a7 ,in general ,except as provided in subparagraph 7,b71 if1 pursuant to paragraph 7#a71 subsection 7a7 applies with respect to a ,state or political subdivision during a calendar year1 subsection 7a7 shall apply with respect to such ,state or political subdivision for the period-- 7i7 that begins on ,january #a of the year in which subsection 7a7 applies2 and 7ii7 that ends on the date which is #aj years after the date described in clause 7i74 7,b7 ,no further application after declaratory judgment 7i7 ,states ,if a ,state obtains a declaratory judgment under subsection 7a71 and the judgment remains in effect1 subsection 7a7 shall no longer apply to such ,state pursuant to paragraph 7#a77;,a7 unless1 after the issuance of the declaratory judgment1 paragraph 7#a77;,a7 applies to the ,state solely on the basis of voting rights violations occurring after the issuance of the declaratory judgment4 7ii7 ,political subdivisions ,if a political subdivision obtains a declaratory judgment under subsection 7a71 and the judgment remains in effect1 subsection 7a7 shall no longer apply to such political subdivision pursuant to paragraph 7#a71 including pursuant to paragraph 7#a77;,a7 7relating to the statewide application of subsection 7a771 unless1 after the issuance of the declaratory judgment1 paragraph 7#a77;,b7 applies to the political subdivision solely on the basis of voting rights violations occurring after the issuance of the declaratory judgment4 7#c7 ,determination of voting rights violation ,for purposes of paragraph 7#a71 a voting rights violation occurred in a ,state or political subdivision if any of the following applies3 7,a7 ,final judgment2 violation of the #adth or #aeth ,amendment ,in a final judgment 7which has not been reversed on appeal71 any court of the ,united ,states has determined that a denial or abridgement of the right of any citizen of the ,united ,states to vote on account of race1 color1 or membership in a language minority group1 in violation of the #adth or #aeth ,amendment1 occurred anywhere within the ,state or subdivision4 7,b7 ,final judgment2 violations of this ,act ,in a final judgment 7which has not been reversed on appeal71 any court of the ,united ,states has determined that a voting qualification or prerequisite to voting or standard1 practice1 or procedure with respect to voting was imposed or applied or would have been imposed or applied anywhere within the ,state or subdivision in a manner that resulted or would have resulted in a denial or abridgement of the right of any citizen of the ,united ,states to vote on account of race1 color1 or membership in a language minority group1 in violation of subsection 7e7 or 7f71 or section #b or #bjc of this ,act4 7,c7 ,final judgment2 ,denial of declaratory judgment ,in a final judgment 7which has not been reversed on appeal71 any court of the ,united ,states has denied the request of the ,state or subdivision for a declaratory judgment under section #c7;c7 or section #e1 and thereby prevented a voting qualification or prerequisite to voting or standard1 practice1 or procedure with respect to voting from being enforced anywhere within the ,state or subdivision4 7,d7 ,objection by the ,attorney ,general ,the ,attorney ,general has interposed an objection under section #c7;c7 or section #e 7and the objection has not been overturned by a final judgment of a court or withdrawn by the ,attorney ,general71 and thereby prevented a voting qualification or prerequisite to voting or standard1 practice1 or procedure with respect to voting from being enforced anywhere within the ,state or subdivision4 7,e7 ,consent decree1 settlement1 or other agreement ,a consent decree1 settlement1 or other agreement was entered into1 which resulted in the alteration or abandonment of a voting practice anywhere in the territory of such ,state that was challenged on the ground that the practice denied or abridged the right of any citizen of the ,united ,states to vote on account of race1 color1 or membership in a language minority group in violation of subsection 7e7 or 7f71 or section #b or #bjc of this ,act1 or the #adth or #aeth ,amendment4 7#d7 ,timing of determinations 7,a7 ,determinations of voting rights violations ,as early as practicable during each calendar year1 the ,attorney ,general shall make the determinations required by this subsection1 including updating the list of voting rights violations occurring in each ,state and political subdivision for the previous calendar year4 7,b7 ,effective upon publication in ,federal ,register ,a determination or certification of the ,attorney ,general under this section or under section #h or #ac shall be effective upon publication in the ,federal ,register4 4 7#b7 ,conforming amendments ,section #d7;a7 of such ,act 7#eb ,u4,s4,c4 #ajcjc7;a77 is amended-- 7,a7 in paragraph 7#a71 in the first sentence of the matter preceding subparagraph 7,a71 by striking any ,state with respect to which and all that follows through unless and inserting any ,state to which this subsection applies during a calendar year pursuant to determinations made under subsection 7b71 or in any political subdivision of such ,state 7as such subdivision existed on the date such determinations were made with respect to such ,state71 though such determinations were not made with respect to such subdivision as a separate unit1 or in any political subdivision with respect to which this subsection applies during a calendar year pursuant to determinations made with respect to such subdivision as a separate unit under subsection 7b71 unless2 7,b7 in paragraph 7#a7 in the matter preceding subparagraph 7,a71 by striking the second sentence2 7,c7 in paragraph 7#a77;,a71 by striking 7in the case of a ,state or subdivision seeking a declaratory judgment under the second sentence of this subsection72 7,d7 in paragraph 7#a77;,b71 by striking 7in the case of a ,state or subdivision seeking a declaratory judgment under the second sentence of this subsection72 7,e7 in paragraph 7#c71 by striking 7in the case of a ,state or subdivision seeking a declaratory judgment under the second sentence of this subsection72 7,f7 in paragraph 7#e71 by striking 7in the case of a ,state or subdivision which sought a declaratory judgment under the second sentence of this subsection72 7,g7 by striking paragraphs 7#g7 and 7#h72 and 7,h7 by redesignating paragraph 7#i7 as paragraph 7#g74 7b7 ,clarification of ,treatment of ,members of ,language ,minority ,groups ,section #d7;a77#a7 of such ,act 7#eb ,u4,s4,c4 #ajcjc7;a77#a77 is amended by striking race or color1 and inserting race1 color1 or in contravention of the guarantees of subsection 7f77#b714 #ejajd4 ,determination of ,states and ,political ,subdivisions ,subject to ,preclearance for ,covered ,practices ,the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcja et seq47 is further amended by inserting after section #d the following3 #d;,a4 ,determination of ,states and ,political ,subdivisions ,subject to ,preclearance for ,covered ,practices 7a7 ,practice-,based preclearance 7#a7 ,in ,general ,each ,state and each political subdivision shall-- 7,a7 identify any newly enacted or adopted law1 regulation1 or policy that includes a voting qualification or prerequisite to voting1 or a standard1 practice1 or procedure with respect to voting1 that is a covered practice described in subsection 7b72 and 7,b7 ensure that no such covered practice is implemented unless or until the ,state or political subdivision1 as the case may be1 complies with subsection 7c74 7#b7 ,determinations of characteristics of voting-age population 7,a7 ,in ,general ,as early as practicable during each calendar year1 the ,attorney ,general1 in consultation with the ,director of the ,bureau of the ,census and the heads of other relevant offices of the government1 shall make the determinations required by this section regarding voting-age populations and the characteristics of such populations1 and shall publish a list of the ,states and political subdivisions to which a voting-age population characteristic described in subsection 7b7 applies4 7,b7 ,publication in the ,federal ,register ,a determination or certification of the ,attorney ,general under this paragraph shall be effective upon publication in the ,federal ,register4 7b7 ,covered practices ,to assure that the right of citizens of the ,united ,states to vote is not denied or abridged on account of race1 color1 or membership in a language minority group as a result of the implementation of certain qualifications or prerequisites to voting1 or standards1 practices1 or procedures with respect to voting newly adopted in a ,state or political subdivision1 the following shall be covered practices subject to the requirements described in subsection 7a73 7#a7 ,changes to method of election ,any change to the method of election-- 7,a7 to add seats elected at-large in a ,state or political subdivision where-- 7i7 two or more racial groups or language minority groups each represent #bj percent or more of the political subdivision's voting-age population2 or 7ii7 a single language minority group represents #bj percent or more of the voting-age population on ,indian lands located in whole or in part in the political subdivision2 or 7,b7 to convert one or more seats elected from a single-member district to one or more at-large seats or seats from a multi-member district in a ,state or political subdivision where-- 7i7 two or more racial groups or language minority groups each represent #bj percent or more of the political subdivision's voting-age population2 or 7ii7 a single language minority group represents #bj percent or more of the voting-age population on ,indian lands located in whole or in part in the political subdivision4 7#b7 ,changes to jurisdiction boundaries ,any change or series of changes within a year to the boundaries of a jurisdiction that reduces by #c or more percentage points the proportion of the jurisdiction's voting-age population that is comprised of members of a single racial group or language minority group in a ,state or political subdivision where-- 7,a7 two or more racial groups or language minority groups each represent #bj percent or more of the political subdivision's voting-age population2 or 7,b7 a single language minority group represents #bj percent or more of the voting-age population on ,indian lands located in whole or in part in the political subdivision4 7#c7 ,changes through redistricting ,any change to the boundaries of election districts in a ,state or political subdivision where any racial group or language minority group experiences a population increase1 over the preceding decade 7as calculated by the ,bureau of the ,census under the most recent decennial census71 of at least-- 7,a7 #aj1jjj2 or 7,b7 #bj percent of voting-age population of the ,state or political subdivision1 as the case may be4 7#d7 ,changes in documentation or qualifications to vote ,any change to requirements for documentation or proof of identity to vote such that the requirements will exceed or be more stringent than the requirements for voting that are described in section #cjc7;b7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajhc7;b77 or any change to the requirements for documentation or proof of identity to register to vote that will exceed or be more stringent than such requirements under ,state law on the day before the date of enactment of the ,voting ,rights ,advancement ,act of #bjai4 7#e7 ,changes to multilingual voting materials ,any change that reduces multilingual voting materials or alters the manner in which such materials are provided or distributed1 where no similar reduction or alteration occurs in materials provided in ,english for such election4 7#f7 ,changes that reduce1 consolidate1 or relocate voting locations1 or reduce voting opportunities ,any change that reduces1 consolidates1 or relocates voting locations1 including early1 absentee1 and election-day voting locations1 or reduces days or hours of in person voting on any ,sunday during a period occurring prior to the date of an election during which voters may cast ballots in such election-- 7,a7 in one or more census tracts wherein two or more language minority groups or racial groups each represent #bj percent or more of the voting-age population of the political subdivision2 or 7,b7 on ,indian lands wherein at least #bj percent of the voting-age population belongs to a single language minority group4 7#g7 ,new list maintenance process ,any change to the maintenance of voter registration lists that adds a new basis for removal from the list of active registered voters or that puts in place a new process for removing a name from the list of active registered voters-- 7,a7 in the case of a political subdivision imposing such change if-- 7i7 two or more racial groups or language minority groups each represent #bj percent or more of the voting-age population of the political subdivision2 or 7ii7 a single language minority group represents #bj percent or more of the voting-age population on ,indian lands located in whole or in part in the political subdivision2 or 7,b7 in the case of a ,state imposing such change1 if two or more racial groups or language minority groups each represent #bj percent or more of the voting-age population of-- 7i7 the ,state2 or 7ii7 a political subdivision in the ,state1 except that the requirements under subsections 7a7 and 7c7 shall apply only with respect to each such political subdivision4 7c7 ,preclearance 7#a7 ,in ,general ,whenever a ,state or political subdivision with respect to which the requirements set forth in subsection 7a7 are in effect shall enact1 adopt1 or seek to implement any covered practice described under subsection 7b71 such ,state or subdivision may institute an action in the ,united ,states ,district ,court for the ,district of ,columbia for a declaratory judgment that such covered practice neither has the purpose nor will have the effect of denying or abridging the right to vote on account of race1 color1 or membership in a language minority group1 and unless and until the court enters such judgment such covered practice shall not be implemented4 ,notwithstanding the previous sentence1 such covered practice may be implemented without such proceeding if the covered practice has been submitted by the chief legal officer or other appropriate official of such ,state or subdivision to the ,attorney ,general and the ,attorney ,general has not interposed an objection within #fj days after such submission1 or upon good cause shown1 to facilitate an expedited approval within #fj days after such submission1 the ,attorney ,general has affirmatively indicated that such objection will not be made4 ,neither an affirmative indication by the ,attorney ,general that no objection will be made1 nor the ,attorney ,general's failure to object1 nor a declaratory judgment entered under this section shall bar a subsequent action to enjoin implementation of such covered practice4 ,in the event the ,attorney ,general affirmatively indicates that no objection will be made within the #fj-;day period following receipt of a submission1 the ,attorney ,general may reserve the right to reexamine the submission if additional information comes to the ,attorney ,general's attention during the remainder of the #fj-;day period which would otherwise require objection in accordance with this section4 ,any action under this section shall be heard and determined by a court of three judges in accordance with the provisions of section #bbhd of title #bh1 ,united ,states ,code1 and any appeal shall lie to the ,supreme ,court4 7#b7 ,denying or abridging the right to vote ,any covered practice described in subsection 7b7 that has the purpose of or will have the effect of diminishing the ability of any citizens of the ,united ,states on account of race1 color1 or membership in a language minority group1 to elect their preferred candidates of choice denies or abridges the right to vote within the meaning of paragraph 7#a7 of this subsection4 7#c7 ,purpose defined ,the term purpose in paragraphs 7#a7 and 7#b7 of this subsection shall include any discriminatory purpose4 7#d7 ,purpose of paragraph 7#b7 ,the purpose of paragraph 7#b7 of this subsection is to protect the ability of such citizens to elect their preferred candidates of choice4 7d7 ,enforcement ,the ,attorney ,general or any aggrieved citizen may file an action in a ,federal district court to compel any ,state or political subdivision to satisfy the obligations set forth in this section4 ,such actions shall be heard and determined by a court of three judges under section #bbhd of title #bh1 ,united ,states ,code4 ,in any such action1 the court shall provide as a remedy that any voting qualification or prerequisite to voting1 or standard1 practice1 or procedure with respect to voting1 that is the subject of the action under this subsection be enjoined unless the court determines that-- 7#a7 the voting qualification or prerequisite to voting1 or standard1 practice1 or procedure with respect to voting1 is not a covered practice described in subsection 7b72 or 7#b7 the ,state or political subdivision has complied with subsection 7c7 with respect to the covered practice at issue4 7e7 ,counting of racial groups and language minority groups ,for purposes of this section1 the calculation of the population of a racial group or a language minority group shall be carried out using the methodology in the guidance promulgated in the ,federal ,register on ,february #i1 #bjaa 7#gf ,fed4 ,reg4 #gdgj74 7f7 ,special rule ,for purposes of determinations under this section1 any data provided by the ,bureau of the ,census1 whether based on estimation from sample or actual enumeration1 shall not be subject to challenge or review in any court4 7g7 ,multilingual voting materials ,in this section1 the term multilingual voting materials means registration or voting notices1 forms1 instructions1 assistance1 or other materials or information relating to the electoral process1 including ballots1 provided in the language or languages of one or more language minority groups4 4 #ejaje4 ,promoting transparency to enforce the ,voting ,rights ,act 7a7 ,transparency 7#a7 ,in general ,the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcja et seq47 is amended by inserting after section #e the following new section3 #f4 ,transparency regarding changes to protect voting rights 7a7 ,notice of enacted changes 7#a7 ,notice of ,changes ,if a ,state or political subdivision makes any change in any prerequisite to voting or standard1 practice1 or procedure with respect to voting in any election for ,federal office that will result in the prerequisite1 standard1 practice1 or procedure being different from that which was in effect as of #ahj days before the date of the election for ,federal office1 the ,state or political subdivision shall provide reasonable public notice in such ,state or political subdivision and on the ,internet1 of a concise description of the change1 including the difference between the changed prerequisite1 standard1 practice1 or procedure and the prerequisite1 standard1 practice1 or procedure which was previously in effect4 ,the public notice described in this paragraph1 in such ,state or political subdivision and on the ,internet1 shall be in a format that is reasonably convenient and accessible to voters with disabilities1 including voters who have low vision or are blind4 7#b7 ,deadline for notice ,a ,state or political subdivision shall provide the public notice required under paragraph 7#a7 not later than #dh hours after making the change involved4 7b7 ,transparency ,regarding ,polling ,place ,resources 7#a7 ,in general ,in order to identify any changes that may impact the right to vote of any person1 prior to the #cjth day before the date of an election for ,federal office1 each ,state or political subdivision with responsibility for allocating registered voters1 voting machines1 and official poll workers to particular precincts and polling places shall provide reasonable public notice in such ,state or political subdivision and on the ,internet1 of the information described in paragraph 7#b7 for precincts and polling places within such ,state or political subdivision4 ,the public notice described in this paragraph1 in such ,state or political subdivision and on the ,internet1 shall be in a format that is reasonably convenient and accessible to voters with disabilities including voters who have low vision or are blind4 7#b7 ,information described ,the information described in this paragraph with respect to a precinct or polling place is each of the following3 7,a7 ,the name or number4 7,b7 ,in the case of a polling place1 the location1 including the street address1 and whether such polling place is accessible to persons with disabilities4 7,c7 ,the voting-age population of the area served by the precinct or polling place1 broken down by demographic group if such breakdown is reasonably available to such ,state or political subdivision4 7,d7 ,the number of registered voters assigned to the precinct or polling place1 broken down by demographic group if such breakdown is reasonably available to such ,state or political subdivision4 7,e7 ,the number of voting machines assigned1 including the number of voting machines accessible to voters with disabilities1 including voters who have low vision or are blind4 7,f7 ,the number of official paid poll workers assigned4 7,g7 ,the number of official volunteer poll workers assigned4 7,h7 ,in the case of a polling place1 the dates and hours of operation4 7#c7 ,updates in information reported ,if a ,state or political subdivision makes any change in any of the information described in paragraph 7#b71 the ,state or political subdivision shall provide reasonable public notice in such ,state or political subdivision and on the ,internet1 of the change in the information not later than #dh hours after the change occurs or1 if the change occurs fewer than #dh hours before the date of the election for ,federal office1 as soon as practicable after the change occurs4 ,the public notice described in this paragraph in such ,state or political subdivision and on the ,internet shall be in a format that is reasonably convenient and accessible to voters with disabilities including voters who have low vision or are blind4 7c7 ,transparency of ,changes ,relating to ,demographics and ,electoral ,districts 7#a7 ,requiring public notice of changes ,not later than #aj days after making any change in the constituency that will participate in an election for ,federal1 ,state1 or local office or the boundaries of a voting unit or electoral district in an election for ,federal1 ,state1 or local office 7including through redistricting1 reapportionment1 changing from at-large elections to district-based elections1 or changing from district-based elections to at-large elections71 a ,state or political subdivision shall provide reasonable public notice in such ,state or political subdivision and on the ,internet1 of the demographic and electoral data described in paragraph 7#c7 for each of the geographic areas described in paragraph 7#b74 7#b7 ,geographic areas described ,the geographic areas described in this paragraph are as follows3 7,a7 ,the ,state as a whole1 if the change applies statewide1 or the political subdivision as a whole1 if the change applies across the entire political subdivision4 7,b7 ,if the change includes a plan to replace or eliminate voting units or electoral districts1 each voting unit or electoral district that will be replaced or eliminated4 7,c7 ,if the change includes a plan to establish new voting units or electoral districts1 each such new voting unit or electoral district4 7#c7 ,demographic and electoral data ,the demographic and electoral data described in this paragraph with respect to a geographic area described in paragraph 7#b7 are each of the following3 7,a7 ,the voting-age population1 broken down by demographic group4 7,b7 ,if it is reasonably available to the ,state or political subdivision involved1 an estimate of the population of the area which consists of citizens of the ,united ,states who are #ah years of age or older1 broken down by demographic group4 7,c7 ,the number of registered voters1 broken down by demographic group if such breakdown is reasonably available to the ,state or political subdivision involved4 7,d7 7i7 ,if the change applies to a ,state1 the actual number of votes1 or 7if it is not reasonably practicable for the ,state to ascertain the actual number of votes7 the estimated number of votes received by each candidate in each statewide election held during the #e-year period which ends on the date the change involved is made2 and 7ii7 if the change applies to only one political subdivision1 the actual number of votes1 or 7if it is not reasonably practicable for the political subdivision to ascertain the actual number of votes7 in each subdivision-wide election held during the #e-year period which ends on the date the change involved is made4 7#d7 ,voluntary ,compliance by smaller jurisdictions ,compliance with this subsection shall be voluntary for a political subdivision of a ,state unless the subdivision is one of the following3 7,a7 ,a county or parish4 7,b7 ,a municipality with a population greater than #aj1jjj1 as determined by the ,bureau of the ,census under the most recent decennial census4 7,c7 ,a school district with a population greater than #aj1jjj1 as determined by the ,bureau of the ,census under the most recent decennial census4 ,for purposes of this subparagraph1 the term school district means the geographic area under the jurisdiction of a local educational agency 7as defined in section #iaja of the ,elementary and ,secondary ,education ,act of #aife74 7d7 ,rules ,regarding ,format of ,information ,the ,attorney ,general may issue rules specifying a reasonably convenient and accessible format that ,states and political subdivisions shall use to provide public notice of information under this section4 7e7 ,no denial of right ,to vote ,the right to vote of any person shall not be denied or abridged because the person failed to comply with any change made by a ,state or political subdivision to a voting qualification1 standard1 practice1 or procedure if the ,state or political subdivision involved did not meet the applicable requirements of this section with respect to the change4 7f7 ,definitions ,in this section-- 7#a7 the term demographic group means each group which section #b protects from the denial or abridgement of the right to vote on account of race or color1 or in contravention of the guarantees set forth in section #d7;f77#b72 7#b7 the term election for ,federal office means any general1 special1 primary1 or runoff election held solely or in part for the purpose of electing any candidate for the office of ,president1 ,vice ,president1 ,presidential elector1 ,senator1 ,member of the ,house of ,representatives1 or ,delegate or ,resident ,commissioner to the ,congress2 and 7#c7 the term persons with disabilities1 means individuals with a disability1 as defined in section #c of the ,americans with ,disabilities ,act of #aiij4 4 7#b7 ,conforming amendment ,section #c7;a7 of such ,act 7#eb ,u4,s4,c4 #ajcjb7;a77 is amended by striking in accordance with section #f4 7b7 ,effective ,date ,the amendment made by subsection 7a77#a7 shall apply with respect to changes which are made on or after the expiration of the #fj-;day period which begins on the date of the enactment of this ,act4 #ejajf4 ,authority to assign observers 7a7 ,clarification of ,authority in ,political ,subdivisions ,subject to ,preclearance ,section #h7;a77#b77;,b7 of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcje7;a77#b77;,b77 is amended to read as follows3 7,b7 in the ,attorney ,general's judgment1 the assignment of observers is otherwise necessary to enforce the guarantees of the #adth or #aeth ,amendment or any provision of this ,act or any other ,federal law protecting the right of citizens of the ,united ,states to vote2 or 4 7b7 ,assignment of ,observers ,to ,enforce ,bilingual ,election ,requirements ,section #h7;a7 of such ,act 7#eb ,u4,s4,c4 #ajcje7;a77 is amended-- 7#a7 by striking or at the end of paragraph 7#a72 7#b7 by inserting after paragraph 7#b7 the following3 7#c7 the ,attorney ,general certifies with respect to a political subdivision that-- 7,a7 the ,attorney ,general has received written meritorious complaints from residents1 elected officials1 or civic participation organizations that efforts to violate section #bjc are likely to occur2 or 7,b7 in the ,attorney ,general's judgment1 the assignment of observers is necessary to enforce the guarantees of section #bjc2 2 and 7#c7 by moving the margin for the continuation text following paragraph 7#c71 as added by paragraph 7#b7 of this subsection1 #b ems to the left4 #ejajg4 ,preliminary ,injunctive relief 7a7 ,clarification of ,scope and ,persons ,authorized ,to ,seek ,relief ,section #ab7;d7 of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcjh7;d77 is amended-- 7#a7 by striking section #b1 #c1 #d1 #e1 #g1 #aj1 #aa1 or subsection 7b7 of this section and inserting the #adth or #aeth ,amendment1 this ,act1 or any ,federal voting rights law that prohibits discrimination on the basis of race1 color1 or membership in a language minority group2 and 7#b7 by striking the ,attorney ,general may institute for the ,united ,states1 or in the name of the ,united ,states1 and inserting the aggrieved person or 7in the name of the ,united ,states7 the ,attorney ,general may institute4 7b7 ,grounds for ,granting ,relief ,section #ab7;d7 of such ,act 7#eb ,u4,s4,c4 #ajcjh7;d77 is amended-- 7#a7 by striking 7d7 ,whenever any person and inserting 7d77#a7 ,whenever any person2 7#b7 by striking 7#a7 to permit and inserting 7,a7 to permit2 7#c7 by striking 7#b7 to count and inserting 7,b7 to count2 and 7#d7 by adding at the end the following new paragraph3 7#b7 7,a7 ,in any action for preliminary relief described in this subsection1 the court shall grant the relief if the court determines that the complainant has raised a serious question whether the challenged voting qualification or prerequisite to voting or standard1 practice1 or procedure violates this ,act or the ,constitution and1 on balance1 the hardship imposed upon the defendant by the grant of the relief will be less than the hardship which would be imposed upon the plaintiff if the relief were not granted4 ,in balancing the harms1 the court shall give due weight to the fundamental right to cast an effective ballot4 7,b7 ,in making its determination under this paragraph with respect to a change in any voting qualification1 prerequisite to voting1 or standard1 practice1 or procedure with respect to voting1 the court shall consider all relevant factors and give due weight to the following factors1 if they are present3 7i7 ,whether the qualification1 prerequisite1 standard1 practice1 or procedure in effect prior to the change was adopted as a remedy for a ,federal court judgment1 consent decree1 or admission regarding-- 7,i7 discrimination on the basis of race or color in violation of the #adth or #aeth ,amendment2 7,,ii7 a violation of this ,act2 or 7,,iii7 voting discrimination on the basis of race1 color1 or membership in a language minority group in violation of any other ,federal or ,state law4 7ii7 ,whether the qualification1 prerequisite1 standard1 practice1 or procedure in effect prior to the change served as a ground for the dismissal or settlement of a claim alleging-- 7,i7 discrimination on the basis of race or color in violation of the #adth or #aeth ,amendment2 7,,ii7 a violation of this ,act2 or 7,,iii7 voting discrimination on the basis of race1 color1 or membership in a language minority group in violation of any other ,federal or ,state law4 7iii7 ,whether the change was adopted fewer than #ahj days before the date of the election with respect to which the change is to take effect4 7iv7 ,whether the defendant has failed to provide timely or complete notice of the adoption of the change as required by applicable ,federal or ,state law4 4 7c7 ,grounds for stay or interlocutory appeal ,section #ab7;d7 of such ,act 7#eb ,u4,s4,c4 #ajcjh7;d77 is further amended by adding at the end the following3 7#c7 ,a jurisdiction's inability to enforce its voting or election laws1 regulations1 policies1 or redistricting plans1 standing alone1 shall not be deemed to constitute irreparable harm to the public interest or to the interests of a defendant in an action arising under the ,u4,s4 ,constitution or any ,federal law that prohibits discrimination on the basis of race1 color1 or membership in a language minority group in the voting process1 for the purposes of determining whether a stay of a court's order or an interlocutory appeal under section #abec of title #bh1 ,united ,states ,code1 is warranted4 4 #ejajh4 ,definitions ,title ,i of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcja7 is amended by adding at the end the following3 #ba4 ,definitions ,in this ,act3 7#a7 ,indian ,the term ,indian has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act4 7#b7 ,indian lands ,the term ,indian lands means-- 7,a7 any ,indian country of an ,indian tribe1 as such term is defined in section #aaea of title #ah1 ,united ,states ,code2 7,b7 any land in ,alaska that is owned1 pursuant to the ,alaska ,native ,claims ,settlement ,act1 by an ,indian tribe that is a ,native village 7as such term is defined in section #c of such ,act71 or by a ,village ,corporation that is associated with the ,indian tribe 7as such term is defined in section #c of such ,act72 7,c7 any land on which the seat of government of the ,indian tribe is located2 and 7,d7 any land that is part or all of a tribal designated statistical area associated with the ,indian tribe1 or is part or all of an ,alaska ,native village statistical area associated with the tribe1 as defined by the ,bureau of the ,census for the purposes of the most recent decennial census4 7#c7 ,indian tribe ,the term ,indian tribe or tribe has the meaning given the term ,indian tribe in section #d of the ,indian ,self-,determination and ,education ,assistance ,act4 7#d7 ,tribal ,government ,the term ,tribal ,government means the recognized governing body of an ,indian ,tribe4 7#e7 ,voting-age population ,the term voting-age population means the numerical size of the population within a ,state1 within a political subdivision1 or within a political subdivision that contains ,indian lands1 as the case may be1 that consists of persons age #ah or older1 as calculated by the ,bureau of the ,census under the most recent decennial census4 4 #ejaji4 ,attorneys' fees ,section #ad7;c7 of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcaj7;c77 is amended by adding at the end the following3 7#d7 ,the term prevailing party means a party to an action that receives at least some of the benefit sought by such action1 states a colorable claim1 and can establish that the action was a significant cause of a change to the status quo4 4 #ejaaj4 ,other technical and conforming amendments 7a7 ,actions ,covered ,under ,section #c ,section #c7;c7 of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcjb7;c77 is amended-- 7#a7 by striking any proceeding instituted by the ,attorney ,general or an aggrieved person under any statute to enforce and inserting any action under any statute in which a party 7including the ,attorney ,general7 seeks to enforce2 and 7#b7 by striking at the time the proceeding was commenced and inserting at the time the action was commenced4 7b7 ,clarification of ,treatment of ,members of ,language ,minority ,groups ,section #d7;f7 of such ,act 7#eb ,u4,s4,c4 #ajcjc7;f77 is amended-- 7#a7 in paragraph 7#a71 by striking the second sentence2 and 7#b7 by striking paragraphs 7#c7 and 7#d74 7c7 ,period ,during ,which ,changes in ,voting ,practices are ,subject to ,preclearance ,under ,section #e ,section #e of such ,act 7#eb ,u4,s4,c4 #ajcjd7 is amended-- 7#a7 in subsection 7a71 by striking based upon determinations made under the first sentence of section #d7;b7 are in effect and inserting are in effect during a calendar year2 7#b7 in subsection 7a71 by striking ,november #a1 #aifd and all that follows through ,november #a1 #aigb and inserting the applicable date of coverage2 and 7#c7 by adding at the end the following new subsection3 7e7 ,the term applicable date of coverage means1 with respect to a ,state or political subdivision-- 7#a7 ,june #be1 #bjac1 if the most recent determination for such ,state or subdivision under section #d7;b7 was made on or before ,december #ca1 #bjai2 or 7#b7 the date on which the most recent determination for such ,state or subdivision under section #d7;b7 was made1 if such determination was made after ,december #ca1 #bjai4 4 ,b ,voter ,empowerment #ejbjj4 ,short title2 statement of policy 7a7 ,short title ,this subtitle may be cited as the ,voter ,empowerment ,act of #bjbj4 7b7 ,statement of policy ,it is the policy of the ,united ,states that-- 7#a7 all eligible citizens of the ,united ,states should access and exercise their constitutional right to vote in a free1 fair1 and timely manner2 and 7#b7 the integrity1 security1 and accountability of the voting process must be vigilantly protected1 maintained1 and enhanced in order to protect and preserve electoral and participatory democracy in the ,united ,states4 #a ,voter ,registration ,modernization #ejbja4 ,short title ,this part may be cited as the ,voter ,registration ,modernization ,act of #bjbj4 ,a ,promoting ,internet ,registration #ejbaa4 ,requiring availability of ,internet for voter registration 7a7 ,requiring ,availability of ,internet for ,registration ,the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjeja et seq47 is amended by inserting after section #f the following new section3 #f;,a4 ,internet ,registration 7a7 ,requiring ,availability of ,internet for ,online ,registration 7#a7 ,availability of online registration ,each ,state1 acting through the chief ,state election official1 shall ensure that the following services are available to the public at any time on the official public websites of the appropriate ,state and local election officials in the ,state1 in the same manner and subject to the same terms and conditions as the services provided by voter registration agencies under section #g7;a73 7,a7 ,online application for voter registration4 7,b7 ,online assistance to applicants in applying to register to vote4 7,c7 ,online completion and submission by applicants of the mail voter registration application form prescribed by the ,election ,assistance ,commission pursuant to section #i7;a77#b71 including assistance with providing a signature as required under subsection 7c74 7,d7 ,online receipt of completed voter registration applications4 7b7 ,acceptance of completed applications ,a ,state shall accept an online voter registration application provided by an individual under this section1 and ensure that the individual is registered to vote in the ,state1 if-- 7#a7 the individual meets the same voter registration requirements applicable to individuals who register to vote by mail in accordance with section #f7;a77#a7 using the mail voter registration application form prescribed by the ,election ,assistance ,commission pursuant to section #i7;a77#b72 and 7#b7 the individual meets the requirements of subsection 7c7 to provide a signature in electronic form 7but only in the case of applications submitted during or after the second year in which this section is in effect in the ,state74 7c7 ,signature requirements 7#a7 ,in general ,for purposes of this section1 an individual meets the requirements of this subsection as follows3 7,a7 ,in the case of an individual who has a signature on file with a ,state agency1 including the ,state motor vehicle authority1 that is required to provide voter registration services under this ,act or any other law1 the individual consents to the transfer of that electronic signature4 7,b7 ,if subparagraph 7,a7 does not apply1 the individual submits with the application an electronic copy of the individual's handwritten signature through electronic means4 7,c7 ,if subparagraph 7,a7 and subparagraph 7,b7 do not apply1 the individual executes a computerized mark in the signature field on an online voter registration application1 in accordance with reasonable security measures established by the ,state1 but only if the ,state accepts such mark from the individual4 7#b7 ,treatment of individuals unable to meet requirement ,if an individual is unable to meet the requirements of paragraph 7#a71 the ,state shall-- 7,a7 permit the individual to complete all other elements of the online voter registration application2 7,b7 permit the individual to provide a signature at the time the individual requests a ballot in an election 7whether the individual requests the ballot at a polling place or requests the ballot by mail72 and 7,c7 if the individual carries out the steps described in subparagraph 7,a7 and subparagraph 7,b71 ensure that the individual is registered to vote in the ,state4 7#c7 ,notice ,the ,state shall ensure that individuals applying to register to vote online are notified of the requirements of paragraph 7#a7 and of the treatment of individuals unable to meet such requirements1 as described in paragraph 7#b74 7d7 ,confirmation and disposition 7#a7 ,confirmation of receipt ,upon the online submission of a completed voter registration application by an individual under this section1 the appropriate ,state or local election official shall send the individual a notice confirming the ,state's receipt of the application and providing instructions on how the individual may check the status of the application4 7#b7 ,notice of disposition ,as soon as the appropriate ,state or local election official has approved or rejected an application submitted by an individual under this section1 the official shall send the individual a notice of the disposition of the application4 7#c7 ,method of notification ,the appropriate ,state or local election official shall send the notices required under this subsection by regular mail1 and1 in the case of an individual who has requested that the ,state provide voter registration and voting information through electronic mail1 by both electronic mail and regular mail4 7e7 ,provision of ,services in ,nonpartisan ,manner ,the services made available under subsection 7a7 shall be provided in a manner that ensures that1 consistent with section #g7;a77#e7-- 7#a7 the online application does not seek to influence an applicant's political preference or party registration2 and 7#b7 there is no display on the website promoting any political preference or party allegiance1 except that nothing in this paragraph may be construed to prohibit an applicant from registering to vote as a member of a political party4 7f7 ,protection of ,security of ,information ,in meeting the requirements of this section1 the ,state shall establish appropriate technological security measures to prevent to the greatest extent practicable any unauthorized access to information provided by individuals using the services made available under subsection 7a74 7g7 ,use of ,additional ,telephone-,based ,system ,a ,state shall make the services made available online under subsection 7a7 available through the use of an automated telephone-based system1 subject to the same terms and conditions applicable under this section to the services made available online1 in addition to making the services available online in accordance with the requirements of this section4 7h7 ,nondiscrimination among registered voters using mail and online registration ,in carrying out this ,act1 the ,help ,america ,vote ,act of #bjjb1 or any other ,federal1 ,state1 or local law governing the treatment of registered voters in the ,state or the administration of elections for public office in the ,state1 a ,state shall treat a registered voter who registered to vote online in accordance with this section in the same manner as the ,state treats a registered voter who registered to vote by mail4 4 7b7 ,special requirements for individuals using online registration 7#a7 ,treatment as individuals registering to vote by mail for purposes of first-time voter identification requirements ,section #cjc7;b77#a77;,a7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajhc7;b77#a77;,a77 is amended by striking by mail and inserting by mail or online under section #f;,a of the ,national ,voter ,registration ,act of #aiic4 7#b7 ,requiring signature for first-time voters in jurisdiction ,section #cjc7;b7 of such ,act 7#eb ,u4,s4,c4 #bajhc7;b77 is amended-- 7,a7 by redesignating paragraph 7#e7 as paragraph 7#f72 and 7,b7 by inserting after paragraph 7#d7 the following new paragraph3 7#e7 ,signature requirements for first-time voters using online registration 7,a7 ,in general ,a ,state shall1 in a uniform and nondiscriminatory manner1 require an individual to meet the requirements of subparagraph 7,b7 if-- 7i7 the individual registered to vote in the ,state online under section #f;,a of the ,national ,voter ,registration ,act of #aiic2 and 7ii7 the individual has not previously voted in an election for ,federal office in the ,state4 7,b7 ,requirements ,an individual meets the requirements of this subparagraph if-- 7i7 in the case of an individual who votes in person1 the individual provides the appropriate ,state or local election official with a handwritten signature2 or 7ii7 in the case of an individual who votes by mail1 the individual submits with the ballot a handwritten signature4 7,c7 ,inapplicability ,subparagraph 7,a7 does not apply in the case of an individual who is-- 7i7 entitled to vote by absentee ballot under the ,uniformed and ,overseas ,citizens ,absentee ,voting ,act 7#eb ,u4,s4,c4 #bjcjb et seq472 7ii7 provided the right to vote otherwise than in person under section #c7;b77#b77;,b77ii7 of the ,voting ,accessibility for the ,elderly and ,handicapped ,act 7#eb ,u4,s4,c4 #bjajb7;b77#b77;,b77ii772 or 7iii7 entitled to vote otherwise than in person under any other ,federal law4 4 7#c7 ,conforming amendment relating to effective date ,section #cjc7;d77#b77;,a7 of such ,act 7#eb ,u4,s4,c4 #bajhc7;d77#b77;,a77 is amended by striking ,each ,state and inserting ,except as provided in subsection 7b77#e71 each ,state4 7c7 ,conforming ,amendments 7#a7 ,timing of registration ,section #h7;a77#a7 of the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjejg7;a77#a77 is amended-- 7,a7 by striking and at the end of subparagraph 7,c72 7,b7 by redesignating subparagraph 7,d7 as subparagraph 7,e72 and 7,c7 by inserting after subparagraph 7,c7 the following new subparagraph3 7,d7 in the case of online registration through the official public website of an election official under section #f;,a1 if the valid voter registration application is submitted online not later than the lesser of #cj days1 or the period provided by ,state law1 before the date of the election 7as determined by treating the date on which the application is sent electronically as the date on which it is submitted72 and 4 7#b7 ,informing applicants of eligibility requirements and penalties ,section #h7;a77#e7 of such ,act 7#eb ,u4,s4,c4 #bjejg7;a77#e77 is amended by striking and #g and inserting #f;,a1 and #g4 #ejbab4 ,use of ,internet to update registration information 7a7 ,in ,general 7#a7 ,updates to information contained on computerized statewide voter registration list ,section #cjc7;a7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajhc7;a77 is amended by adding at the end the following new paragraph3 7#f7 ,use of ,internet by registered voters to update information 7,a7 ,in general ,the appropriate ,state or local election official shall ensure that any registered voter on the computerized list may at any time update the voter's registration information1 including the voter's address and electronic mail address1 online through the official public website of the election official responsible for the maintenance of the list1 so long as the voter attests to the contents of the update by providing a signature in electronic form in the same manner required under section #f;,a7c7 of the ,national ,voter ,registration ,act of #aiic4 7,b7 ,processing of updated information by election officials ,if a registered voter updates registration information under subparagraph 7,a71 the appropriate ,state or local election official shall-- 7i7 revise any information on the computerized list to reflect the update made by the voter2 and 7ii7 if the updated registration information affects the voter's eligibility to vote in an election for ,federal office1 ensure that the information is processed with respect to the election if the voter updates the information not later than the lesser of #g days1 or the period provided by ,state law1 before the date of the election4 7,c7 ,confirmation and disposition 7i7 ,confirmation of receipt ,upon the online submission of updated registration information by an individual under this paragraph1 the appropriate ,state or local election official shall send the individual a notice confirming the ,state's receipt of the updated information and providing instructions on how the individual may check the status of the update4 7ii7 ,notice of disposition ,as soon as the appropriate ,state or local election official has accepted or rejected updated information submitted by an individual under this paragraph1 the official shall send the individual a notice of the disposition of the update4 7iii7 ,method of notification ,the appropriate ,state or local election official shall send the notices required under this subparagraph by regular mail1 and1 in the case of an individual who has requested that the ,state provide voter registration and voting information through electronic mail1 by both electronic mail and regular mail4 4 7#b7 ,conforming amendment relating to effective date ,section #cjc7;d77#a77;,a7 of such ,act 7#eb ,u4,s4,c4 #bajhc7;d77#a77;,a77 is amended by striking subparagraph 7,b7 and inserting subparagraph 7,b7 and subsection 7a77#f74 7b7 ,ability of registrant ,to use online update ,to provide information on residence ,section #h7;d77#b77;,a7 of the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjejg7;d77#b77;,a77 is amended-- 7#a7 in the first sentence1 by inserting after return the card the following3 or update the registrant's information on the computerized statewide voter registration list using the online method provided under section #cjc7;a77#f7 of the ,help ,america ,vote ,act of #bjjb2 and 7#b7 in the second sentence1 by striking returned1 and inserting the following3 returned or if the registrant does not update the registrant's information on the computerized statewide voter registration list using such online method14 #ejbac4 ,provision of election information by electronic mail to individuals registered to vote 7a7 ,including ,option on ,voter ,registration ,application ,to ,provide ,email ,address and ,receive ,information 7#a7 ,in general ,section #i7;b7 of the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjejh7;b77 is amended-- 7,a7 by striking and at the end of paragraph 7#c72 7,b7 by striking the period at the end of paragraph 7#d7 and inserting 2 and2 and 7,c7 by adding at the end the following new paragraph3 7#e7 shall include a space for the applicant to provide 7at the applicant's option7 an electronic mail address1 together with a statement that1 if the applicant so requests1 instead of using regular mail the appropriate ,state and local election officials shall provide to the applicant1 through electronic mail sent to that address1 the same voting information 7as defined in section #cjb7;b77#b7 of the ,help ,america ,vote ,act of #bjjb7 which the officials would provide to the applicant through regular mail4 4 7#b7 ,prohibiting use for purposes unrelated to official duties of election officials ,section #i of such ,act 7#eb ,u4,s4,c4 #bjejh7 is amended by adding at the end the following new subsection3 7c7 ,prohibiting use of electronic mail addresses for other than official purposes ,the chief ,state election official shall ensure that any electronic mail address provided by an applicant under subsection 7b77#e7 is used only for purposes of carrying out official duties of election officials and is not transmitted by any ,state or local election official 7or any agent of such an official1 including a contractor7 to any person who does not require the address to carry out such official duties and who is not under the direct supervision and control of a ,state or local election official4 4 7b7 ,requiring ,provision of ,information by ,election ,officials ,section #cjb7;b7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajhb7;b77 is amended by adding at the end the following new paragraph3 7#c7 ,provision of other information by electronic mail ,if an individual who is a registered voter has provided the ,state or local election official with an electronic mail address for the purpose of receiving voting information 7as described in section #i7;b77#e7 of the ,national ,voter ,registration ,act of #aiic71 the appropriate ,state or local election official1 through electronic mail transmitted not later than #g days before the date of the election involved1 shall provide the individual with information on how to obtain the following information by electronic means3 7,a7 ,the name and address of the polling place at which the individual is assigned to vote in the election4 7,b7 ,the hours of operation for the polling place4 7,c7 ,a description of any identification or other information the individual may be required to present at the polling place4 4 #ejbad4 ,clarification of requirement regarding necessary information to show eligibility to vote ,section #h of the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjejg7 is amended-- 7#a7 by redesignating subsection 7j7 as subsection 7k72 and 7#b7 by inserting after subsection 7i7 the following new subsection3 7j7 ,requirement for ,state ,to ,register ,applicants ,providing ,necessary ,information ,to ,show ,eligibility ,to ,vote ,for purposes meeting the requirement of subsection 7a77#a7 that an eligible applicant is registered to vote in an election for ,federal office within the deadlines required under such subsection1 the ,state shall consider an applicant to have provided a valid voter registration form if-- 7#a7 the applicant has accurately completed the application form and attested to the statement required by section #i7;b77#b72 and 7#b7 in the case of an applicant who registers to vote online in accordance with section #f;,a1 the applicant provides a signature in accordance with subsection 7c7 of such section4 4 #ejbae4 ,effective date 7a7 ,in ,general ,except as provided in subsection 7b71 the amendments made by this subpart 7other than the amendments made by section #ejbad7 shall take effect ,january #a1 #bjbb4 7b7 ,waiver ,subject to the approval of the ,election ,assistance ,commission1 if a ,state certifies to the ,election ,assistance ,commission that the ,state will not meet the deadline referred to in subsection 7a7 because of extraordinary circumstances and includes in the certification the reasons for the failure to meet the deadline1 subsection 7a7 shall apply to the ,state as if the reference in such subsection to ,january #a1 #bjbj were a reference to ,january #a1 #bjbd4 ,b ,automatic ,voter ,registration #ejbaf4 ,short title2 findings and purpose 7a7 ,short title ,this subpart may be cited as the ,automatic ,voter ,registration ,act of #bjbj4 7b7 ,findings and purpose 7#a7 ,findings ,congress finds that-- 7,a7 the right to vote is a fundamental right of citizens of the ,united ,states2 7,b7 it is the responsibility of the ,state and ,federal governments to ensure that every eligible citizen is registered to vote2 7,c7 existing voter registration systems can be inaccurate1 costly1 inaccessible and confusing1 with damaging effects on voter participation in elections and disproportionate impacts on young people1 persons with disabilities1 and racial and ethnic minorities2 and 7,d7 voter registration systems must be updated with #bast century technologies and procedures to maintain their security4 7#b7 ,purpose ,it is the purpose of this subpart-- 7,a7 to establish that it is the responsibility of government at every level to ensure that all eligible citizens are registered to vote2 7,b7 to enable the ,state and ,federal governments to register all eligible citizens to vote with accurate1 cost-efficient1 and up-to-date procedures2 7,c7 to modernize voter registration and list maintenance procedures with electronic and ,internet capabilities2 and 7,d7 to protect and enhance the integrity1 accuracy1 efficiency1 and accessibility of the electoral process for all eligible citizens4 #ejbag4 ,automatic registration of eligible individuals 7a7 ,requiring ,states ,to establish and operate automatic registration system 7#a7 ,in general ,the chief ,state election official of each ,state shall establish and operate a system of automatic registration for the registration of eligible individuals to vote for elections for ,federal office in the ,state1 in accordance with the provisions of this part4 7#b7 ,definition ,the term automatic registration means a system that registers an individual to vote in elections for ,federal office in a ,state1 if eligible1 by electronically transferring the information necessary for registration from government agencies to election officials of the ,state so that1 unless the individual affirmatively declines to be registered1 the individual will be registered to vote in such elections4 7b7 ,registration of voters based on new agency records ,the chief ,state election official shall-- 7#a7 not later than #ae days after a contributing agency has transmitted information with respect to an individual pursuant to section #ejbah1 ensure that the individual is registered to vote in elections for ,federal office in the ,state if the individual is eligible to be registered to vote in such elections2 and 7#b7 send written notice to the individual1 in addition to other means of notice established by this subpart1 of the individual's voter registration status4 7c7 ,one-,time registration of voters based on existing contributing agency records ,the chief ,state election official shall-- 7#a7 identify all individuals whose information is transmitted by a contributing agency pursuant to section #ejbai and who are eligible to be1 but are not currently1 registered to vote in that ,state2 7#b7 promptly send each such individual written notice1 in addition to other means of notice established by this subpart1 which shall not identify the contributing agency that transmitted the information but shall include-- 7,a7 an explanation that voter registration is voluntary1 but if the individual does not decline registration1 the individual will be registered to vote2 7,b7 a statement offering the opportunity to decline voter registration through means consistent with the requirements of this subpart2 7,c7 in the case of a ,state in which affiliation or enrollment with a political party is required in order to participate in an election to select the party's candidate in an election for ,federal office1 a statement offering the individual the opportunity to affiliate or enroll with a political party or to decline to affiliate or enroll with a political party1 through means consistent with the requirements of this subpart2 7,d7 the substantive qualifications of an elector in the ,state as listed in the mail voter registration application form for elections for ,federal office prescribed pursuant to section #i of the ,national ,voter ,registration ,act of #aiic1 the consequences of false registration1 and a statement that the individual should decline to register if the individual does not meet all those qualifications2 7,e7 instructions for correcting any erroneous information2 and 7,f7 instructions for providing any additional information which is listed in the mail voter registration application form for elections for ,federal office prescribed pursuant to section #i of the ,national ,voter ,registration ,act of #aiic2 7#c7 ensure that each such individual who is eligible to register to vote in elections for ,federal office in the ,state is promptly registered to vote not later than #de days after the official sends the individual the written notice under paragraph 7#b71 unless1 during the #cj-;day period which begins on the date the election official sends the individual such written notice1 the individual declines registration in writing1 through a communication made over the ,internet1 or by an officially logged telephone communication2 and 7#d7 send written notice to each such individual1 in addition to other means of notice established by this subpart1 of the individual's voter registration status4 7d7 ,treatment of individuals under #ah years of age ,a ,state may not refuse to treat an individual as an eligible individual for purposes of this part on the grounds that the individual is less than #ah years of age at the time a contributing agency receives information with respect to the individual1 so long as the individual is at least #af years of age at such time4 7e7 ,contributing agency defined ,in this part1 the term contributing agency means1 with respect to a ,state1 an agency listed in section #ejbah7;e74 #ejbah4 ,contributing agency assistance in registration 7a7 ,in general ,in accordance with this part1 each contributing agency in a ,state shall assist the ,state's chief election official in registering to vote all eligible individuals served by that agency4 7b7 ,requirements for contributing agencies 7#a7 ,instructions on automatic registration ,with each application for service or assistance1 and with each related recertification1 renewal1 or change of address1 or1 in the case of an institution of higher education1 with each registration of a student for enrollment in a course of study1 each contributing agency that 7in the normal course of its operations7 requests individuals to affirm ,united ,states citizenship 7either directly or as part of the overall application for service or assistance7 shall inform each such individual who is a citizen of the ,united ,states of the following3 7,a7 ,unless that individual declines to register to vote1 or is found ineligible to vote1 the individual will be registered to vote or1 if applicable1 the individual's registration will be updated4 7,b7 ,the substantive qualifications of an elector in the ,state as listed in the mail voter registration application form for elections for ,federal office prescribed pursuant to section #i of the ,national ,voter ,registration ,act of #aiic1 the consequences of false registration1 and the individual should decline to register if the individual does not meet all those qualifications4 7,c7 ,in the case of a ,state in which affiliation or enrollment with a political party is required in order to participate in an election to select the party's candidate in an election for ,federal office1 the requirement that the individual must affiliate or enroll with a political party in order to participate in such an election4 7,d7 ,voter registration is voluntary1 and neither registering nor declining to register to vote will in any way affect the availability of services or benefits1 nor be used for other purposes4 7#b7 ,opportunity to decline registration required ,each contributing agency shall ensure that each application for service or assistance1 and each related recertification1 renewal1 or change of address1 or1 in the case of an institution of higher education1 each registration of a student for enrollment in a course of study1 cannot be completed until the individual is given the opportunity to decline to be registered to vote4 7#c7 ,information transmittal ,upon the expiration of the #cj-;day period which begins on the date the contributing agency informs the individual of the information described in paragraph 7#a71 each contributing agency shall electronically transmit to the appropriate ,state election official1 in a format compatible with the statewide voter database maintained under section #cjc of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajhc71 the following information1 unless during such #cj-;day period the individual declined to be registered to vote3 7,a7 ,the individual's given name7s7 and surname7s74 7,b7 ,the individual's date of birth4 7,c7 ,the individual's residential address4 7,d7 ,information showing that the individual is a citizen of the ,united ,states4 7,e7 ,the date on which information pertaining to that individual was collected or last updated4 7,f7 ,if available1 the individual's signature in electronic form4 7,g7 ,information regarding the individual's affiliation or enrollment with a political party1 if the individual provides such information4 7,h7 ,any additional information listed in the mail voter registration application form for elections for ,federal office prescribed pursuant to section #i of the ,national ,voter ,registration ,act of #aiic1 including any valid driver's license number or the last #d digits of the individual's social security number1 if the individual provided such information4 7c7 ,alternate procedure for certain contributing agencies ,with each application for service or assistance1 and with each related recertification1 renewal1 or change of address1 or in the case of an institution of higher education1 with each registration of a student for enrollment in a course of study1 any contributing agency that in the normal course of its operations does not request individuals applying for service or assistance to affirm ,united ,states citizenship 7either directly or as part of the overall application for service or assistance7 shall-- 7#a7 complete the requirements of section #g7;a77#f7 of the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjejf7;a77#f772 7#b7 ensure that each applicant's transaction with the agency cannot be completed until the applicant has indicated whether the applicant wishes to register to vote or declines to register to vote in elections for ,federal office held in the ,state2 and 7#c7 for each individual who wishes to register to vote1 transmit that individual's information in accordance with subsection 7b77#c74 7d7 ,required availability of automatic registration opportunity with each application for service or assistance ,each contributing agency shall offer each individual1 with each application for service or assistance1 and with each related recertification1 renewal1 or change of address1 or in the case of an institution of higher education1 with each registration of a student for enrollment in a course of study1 the opportunity to register to vote as prescribed by this section without regard to whether the individual previously declined a registration opportunity4 7e7 ,contributing agencies 7#a7 ,state agencies ,in each ,state1 each of the following agencies shall be treated as a contributing agency3 7,a7 ,each agency in a ,state that is required by ,federal law to provide voter registration services1 including the ,state motor vehicle authority and other voter registration agencies under the ,national ,voter ,registration ,act of #aiic4 7,b7 ,each agency in a ,state that administers a program pursuant to title ,,iii of the ,social ,security ,act 7#db ,u4,s4,c4 #eja et seq471 title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq471 or the ,patient ,protection and ,affordable ,care ,act 7,public ,law #aaa-adh74 7,c7 ,each ,state agency primarily responsible for regulating the private possession of firearms4 7,d7 ,each ,state agency primarily responsible for maintaining identifying information for students enrolled at public secondary schools1 including1 where applicable1 the ,state agency responsible for maintaining the education data system described in section #fbja7;e77#b7 of the ,america ,,competes ,act 7#bj ,u4,s4,c4 #ihga7;e77#b774 7,e7 ,in the case of a ,state in which an individual disenfranchised by a criminal conviction may become eligible to vote upon completion of a criminal sentence or any part thereof1 or upon formal restoration of rights1 the ,state agency responsible for administering that sentence1 or part thereof1 or that restoration of rights4 7,f7 ,any other agency of the ,state which is designated by the ,state as a contributing agency4 7#b7 ,federal agencies ,in each ,state1 each of the following agencies of the ,federal ,government shall be treated as a contributing agency with respect to individuals who are residents of that ,state 7except as provided in subparagraph 7,c773 7,a7 ,the ,social ,security ,administration1 the ,department of ,veterans ,affairs1 the ,defense ,manpower ,data ,center of the ,department of ,defense1 the ,employee and ,training ,administration of the ,department of ,labor1 and the ,center for ,medicare ,medicaid ,services of the ,department of ,health and ,human ,services4 7,b7 ,the ,bureau of ,citizenship and ,immigration ,services1 but only with respect to individuals who have completed the naturalization process4 7,c7 ,in the case of an individual who is a resident of a ,state in which an individual disenfranchised by a criminal conviction under ,federal law may become eligible to vote upon completion of a criminal sentence or any part thereof1 or upon formal restoration of rights1 the ,federal agency responsible for administering that sentence or part thereof 7without regard to whether the agency is located in the same ,state in which the individual is a resident71 but only with respect to individuals who have completed the criminal sentence or any part thereof4 7,d7 ,any other agency of the ,federal ,government which the ,state designates as a contributing agency1 but only if the ,state and the head of the agency determine that the agency collects information sufficient to carry out the responsibilities of a contributing agency under this section4 7#c7 ,institutions of higher education ,each institution of higher education that receives ,federal funds shall be treated as a contributing agency in the ,state in which it is located1 but only with respect to students of the institution 7including students who attend classes online7 who reside in the ,state4 ,an institution of higher education described in the previous sentence shall be exempt from the voter registration requirements of section #dhg7;a77#bc7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajid7;a77#bc77 if the institution is in compliance with the applicable requirements of this part4 7#d7 ,publication ,not later than #ahj days prior to the date of each election for ,federal office held in the ,state1 the chief ,state election official shall publish on the public website of the official an updated list of all contributing agencies in that ,state4 7#e7 ,public education ,the chief ,state election official of each ,state1 in collaboration with each contributing agency1 shall take appropriate measures to educate the public about voter registration under this section4 #ejbai4 ,one-time contributing agency assistance in registration of eligible voters in existing records 7a7 ,initial transmittal of information ,for each individual already listed in a contributing agency's records as of the date of enactment of this ,act1 and for whom the agency has the information listed in section #ejbah7;b77#c71 the agency shall promptly transmit that information to the appropriate ,state election official in accordance with section #ejbah7;b77#c7 not later than the effective date described in section #ejbaf7;a74 7b7 ,transition ,for each individual listed in a contributing agency's records as of the effective date described in section #ejbaf7;a7 7but who was not listed in a contributing agency's records as of the date of enactment of this ,act71 and for whom the agency has the information listed in section #ejbah7;b77#c71 the ,agency shall promptly transmit that information to the appropriate ,state election official in accordance with section #ejbah7;b77#c7 not later than #f months after the effective date described in section #ejbaf7;a74 #ejbbj4 ,voter protection and security in automatic registration 7a7 ,protections for errors in registration ,an individual shall not be prosecuted under any ,federal law1 adversely affected in any civil adjudication concerning immigration status or naturalization1 or subject to an allegation in any legal proceeding that the individual is not a citizen of the ,united ,states on any of the following grounds3 7#a7 ,the individual notified an election office of the individual's automatic registration to vote under this part4 7#b7 ,the individual is not eligible to vote in elections for ,federal office but was automatically registered to vote under this part4 7#c7 ,the individual was automatically registered to vote under this part at an incorrect address4 7#d7 ,the individual declined the opportunity to register to vote or did not make an affirmation of citizenship1 including through automatic registration1 under this part4 7b7 ,limits on use of automatic registration ,the automatic registration of any individual or the fact that an individual declined the opportunity to register to vote or did not make an affirmation of citizenship 7including through automatic registration7 under this part may not be used as evidence against that individual in any ,state or ,federal law enforcement proceeding1 and an individual's lack of knowledge or willfulness of such registration may be demonstrated by the individual's testimony alone4 7c7 ,protection of election integrity ,nothing in subsections 7a7 or 7b7 may be construed to prohibit or restrict any action under color of law against an individual who-- 7#a7 knowingly and willfully makes a false statement to effectuate or perpetuate automatic voter registration by any individual2 or 7#b7 casts a ballot knowingly and willfully in violation of ,state law or the laws of the ,united ,states4 7d7 ,contributing agencies' protection of information ,nothing in this part authorizes a contributing agency to collect1 retain1 transmit1 or publicly disclose any of the following3 7#a7 ,an individual's decision to decline to register to vote or not to register to vote4 7#b7 ,an individual's decision not to affirm his or her citizenship4 7#c7 ,any information that a contributing agency transmits pursuant to section #ejbah7;b77#c71 except in pursuing the agency's ordinary course of business4 7e7 ,election officials' protection of information 7#a7 ,public disclosure prohibited 7,a7 ,in general ,subject to subparagraph 7,b71 with respect to any individual for whom any ,state election official receives information from a contributing agency1 the ,state election officials shall not publicly disclose any of the following3 7i7 ,the identity of the contributing agency4 7ii7 ,any information not necessary to voter registration4 7iii7 ,any voter information otherwise shielded from disclosure under ,state law or section #h7;a7 of the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjejg7;a774 7iv7 ,any portion of the individual's social security number4 7v7 ,any portion of the individual's motor vehicle driver's license number4 7vi7 ,the individual's signature4 7vii7 ,the individual's telephone number4 7viii7 ,the individual's email address4 7,b7 ,special rule for individuals registered to vote ,with respect to any individual for whom any ,state election official receives information from a contributing agency and who1 on the basis of such information1 is registered to vote in the ,state under this part1 the ,state election officials shall not publicly disclose any of the following3 7i7 ,the identity of the contributing agency4 7ii7 ,any information not necessary to voter registration4 7iii7 ,any voter information otherwise shielded from disclosure under ,state law or section #h7;a7 of the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjejg7;a774 7iv7 ,any portion of the individual's social security number4 7v7 ,any portion of the individual's motor vehicle driver's license number4 7vi7 ,the individual's signature4 7#b7 ,voter record changes ,each ,state shall maintain for at least #b years and shall make available for public inspection and1 where available1 photocopying at a reasonable cost1 all records of changes to voter records1 including removals and updates4 7#c7 ,database management standards ,the ,director of the ,national ,institute of ,standards and ,technology shall1 after providing the public with notice and the opportunity to comment-- 7,a7 establish standards governing the comparison of data for voter registration list maintenance purposes1 identifying as part of such standards the specific data elements1 the matching rules used1 and how a ,state may use the data to determine and deem that an individual is ineligible under ,state law to vote in an election1 or to deem a record to be a duplicate or outdated2 7,b7 ensure that the standards developed pursuant to this paragraph are uniform and nondiscriminatory and are applied in a uniform and nondiscriminatory manner2 and 7,c7 publish the standards developed pursuant to this paragraph on the ,director's website and make those standards available in written form upon request4 7#d7 ,security policy ,the ,director of the ,national ,institute of ,standards and ,technology shall1 after providing the public with notice and the opportunity to comment1 publish privacy and security standards for voter registration information4 ,the standards shall require the chief ,state election official of each ,state to adopt a policy that shall specify-- 7,a7 each class of users who shall have authorized access to the computerized statewide voter registration list1 specifying for each class the permission and levels of access to be granted1 and setting forth other safeguards to protect the privacy1 security1 and accuracy of the information on the list2 and 7,b7 security safeguards to protect personal information transmitted through the information transmittal processes of section #ejbah or section #ejbai1 the online system used pursuant to section #ejbbb1 any telephone interface1 the maintenance of the voter registration database1 and any audit procedure to track access to the system4 7#e7 ,state compliance with national standards 7,a7 ,certification ,the chief executive officer of the ,state shall annually file with the ,election ,assistance ,commission a statement certifying to the ,director of the ,national ,institute of ,standards and ,technology that the ,state is in compliance with the standards referred to in paragraphs 7#d7 and 7#e74 ,a ,state may meet the requirement of the previous sentence by filing with the ,commission a statement which reads as follows3 hereby certifies that it is in compliance with the standards referred to in paragraphs 7#d7 and 7#e7 of section #aae7;e7 of the ,automatic ,voter ,registration ,act of #bjbj4 7with the blank to be filled in with the name of the ,state involved74 7,b7 ,publication of policies and procedures ,the chief ,state election official of a ,state shall publish on the official's website the policies and procedures established under this section1 and shall make those policies and procedures available in written form upon public request4 7,c7 ,funding dependent on certification ,if a ,state does not timely file the certification required under this paragraph1 it shall not receive any payment under this part for the upcoming fiscal year4 7,d7 ,compliance of ,states that require changes to ,state law ,in the case of a ,state that requires ,state legislation to carry out an activity covered by any certification submitted under this paragraph1 for a period of not more than #b years the ,state shall be permitted to make the certification notwithstanding that the legislation has not been enacted at the time the certification is submitted1 and such ,state shall submit an additional certification once such legislation is enacted4 7f7 ,restrictions on use of information ,no person acting under color of law may discriminate against any individual based on1 or use for any purpose other than voter registration1 election administration1 or enforcement relating to election crimes1 any of the following3 7#a7 ,voter registration records4 7#b7 ,an individual's declination to register to vote or complete an affirmation of citizenship under section #ejbah7;b74 7#c7 ,an individual's voter registration status4 7g7 ,prohibition on the use of voter registration information for commercial purposes ,information collected under this part shall not be used for commercial purposes4 ,nothing in this subsection may be construed to prohibit the transmission1 exchange1 or dissemination of information for political purposes1 including the support of campaigns for election for ,federal1 ,state1 or local public office or the activities of political committees 7including committees of political parties7 under the ,federal ,election ,campaign ,act of #aiga4 #ejbba4 ,registration portability and correction 7a7 ,correcting registration information at polling place ,notwithstanding section #cjb7;a7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajhb7;a771 if an individual is registered to vote in elections for ,federal office held in a ,state1 the appropriate election official at the polling pace for any such election 7including a location used as a polling place on a date other than the date of the election7 shall permit the individual to-- 7#a7 update the individual's address for purposes of the records of the election official2 7#b7 correct any incorrect information relating to the individual1 including the individual's name and political party affiliation1 in the records of the election official2 and 7#c7 cast a ballot in the election on the basis of the updated address or corrected information1 and to have the ballot treated as a regular ballot and not as a provisional ballot under section #cjb7;a7 of such ,act4 7b7 ,updates to computerized statewide voter registration lists ,if an election official at the polling place receives an updated address or corrected information from an individual under subsection 7a71 the official shall ensure that the address or information is promptly entered into the computerized statewide voter registration list in accordance with section #cjc7;a77#a77;,a77vi7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajhc7;a77#a77;,a77vi774 #ejbbb4 ,payments and grants 7a7 ,in general ,the ,election ,assistance ,commission shall make grants to each eligible ,state to assist the ,state in implementing the requirements of this part 7or1 in the case of an exempt ,state1 in implementing its existing automatic voter registration program74 7b7 ,eligibility2 application ,a ,state is eligible to receive a grant under this section if the ,state submits to the ,commission1 at such time and in such form as the ,commission may require1 an application containing-- 7#a7 a description of the activities the ,state will carry out with the grant2 7#b7 an assurance that the ,state shall carry out such activities without partisan bias and without promoting any particular point of view regarding any issue2 and 7#c7 such other information and assurances as the ,commission may require4 7c7 ,amount of grant2 priorities ,the ,commission shall determine the amount of a grant made to an eligible ,state under this section4 ,in determining the amounts of the grants1 the ,commission shall give priority to providing funds for those activities which are most likely to accelerate compliance with the requirements of this part 7or1 in the case of an exempt ,state1 which are most likely to enhance the ability of the ,state to automatically register individuals to vote through its existing automatic voter registration program71 including-- 7#a7 investments supporting electronic information transfer1 including electronic collection and transfer of signatures1 between contributing agencies and the appropriate ,state election officials2 7#b7 updates to online or electronic voter registration systems already operating as of the date of the enactment of this ,act2 7#c7 introduction of online voter registration systems in jurisdictions in which those systems did not previously exist2 and 7#d7 public education on the availability of new methods of registering to vote1 updating registration1 and correcting registration4 7d7 ,authorization of appropriations 7#a7 ,authorization ,there are authorized to be appropriated to carry out this section-- 7,a7 #ejj1jjj1jjj for fiscal year #bjbb2 and 7,b7 such sums as may be necessary for each succeeding fiscal year4 7#b7 ,continuing availability of funds ,any amounts appropriated pursuant to the authority of this subsection shall remain available without fiscal year limitation until expended4 #ejbbc4 ,treatment of exempt ,states 7a7 ,waiver of requirements ,except as provided in subsection 7b71 this part does not apply with respect to an exempt ,state4 7b7 ,exceptions ,the following provisions of this part apply with respect to an exempt ,state3 7#a7 ,section #ejcaaf 7relating to registration portability and correction74 7#b7 ,section #ejcaag 7relating to payments and grants74 7#c7 ,section #ejcaai7;e7 7relating to enforcement74 7#d7 ,section #ejcaai7;f7 7relating to relation to other laws74 #ejbbd4 ,miscellaneous provisions 7a7 ,accessibility of registration services ,each contributing agency shall ensure that the services it provides under this part are made available to individuals with disabilities to the same extent as services are made available to all other individuals4 7b7 ,transmission through secure third party permitted ,nothing in this part shall be construed to prevent a contributing agency from contracting with a third party to assist the agency in meeting the information transmittal requirements of this part1 so long as the data transmittal complies with the applicable requirements of this part1 including the privacy and security provisions of section #ejbbj4 7c7 ,nonpartisan1 nondiscriminatory provision of services ,the services made available by contributing agencies under this part and by the ,state under sections #ejcajjf and #ejcajjg shall be made in a manner consistent with paragraphs 7#d71 7#e71 and 7#f77;,c7 of section #g7;a7 of the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjejf7;a774 7d7 ,notices ,each ,state may send notices under this part via electronic mail if the individual has provided an electronic mail address and consented to electronic mail communications for election-related materials4 ,all notices sent pursuant to this part that require a response must offer the individual notified the opportunity to respond at no cost to the individual4 7e7 ,enforcement ,section #aa of the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjeaj71 relating to civil enforcement and the availability of private rights of action1 shall apply with respect to this part in the same manner as such section applies to such ,act4 7f7 ,relation to other laws ,except as provided1 nothing in this part may be construed to authorize or require conduct prohibited under1 or to supersede1 restrict1 or limit the application of any of the following3 7#a7 ,the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcja et seq474 7#b7 ,the ,uniformed and ,overseas ,citizens ,absentee ,voting ,act 7#eb ,u4,s4,c4 #bjcja et seq474 7#c7 ,the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjeja et seq474 7#d7 ,the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bjija et seq474 #ejbbe4 ,definitions ,in this part1 the following definitions apply3 7#a7 ,the term chief ,state election official means1 with respect to a ,state1 the individual designated by the ,state under section #aj of the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjeji7 to be responsible for coordination of the ,state's responsibilities under such ,act4 7#b7 ,the term ,commission means the ,election ,assistance ,commission4 7#c7 ,the term exempt ,state means a ,state which1 under law which is in effect continuously on and after the date of the enactment of this ,act1 operates an automatic voter registration program under which an individual is automatically registered to vote in elections for ,federal office in the ,state if the individual provides the motor vehicle authority of the ,state with such identifying information as the ,state may require4 7#d7 ,the term ,state means each of the several ,states and the ,district of ,columbia4 #ejbbf4 ,effective date 7a7 ,in general ,except as provided in subsection 7b71 this part and the amendments made by this part shall apply with respect to a ,state beginning ,january #a1 #bjbc4 7b7 ,waiver ,subject to the approval of the ,commission1 if a ,state certifies to the ,commission that the ,state will not meet the deadline referred to in subsection 7a7 because of extraordinary circumstances and includes in the certification the reasons for the failure to meet the deadline1 subsection 7a7 shall apply to the ,state as if the reference in such subsection to ,january #a1 #bjba were a reference to ,january #a1 #bjbe4 ,c ,conditions on ,removal on ,basis of ,interstate ,cross-,checks #ejbbg4 ,conditions on removal of registrants from official list of eligible voters on basis of interstate cross-checks 7a7 ,minimum information required for removal under cross-,check ,section #h7;c77#b7 of the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjejg7;c77#b77 is amended-- 7#a7 by redesignating subparagraph 7,b7 as subparagraph 7,d72 and 7#b7 by inserting after subparagraph 7,a7 the following new subparagraphs3 7,b7 ,to the extent that the program carried out by a ,state under subparagraph 7,a7 to systematically remove the names of ineligible voters from the official lists of eligible voters uses information obtained in an interstate cross-check1 the ,state may not remove the name of the voter from such a list unless-- 7i7 the ,state obtained the voter's full name 7including the voter's middle name1 if any7 and date of birth1 and the last #d digits of the voter's social security number1 in the interstate cross-check2 or 7ii7 the ,state obtained documentation from the ,,eric system that the voter is no longer a resident of the ,state4 7,c7 ,in this paragraph-- 7i7 the term interstate cross-check means the transmission of information from an election official in one ,state to an election official of another ,state2 and 7ii7 the term ,,eric system means the system operated by the ,electronic ,registration ,information ,center to share voter registration information and voter identification information among participating ,states4 4 7b7 ,requiring completion of cross-,checks not later than #f months prior to election ,subparagraph 7,a7 of section #h7;c77#b7 of such ,act 7#eb ,u4,s4,c4 #bjejg7;c77#b77 is amended by striking not later than #ij days and inserting the following3 not later than #ij days 7or1 in the case of a program in which the ,state uses interstate cross-checks1 not later than #f months74 7c7 ,conforming amendment ,subparagraph 7,f7 of section #h7;c77#b7 of such ,act 7#eb ,u4,s4,c4 #bjejg7;c77#b77 is amended by striking ,subparagraph 7,a7 and inserting ,this paragraph4 7d7 ,effective date ,the amendments made by this subtitle shall apply with respect to elections held on or after the expiration of the #f-month period which begins on the date of the enactment of this ,act4 ,d ,other ,initiatives ,to ,promote ,voter ,registration #ejbbh4 ,acceptance of voter registration applications from individuals under #ah years of age 7a7 ,acceptance of applications ,section #h of the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjejg71 as amended by section #ejbad1 is amended-- 7#a7 by redesignating subsection 7k7 as subsection 7l72 and 7#b7 by inserting after subsection 7j7 the following new subsection3 7k7 ,acceptance of applications from individuals under #ah years of age 7#a7 ,in general ,a ,state may not refuse to accept or process an individual's application to register to vote in elections for ,federal office on the grounds that the individual is under #ah years of age at the time the individual submits the application1 so long as the individual is at least #af years of age at such time4 7#b7 ,no effect on ,state voting age requirements ,nothing in paragraph 7#a7 may be construed to require a ,state to permit an individual who is under #ah years of age at the time of an election for ,federal office to vote in the election4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall apply with respect to elections occurring on or after ,january #a1 #bjbb4 #ejbbi4 ,annual reports on voter registration statistics 7a7 ,annual report ,not later than #ij days after the end of each year1 each ,state shall submit to the ,election ,assistance ,commission and ,congress a report containing the following categories of information for the year3 7#a7 ,the number of individuals who were registered under part #b4 7#b7 ,the number of voter registration application forms completed by individuals that were transmitted by motor vehicle authorities in the ,state 7pursuant to section #e7;d7 of the ,national ,voter ,registration ,act of #aiic7 and voter registration agencies in the ,state 7as designated under section #g of such ,act7 to the chief ,state election official of the ,state1 broken down by each such authority and agency4 7#c7 ,the number of such individuals whose voter registration application forms were accepted and who were registered to vote in the ,state and the number of such individuals whose forms were rejected and who were not registered to vote in the ,state1 broken down by each such authority and agency4 7#d7 ,the number of change of address forms and other forms of information indicating that an individual's identifying information has been changed that were transmitted by such motor vehicle authorities and voter registration agencies to the chief ,state election official of the ,state1 broken down by each such authority and agency and the type of form transmitted4 7#e7 ,the number of individuals on the statewide computerized voter registration list 7as established and maintained under section #cjc of the ,help ,america ,vote ,act of #bjjb7 whose voter registration information was revised by the chief ,state election official as a result of the forms transmitted to the official by such motor vehicle authorities and voter registration agencies 7as described in paragraph 7#c771 broken down by each such authority and agency and the type of form transmitted4 7#f7 ,the number of individuals who requested the chief ,state election official to revise voter registration information on such list1 and the number of individuals whose information was revised as a result of such a request4 7b7 ,breakdown of information by race and ethnicity of ,individuals ,in preparing the report under this section1 the ,state shall1 for each category of information described in subsection 7a71 include a breakdown by race and ethnicity of the individuals whose information is included in the category1 to the extent that information on the race and ethnicity of such individuals is available to the ,state4 7c7 ,confidentiality of information ,in preparing and submitting a report under this section1 the chief ,state election official shall ensure that no information regarding the identification of any individual is revealed4 7d7 ,state defined ,in this section1 a ,state includes the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 the ,united ,states ,virgin ,islands1 ,guam1 ,american ,samoa1 and the ,commonwealth of the ,northern ,mariana ,islands1 but does not include any ,state in which1 under a ,state law in effect continuously on and after the date of the enactment of this ,act1 there is no voter registration requirement for individuals in the ,state with respect to elections for ,federal office4 ,e ,availability of ,,hava ,requirements ,payments #ejbcj4 ,availability of requirements payments under ,,hava to cover costs of compliance with new requirements 7a7 ,in ,general ,section #bea7;b7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajja7;b77 is amended-- 7#a7 in paragraph 7#a71 by striking 7#b7 and 7#c7 and inserting 7#b71 7#c71 and 7#d72 and 7#b7 by adding at the end the following new paragraph3 7#d7 ,certain voter registration activities ,a ,state may use a requirements payment to carry out any of the requirements of the ,voter ,registration ,modernization ,act of #bjbj1 including the requirements of the ,national ,voter ,registration ,act of #aiic which are imposed pursuant to the amendments made to such ,act by the ,voter ,registration ,modernization ,act of #bjbj4 4 7b7 ,conforming ,amendment ,section #bed7;a77#a7 of such ,act 7#eb ,u4,s4,c4 #bajjd7;a77#a77 is amended by striking section #bea7;a77#b7 and inserting section #bea7;b77#b74 7c7 ,effective ,date ,the amendments made by this section shall apply with respect to fiscal year #bjbb and each succeeding fiscal year4 ,f ,prohibiting ,interference ,with ,voter ,registration #ejbca4 ,prohibiting hindering1 interfering with1 or preventing voter registration 7a7 ,in general ,chapter #bi of title #ah1 ,united ,states ,code1 is amended by adding at the end the following new section3 #fab4 ,hindering1 interfering with1 or preventing registering to vote 7a7 ,prohibition ,it shall be unlawful for any person1 whether acting under color of law or otherwise1 to corruptly hinder1 interfere with1 or prevent another person from registering to vote or to corruptly hinder1 interfere with1 or prevent another person from aiding another person in registering to vote4 7b7 ,attempt ,any person who attempts to commit any offense described in subsection 7a7 shall be subject to the same penalties as those prescribed for the offense that the person attempted to commit4 7c7 ,penalty ,any person who violates subsection 7a7 shall be fined under this title1 imprisoned not more than #e years1 or both4 4 7b7 ,clerical amendment ,the table of sections for chapter #bi of title #ah1 ,united ,states ,code1 is amended by adding at the end the following new item3 #fab4 ,hindering1 interfering with1 or preventing registering to vote4 4 7c7 ,effective ,date ,the amendments made by this section shall apply with respect to elections held on or after the date of the enactment of this ,act1 except that no person may be found to have violated section #fab of title #ah1 ,united ,states ,code 7as added by subsection 7a771 on the basis of any act occurring prior to the date of the enactment of this ,act4 #ejbcb4 ,establishment of best practices 7a7 ,best practices ,not later than #ahj days after the date of the enactment of this ,act1 the ,election ,assistance ,commission shall develop and publish recommendations for best practices for ,states to use to deter and prevent violations of section #fab of title #ah1 ,united ,states ,code 7as added by section #ejbca71 and section #ab of the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjeaa7 7relating to the unlawful interference with registering to vote1 or voting1 or attempting to register to vote or vote71 including practices to provide for the posting of relevant information at polling places and voter registration agencies under such ,act1 the training of poll workers and election officials1 and relevant educational materials4 ,for purposes of this subsection1 the term ,state includes the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 ,guam1 ,american ,samoa1 the ,united ,states ,virgin ,islands1 and the ,commonwealth of the ,northern ,mariana ,islands4 7b7 ,inclusion in voter information requirements ,section #cjb7;b77#b7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajhb7;b77#b77 is amended-- 7#a7 by striking and at the end of subparagraph 7,e72 7#b7 by striking the period at the end of subparagraph 7,f7 and inserting 2 and2 and 7#c7 by adding at the end the following new subparagraph3 7,g7 information relating to the prohibitions of section #fab of title #ah1 ,united ,states ,code1 and section #ab of the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjeaa7 7relating to the unlawful interference with registering to vote1 or voting1 or attempting to register to vote or vote71 including information on how individuals may report allegations of violations of such prohibitions4 4 ,g ,saving ,voters ,from ,voter ,purging #ejbcc4 ,short title ,this subpart may be cited as the ,stop ,automatically ,voiding ,eligible ,voters ,off ,their ,enlisted ,rolls in ,states ,act or the ,save ,voters ,act4 #ejbcd4 ,conditions for removal of voters from list of registered voters 7a7 ,conditions described ,the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjeja et seq47 is amended by inserting after section #h the following new section3 #h;,a4 ,conditions for removal of voters from official list of registered voters 7a7 ,verification on basis of objective and reliable evidence of ineligibility ,notwithstanding any other provision of this ,act1 a ,state may not remove any registrant from the official list of voters eligible to vote in elections for ,federal office in the ,state unless the ,state verifies1 on the basis of objective and reliable evidence1 that the registrant is ineligible to vote in such elections on any of the grounds described in paragraph 7#c7 or paragraph 7#d7 of section #h7;a74 7b7 ,factors not considered as objective and reliable evidence of ineligibility ,for purposes of subsection 7a71 the following factors1 or any combination thereof1 shall not be treated as objective and reliable evidence of a registrant's ineligibility to vote3 7#a7 ,the failure of the registrant to vote in any election4 7#b7 ,the failure of the registrant to respond to any notice sent under section #h7;d74 7#c7 ,the failure of the registrant to take any other action with respect to voting in any election or with respect to the registrant's status as a registrant4 4 7b7 ,conforming amendments 7#a7 ,national ,voter ,registration ,act of #aiic ,section #h7;a7 of such ,act 7#eb ,u4,s4,c4 #bjejg7;a77 is amended-- 7,a7 in paragraph 7#c71 by striking provide and inserting subject to section #h;,a1 provide2 and 7,b7 in paragraph 7#d71 by striking conduct and inserting subject to section #h;,a1 conduct4 7#b7 ,help ,america ,vote ,act of #bjjb ,section #cjc7;a77#d77;,a7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajhc7;a77#d77;,a77 is amended by striking 1 registrants and inserting 1 and subject to section #h;,a of such ,act1 registrants4 7c7 ,effective date ,the amendments made by this section shall take effect on the date of the enactment of this ,act4 #b ,access to ,voting for ,individuals ,with ,disabilities #ejbce4 ,requirements for ,states to promote access to voter registration and voting for individuals with disabilities 7a7 ,requirements ,subtitle ,a of title ,,iii of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha et seq47 is amended-- 7#a7 by redesignating section #cje as section #cjf2 and 7#b7 by inserting after section #cjd the following new section3 #cje4 ,access to voter registration and voting for individuals with disabilities 7a7 ,treatment of applications and ballots ,each ,state shall-- 7#a7 permit individuals with disabilities to use absentee registration procedures and to vote by absentee ballot in elections for ,federal office2 7#b7 accept and process1 with respect to any election for ,federal office1 any otherwise valid voter registration application and absentee ballot application from an individual with a disability if the application is received by the appropriate ,state election official not less than #cj days before the election2 7#c7 in addition to any other method of registering to vote or applying for an absentee ballot in the ,state1 establish procedures-- 7,a7 for individuals with disabilities to request by mail and electronically voter registration applications and absentee ballot applications with respect to elections for ,federal office in accordance with subsection 7c72 7,b7 for ,states to send by mail and electronically 7in accordance with the preferred method of transmission designated by the individual under subparagraph 7,c77 voter registration applications and absentee ballot applications requested under subparagraph 7,a7 in accordance with subsection 7c72 and 7,c7 by which such an individual can designate whether the individual prefers that such voter registration application or absentee ballot application be transmitted by mail or electronically2 7#d7 in addition to any other method of transmitting blank absentee ballots in the ,state1 establish procedures for transmitting by mail and electronically blank absentee ballots to individuals with disabilities with respect to elections for ,federal office in accordance with subsection 7d72 7#e7 transmit a validly requested absentee ballot to an individual with a disability-- 7,a7 except as provided in subsection 7e71 in the case in which the request is received at least #de days before an election for ,federal office1 not later than #de days before the election2 and 7,b7 in the case in which the request is received less than #de days before an election for ,federal office-- 7i7 in accordance with ,state law2 and 7ii7 if practicable and as determined appropriate by the ,state1 in a manner that expedites the transmission of such absentee ballot2 and 7#f7 if the ,state declares or otherwise holds a runoff election for ,federal office1 establish a written plan that provides absentee ballots are made available to individuals with disabilities in a manner that gives them sufficient time to vote in the runoff election4 7b7 ,designation of single ,state office ,to ,provide ,information on ,registration and ,absentee ,ballot ,procedures for ,all ,disabled ,voters in ,state ,each ,state shall designate a single office which shall be responsible for providing information regarding voter registration procedures and absentee ballot procedures to be used by individuals with disabilities with respect to elections for ,federal office to all individuals with disabilities who wish to register to vote or vote in any jurisdiction in the ,state4 7c7 ,designation of ,means of ,electronic ,communication for ,individuals with ,disabilities ,to ,request and for ,states ,to ,send ,voter ,registration ,applications and ,absentee ,ballot ,applications1 and for ,other ,purposes ,related to ,voting ,information 7#a7 ,in general ,each ,state shall1 in addition to the designation of a single ,state office under subsection 7b71 designate not less than #a means of electronic communication-- 7,a7 for use by individuals with disabilities who wish to register to vote or vote in any jurisdiction in the ,state to request voter registration applications and absentee ballot applications under subsection 7a77#c72 7,b7 for use by ,states to send voter registration applications and absentee ballot applications requested under such subsection2 and 7,c7 for the purpose of providing related voting1 balloting1 and election information to individuals with disabilities4 7#b7 ,clarification regarding provision of multiple means of electronic communication ,a ,state may1 in addition to the means of electronic communication so designated1 provide multiple means of electronic communication to individuals with disabilities1 including a means of electronic communication for the appropriate jurisdiction of the ,state4 7#c7 ,inclusion of designated means of electronic communication with informational and instructional materials that accompany balloting materials ,each ,state shall include a means of electronic communication so designated with all informational and instructional materials that accompany balloting materials sent by the ,state to individuals with disabilities4 7#d7 ,transmission if no preference indicated ,in the case where an individual with a disability does not designate a preference under subsection 7a77#c77;,c71 the ,state shall transmit the voter registration application or absentee ballot application by any delivery method allowable in accordance with applicable ,state law1 or if there is no applicable ,state law1 by mail4 7d7 ,transmission of blank absentee ballots by mail and electronically 7#a7 ,in general ,each ,state shall establish procedures-- 7,a7 to securely transmit blank absentee ballots by mail and electronically 7in accordance with the preferred method of transmission designated by the individual with a disability under subparagraph 7,b77 to individuals with disabilities for an election for ,federal office2 and 7,b7 by which the individual with a disability can designate whether the individual prefers that such blank absentee ballot be transmitted by mail or electronically4 7#b7 ,transmission if no preference indicated ,in the case where an individual with a disability does not designate a preference under paragraph 7#a77;,b71 the ,state shall transmit the ballot by any delivery method allowable in accordance with applicable ,state law1 or if there is no applicable ,state law1 by mail4 7#c7 ,application of methods to track delivery to and return of ballot by individual requesting ballot ,under the procedures established under paragraph 7#a71 the ,state shall apply such methods as the ,state considers appropriate1 such as assigning a unique identifier to the ballot1 to ensure that if an individual with a disability requests the ,state to transmit a blank absentee ballot to the individual in accordance with this subsection1 the voted absentee ballot which is returned by the individual is the same blank absentee ballot which the ,state transmitted to the individual4 7e7 ,hardship ,exemption 7#a7 ,in general ,if the chief ,state election official determines that the ,state is unable to meet the requirement under subsection 7a77#e77;,a7 with respect to an election for ,federal office due to an undue hardship described in paragraph 7#b77;,b71 the chief ,state election official shall request that the ,attorney ,general grant a waiver to the ,state of the application of such subsection4 ,such request shall include-- 7,a7 a recognition that the purpose of such subsection is to individuals with disabilities enough time to vote in an election for ,federal office2 7,b7 an explanation of the hardship that indicates why the ,state is unable to transmit such individuals an absentee ballot in accordance with such subsection2 7,c7 the number of days prior to the election for ,federal office that the ,state requires absentee ballots be transmitted to such individuals2 and 7,d7 a comprehensive plan to ensure that such individuals are able to receive absentee ballots which they have requested and submit marked absentee ballots to the appropriate ,state election official in time to have that ballot counted in the election for ,federal office1 which includes-- 7i7 the steps the ,state will undertake to ensure that such individuals have time to receive1 mark1 and submit their ballots in time to have those ballots counted in the election2 7ii7 why the plan provides such individuals sufficient time to vote as a substitute for the requirements under such subsection2 and 7iii7 the underlying factual information which explains how the plan provides such sufficient time to vote as a substitute for such requirements4 7#b7 ,approval of waiver request ,the ,attorney ,general shall approve a waiver request under paragraph 7#a7 if the ,attorney ,general determines each of the following requirements are met3 7,a7 ,the comprehensive plan under subparagraph 7,d7 of such paragraph provides individuals with disabilities sufficient time to receive absentee ballots they have requested and submit marked absentee ballots to the appropriate ,state election official in time to have that ballot counted in the election for ,federal office4 7,b7 ,one or more of the following issues creates an undue hardship for the ,state3 7i7 ,the ,state's primary election date prohibits the ,state from complying with subsection 7a77#e77;,a74 7ii7 ,the ,state has suffered a delay in generating ballots due to a legal contest4 7iii7 ,the ,state ,constitution prohibits the ,state from complying with such subsection4 7#c7 ,timing of waiver 7,a7 ,in general ,except as provided under subparagraph 7,b71 a ,state that requests a waiver under paragraph 7#a7 shall submit to the ,attorney ,general the written waiver request not later than #ij days before the election for ,federal office with respect to which the request is submitted4 ,the ,attorney ,general shall approve or deny the waiver request not later than #fe days before such election4 7,b7 ,exception ,if a ,state requests a waiver under paragraph 7#a7 as the result of an undue hardship described in paragraph 7#b77;,b77ii71 the ,state shall submit to the ,attorney ,general the written waiver request as soon as practicable4 ,the ,attorney ,general shall approve or deny the waiver request not later than #e business days after the date on which the request is received4 7#d7 ,application of waiver ,a waiver approved under paragraph 7#b7 shall only apply with respect to the election for ,federal office for which the request was submitted4 ,for each subsequent election for ,federal office1 the ,attorney ,general shall only approve a waiver if the ,state has submitted a request under paragraph 7#a7 with respect to such election4 7f7 ,rule of construction ,nothing in this section may be construed to allow the marking or casting of ballots over the ,internet4 7g7 ,individual with a disability defined ,in this section1 an individual with a disability means an individual with an impairment that substantially limits any major life activities and who is otherwise qualified to vote in elections for ,federal office4 7h7 ,effective date ,this section shall apply with respect to elections for ,federal office held on or after ,january #a1 #bjbb4 4 7b7 ,conforming amendment relating to issuance of voluntary guidance by election assistance commission ,section #caa7;b7 of such ,act 7#eb ,u4,s4,c4 #baaja7;b77 is amended-- 7#a7 by striking and at the end of paragraph 7#b72 7#b7 by striking the period at the end of paragraph 7#c7 and inserting 2 and2 and 7#c7 by adding at the end the following new paragraph3 7#d7 in the case of the recommendations with respect to section #cje1 ,january #a1 #bjbb4 4 7c7 ,clerical amendment ,the table of contents of such ,act is amended-- 7#a7 by redesignating the item relating to section #cje as relating to section #cjf2 and 7#b7 by inserting after the item relating to section #cjd the following new item3 ,sec4 #cje4 ,access to voter registration and voting for individuals with disabilities4 4 #ejbcf4 ,pilot programs for enabling individuals with disabilities to register to vote and vote privately and independently at residences 7a7 ,establishment of pilot programs ,the ,election ,assistance ,commission 7hereafter referred to as the ,commission7 shall make grants to eligible ,states to conduct pilot programs under which-- 7#a7 individuals with disabilities may use electronic means 7including the ,internet and telephones utilizing assistive devices7 to register to vote and to request and receive absentee ballots1 in a manner which permits such individuals to do so privately and independently at their own residences2 and 7#b7 individuals with disabilities may use the telephone to cast ballots electronically from their own residences1 but only if the telephone used is not connected to the ,internet4 7b7 ,reports 7#a7 ,in general ,a ,state receiving a grant for a year under this section shall submit a report to the ,commission on the pilot programs the ,state carried out with the grant with respect to elections for public office held in the ,state during the year4 7#b7 ,deadline ,a ,state shall submit a report under paragraph 7#a7 not later than #ij days after the last election for public office held in the ,state during the year4 7c7 ,eligibility ,a ,state is eligible to receive a grant under this section if the ,state submits to the ,commission1 at such time and in such form as the ,commission may require1 an application containing such information and assurances as the ,commission may require4 7d7 ,timing ,the ,commission shall make the first grants under this section for pilot programs which will be in effect with respect to elections for ,federal office held in #bjbb1 or1 at the option of a ,state1 with respect to other elections for public office held in the ,state in #bjbj4 7e7 ,authorization of appropriations ,there is authorized to be appropriated for grants for pilot programs under this section #cj1jjj1jjj for fiscal year #bjbb and each succeeding fiscal year4 7f7 ,state defined ,in this section1 the term ,state includes the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 ,guam1 ,american ,samoa1 the ,united ,states ,virgin ,islands1 and the ,commonwealth of the ,northern ,mariana ,islands4 #ejbcg4 ,expansion and reauthorization of grant program to assure voting access for individuals with disabilities 7a7 ,purposes of payments ,section #bfa7;b7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajba7;b77 is amended by striking paragraphs 7#a7 and 7#b7 and inserting the following3 7#a7 making absentee voting and voting at home accessible to individuals with the full range of disabilities 7including impairments involving vision1 hearing1 mobility1 or dexterity7 through the implementation of accessible absentee voting systems that work in conjunction with assistive technologies for which individuals have access at their homes1 independent living centers1 or other facilities2 7#b7 making polling places1 including the path of travel1 entrances1 exits1 and voting areas of each polling facility1 accessible to individuals with disabilities1 including the blind and visually impaired1 in a manner that provides the same opportunity for access and participation 7including privacy and independence7 as for other voters2 and 7#c7 providing solutions to problems of access to voting and elections for individuals with disabilities that are universally designed and provide the same opportunities for individuals with and without disabilities4 4 7b7 ,reauthorization ,section #bfd7;a7 of such ,act 7#eb ,u4,s4,c4 #bajbd7;a77 is amended by adding at the end the following new paragraph3 7#d7 ,for fiscal year #bjbb and each succeeding fiscal year1 such sums as may be necessary to carry out this part4 4 7c7 ,period of availability of funds ,section #bfd of such ,act 7#eb ,u4,s4,c4 #bajbd7 is amended-- 7#a7 in subsection 7b71 by striking ,any amounts and inserting ,except as provided in subsection 7b71 any amounts2 and 7#b7 by adding at the end the following new subsection3 7c7 ,return and transfer of certain funds 7#a7 ,deadline for obligation and expenditure ,in the case of any amounts appropriated pursuant to the authority of subsection 7a7 for a payment to a ,state or unit of local government for fiscal year #bjbb or any succeeding fiscal year1 any portion of such amounts which have not been obligated or expended by the ,state or unit of local government prior to the expiration of the #d-year period which begins on the date the ,state or unit of local government first received the amounts shall be transferred to the ,commission4 7#b7 ,reallocation of transferred amounts 7,a7 ,in general ,the ,commission shall use the amounts transferred under paragraph 7#a7 to make payments on a pro rata basis to each covered payment recipient described in subparagraph 7,b71 which may obligate and expend such payment for the purposes described in section #bfa7;b7 during the #a-year period which begins on the date of receipt4 7,b7 ,covered payment recipients described ,in subparagraph 7,a71 a covered payment recipient is a ,state or unit of local government with respect to which-- 7i7 amounts were appropriated pursuant to the authority of subsection 7a72 and 7ii7 no amounts were transferred to the ,commission under paragraph 7#a74 4 #c ,prohibiting ,voter ,caging #ejbch4 ,voter caging and other questionable challenges prohibited 7a7 ,in ,general ,chapter #bi of title #ah1 ,united ,states ,code1 as amended by section #ejbca7;a71 is amended by adding at the end the following3 #fac4 ,voter caging and other questionable challenges 7a7 ,definitions ,in this section-- 7#a7 the term voter caging document means-- 7,a7 a nonforwardable document that is returned to the sender or a third party as undelivered or undeliverable despite an attempt to deliver such document to the address of a registered voter or applicant2 or 7,b7 any document with instructions to an addressee that the document be returned to the sender or a third party but is not so returned1 despite an attempt to deliver such document to the address of a registered voter or applicant1 unless at least two ,federal election cycles have passed since the date of the attempted delivery2 7#b7 the term voter caging list means a list of individuals compiled from voter caging documents2 and 7#c7 the term unverified match list means a list produced by matching the information of registered voters or applicants for voter registration to a list of individuals who are ineligible to vote in the registrar's jurisdiction1 by virtue of death1 conviction1 change of address1 or otherwise2 unless one of the pieces of information matched includes a signature1 photograph1 or unique identifying number ensuring that the information from each source refers to the same individual4 7b7 ,prohibition ,against ,voter ,caging ,no ,state or local election official shall prevent an individual from registering or voting in any election for ,federal office1 or permit in connection with any election for ,federal office a formal challenge under ,state law to an individual's registration status or eligibility to vote1 if the basis for such decision is evidence consisting of-- 7#a7 a voter caging document or voter caging list2 7#b7 an unverified match list2 7#c7 an error or omission on any record or paper relating to any application1 registration1 or other act requisite to voting1 if such error or omission is not material to an individual's eligibility to vote under section #bjjd of the ,revised ,statutes1 as amended 7#eb ,u4,s4,c4 #ajaja7;a77#b77;,b772 or 7#d7 any other evidence so designated for purposes of this section by the ,election ,assistance ,commission1 except that the election official may use such evidence if it is corroborated by independent evidence of the individual's ineligibility to register or vote4 7c7 ,requirements for ,challenges by ,persons ,other ,than ,election ,officials ,no person1 other than a ,state or local election official1 shall submit a formal challenge to an individual's eligibility to register to vote in an election for ,federal office or to vote in an election for ,federal office unless that challenge is supported by personal knowledge regarding the grounds for ineligibility which is-- 7#a7 documented in writing2 and 7#b7 subject to an oath or attestation under penalty of perjury that the challenger has a good faith factual basis to believe that the individual who is the subject of the challenge is ineligible to register to vote or vote in that election1 except a challenge which is based on the race1 ethnicity1 or national origin of the individual who is the subject of the challenge may not be considered to have a good faith factual basis for purposes of this paragraph4 7d7 ,penalties for ,knowing ,misconduct ,whoever knowingly challenges the eligibility of one or more individuals to register or vote or knowingly causes the eligibility of such individuals to be challenged in violation of this section with the intent that one or more eligible voters be disqualified1 shall be fined under this title or imprisoned not more than #a year1 or both1 for each such violation4 ,each violation shall be a separate offense4 7e7 ,no ,effect on ,related ,laws ,nothing in this section is intended to override the protections of the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjeja et seq47 or to affect the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcja et seq474 4 7b7 ,clerical ,amendment ,the table of sections for chapter #bi of title #ah1 ,united ,states ,code1 as amended by section #ejbca7;b71 is amended by adding at the end the following3 #fac4 ,voter caging and other questionable challenges4 4 #ejbci4 ,development and adoption of best practices for preventing voter caging 7a7 ,best practices ,not later than #ahj days after the date of the enactment of this ,act1 the ,election ,assistance ,commission shall develop and publish for the use of ,states recommendations for best practices to deter and prevent violations of section #fac of title #ah1 ,united ,states ,code1 as added by section #ejbga7;a71 including practices to provide for the posting of relevant information at polling places and voter registration agencies1 the training of poll workers and election officials1 and relevant educational measures4 ,for purposes of this subsection1 the term ,state includes the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 ,guam1 ,american ,samoa1 the ,united ,states ,virgin ,islands1 and the ,commonwealth of the ,northern ,mariana ,islands4 7b7 ,inclusion in voting information requirements ,section #cjb7;b77#b7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajhb7;b77#b771 as amended by section #ejbcb7;b71 is amended-- 7#a7 by striking and at the end of subparagraph 7,f72 7#b7 by striking the period at the end of subparagraph 7,g7 and inserting 2 and2 and 7#c7 by adding at the end the following new subparagraph3 7,h7 information relating to the prohibition against voter caging and other questionable challenges 7as set forth in section #fac of title #ah1 ,united ,states ,code71 including information on how individuals may report allegations of violations of such prohibition4 4 #d ,prohibiting ,deceptive ,practices and ,preventing ,voter ,intimidation #ejbdj4 ,short title ,this part may be cited as the ,deceptive ,practices and ,voter ,intimidation ,prevention ,act of #bjbj4 #ejbda4 ,prohibition on deceptive practices in ,federal elections 7a7 ,prohibition ,subsection 7b7 of section #bjjd of the ,revised ,statutes 7#eb ,u4,s4,c4 #ajaja7;b77 is amended-- 7#a7 by striking ,no person and inserting the following3 7#a7 ,in general ,no person 2 and 7#b7 by inserting at the end the following new paragraphs3 7#b7 ,false statements regarding ,federal elections 7,a7 ,prohibition ,no person1 whether acting under color of law or otherwise1 shall1 within #fj days before an election described in paragraph 7#e71 by any means1 including by means of written1 electronic1 or telephonic communications1 communicate or cause to be communicated information described in subparagraph 7,b71 or produce information described in subparagraph 7,b7 with the intent that such information be communicated1 if such person-- 7i7 knows such information to be materially false2 and 7ii7 has the intent to impede or prevent another person from exercising the right to vote in an election described in paragraph 7#e74 7,b7 ,information described ,information is described in this subparagraph if such information is regarding-- 7i7 the time1 place1 or manner of holding any election described in paragraph 7#e72 or 7ii7 the qualifications for or restrictions on voter eligibility for any such election1 including-- 7,i7 any criminal penalties associated with voting in any such election2 or 7,,ii7 information regarding a voter's registration status or eligibility4 7#c7 ,false statements regarding public endorsements 7,a7 ,prohibition ,no person1 whether acting under color of law or otherwise1 shall1 within #fj days before an election described in paragraph 7#e71 by any means1 including by means of written1 electronic1 or telephonic communications1 communicate1 or cause to be communicated1 a materially false statement about an endorsement1 if such person-- 7i7 knows such statement to be false2 and 7ii7 has the intent to impede or prevent another person from exercising the right to vote in an election described in paragraph 7#e74 7,b7 ,definition of materially false ,for purposes of subparagraph 7,a71 a statement about an endorsement is materially false if1 with respect to an upcoming election described in paragraph 7#e7-- 7i7 the statement states that a specifically named person1 political party1 or organization has endorsed the election of a specific candidate for a ,federal office described in such paragraph2 and 7ii7 such person1 political party1 or organization has not endorsed the election of such candidate4 7#d7 ,hindering1 interfering with1 or preventing voting or registering to vote ,no person1 whether acting under color of law or otherwise1 shall intentionally hinder1 interfere with1 or prevent another person from voting1 registering to vote1 or aiding another person to vote or register to vote in an election described in paragraph 7#e74 7#e7 ,election described ,an election described in this paragraph is any general1 primary1 run-off1 or special election held solely or in part for the purpose of nominating or electing a candidate for the office of ,president1 ,vice ,president1 presidential elector1 ,member of the ,senate1 ,member of the ,house of ,representatives1 or ,delegate or ,commissioner from a ,territory or possession4 4 7b7 ,private right of action 7#a7 ,in general ,subsection 7c7 of section #bjjd of the ,revised ,statutes 7#eb ,u4,s4,c4 #ajaja7;c77 is amended-- 7,a7 by striking ,whenever any person and inserting the following3 7#a7 ,whenever any person 2 and 7,b7 by adding at the end the following new paragraph3 7#b7 ,any person aggrieved by a violation of subsection 7b77#b71 7b77#c71 or 7b77#d7 may institute a civil action for preventive relief1 including an application in a ,united ,states district court for a permanent or temporary injunction1 restraining order1 or other order4 ,in any such action1 the court1 in its discretion1 may allow the prevailing party a reasonable attorney's fee as part of the costs4 4 7#b7 ,conforming amendments 7,a7 ,subsection 7e7 of section #bjjd of the ,revised ,statutes 7#eb ,u4,s4,c4 #ajaja7;e77 is amended by striking subsection 7c7 and inserting subsection 7c77#a74 7,b7 ,subsection 7g7 of section #bjjd of the ,revised ,statutes 7#eb ,u4,s4,c4 #ajaja7;g77 is amended by striking subsection 7c7 and inserting subsection 7c77#a74 7c7 ,criminal penalties 7#a7 ,deceptive acts ,section #eid of title #ah1 ,united ,states ,code1 is amended-- 7,a7 by striking ,whoever and inserting the following3 7a7 ,intimidation ,whoever 2 7,b7 in subsection 7a71 as inserted by subparagraph 7,a71 by striking at any election and inserting at any general1 primary1 run-off1 or special election2 and 7,c7 by adding at the end the following new subsections3 7b7 ,deceptive acts 7#a7 ,false statements regarding ,federal elections 7,a7 ,prohibition ,it shall be unlawful for any person1 whether acting under color of law or otherwise1 within #fj days before an election described in subsection 7e71 by any means1 including by means of written1 electronic1 or telephonic communications1 to communicate or cause to be communicated information described in subparagraph 7,b71 or produce information described in subparagraph 7,b7 with the intent that such information be communicated1 if such person-- 7i7 knows such information to be materially false2 and 7ii7 has the intent to mislead voters1 or the intent to impede or prevent another person from exercising the right to vote in an election described in subsection 7e74 7,b7 ,information described ,information is described in this subparagraph if such information is regarding-- 7i7 the time or place of holding any election described in subsection 7e72 or 7ii7 the qualifications for or restrictions on voter eligibility for any such election1 including-- 7,i7 any criminal penalties associated with voting in any such election2 or 7,,ii7 information regarding a voter's registration status or eligibility4 7#b7 ,penalty ,any person who violates paragraph 7#a7 shall be fined not more than #ajj1jjj1 imprisoned for not more than #e years1 or both4 7c7 ,hindering1 interfering with1 or preventing voting or registering ,to vote 7#a7 ,prohibition ,it shall be unlawful for any person1 whether acting under color of law or otherwise1 to corruptly hinder1 interfere with1 or prevent another person from voting1 registering to vote1 or aiding another person to vote or register to vote in an election described in subsection 7e74 7#b7 ,penalty ,any person who violates paragraph 7#a7 shall be fined not more than #ajj1jjj1 imprisoned for not more than #e years1 or both4 7d7 ,attempt ,any person who attempts to commit any offense described in subsection 7a71 7b77#a71 or 7c77#a7 shall be subject to the same penalties as those prescribed for the offense that the person attempted to commit4 7e7 ,election described ,an election described in this subsection is any general1 primary1 run-off1 or special election held solely or in part for the purpose of nominating or electing a candidate for the office of ,president1 ,vice ,president1 presidential elector1 ,member of the ,senate1 ,member of the ,house of ,representatives1 or ,delegate or ,commissioner from a ,territory or possession4 4 7#b7 ,modification of penalty for voter intimidation ,section #eid7;a7 of title #ah1 ,united ,states ,code1 as amended by paragraph 7#a71 is amended by striking fined under this title or imprisoned not more than one year and inserting fined not more than #ajj1jjj1 imprisoned for not more than #e years4 7#c7 ,sentencing guidelines 7,a7 ,review and amendment ,not later than #ahj days after the date of enactment of this ,act1 the ,united ,states ,sentencing ,commission1 pursuant to its authority under section #iid of title #bh1 ,united ,states ,code1 and in accordance with this section1 shall review and1 if appropriate1 amend the ,federal sentencing guidelines and policy statements applicable to persons convicted of any offense under section #eid of title #ah1 ,united ,states ,code1 as amended by this section4 7,b7 ,authorization ,the ,united ,states ,sentencing ,commission may amend the ,federal ,sentencing ,guidelines in accordance with the procedures set forth in section #ba7;a7 of the ,sentencing ,act of #aihg 7#bh ,u4,s4,c4 #iid note7 as though the authority under that section had not expired4 7#d7 ,payments for refraining from voting ,subsection 7c7 of section #aa of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcjg7 is amended by striking either for registration to vote or for voting and inserting for registration to vote1 for voting1 or for not voting4 #ejbdb4 ,corrective action 7a7 ,corrective action 7#a7 ,in general ,if the ,attorney ,general receives a credible report that materially false information has been or is being communicated in violation of paragraphs 7#b7 and 7#c7 of section #bjjd7;b7 of the ,revised ,statutes 7#eb ,u4,s4,c4 #ajaja7;b771 as added by section #ejbda7;a71 and if the ,attorney ,general determines that ,state and local election officials have not taken adequate steps to promptly communicate accurate information to correct the materially false information1 the ,attorney ,general shall1 pursuant to the written procedures and standards under subsection 7b71 communicate to the public1 by any means1 including by means of written1 electronic1 or telephonic communications1 accurate information designed to correct the materially false information4 7#b7 ,communication of corrective information ,any information communicated by the ,attorney ,general under paragraph 7#a7-- 7,a7 shall-- 7i7 be accurate and objective2 7ii7 consist of only the information necessary to correct the materially false information that has been or is being communicated2 and 7iii7 to the extent practicable1 be by a means that the ,attorney ,general determines will reach the persons to whom the materially false information has been or is being communicated2 and 7,b7 shall not be designed to favor or disfavor any particular candidate1 organization1 or political party4 7b7 ,written procedures and standards for taking corrective action 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,attorney ,general shall publish written procedures and standards for determining when and how corrective action will be taken under this section4 7#b7 ,inclusion of appropriate deadlines ,the procedures and standards under paragraph 7#a7 shall include appropriate deadlines1 based in part on the number of days remaining before the upcoming election4 7#c7 ,consultation ,in developing the procedures and standards under paragraph 7#a71 the ,attorney ,general shall consult with the ,election ,assistance ,commission1 ,state and local election officials1 civil rights organizations1 voting rights groups1 voter protection groups1 and other interested community organizations4 7c7 ,authorization of appropriations ,there are authorized to be appropriated to the ,attorney ,general such sums as may be necessary to carry out this part4 #ejbdc4 ,reports to ,congress 7a7 ,in general ,not later than #ahj days after each general election for ,federal office1 the ,attorney ,general shall submit to ,congress a report compiling all allegations received by the ,attorney ,general of deceptive practices described in paragraphs 7#b71 7#c71 and 7#d7 of section #bjjd7;b7 of the ,revised ,statutes 7#eb ,u4,s4,c4 #ajaja7;b771 as added by section #ejbda7;a71 relating to the general election for ,federal office and any primary1 run-off1 or a special election for ,federal office held in the #b years preceding the general election4 7b7 ,contents 7#a7 ,in general ,each report submitted under subsection 7a7 shall include-- 7,a7 a description of each allegation of a deceptive practice described in subsection 7a71 including the geographic location1 racial and ethnic composition1 and language minority-group membership of the persons toward whom the alleged deceptive practice was directed2 7,b7 the status of the investigation of each allegation described in subparagraph 7,a72 7,c7 a description of each corrective action taken by the ,attorney ,general under section #d7;a7 in response to an allegation described in subparagraph 7,a72 7,d7 a description of each referral of an allegation described in subparagraph 7,a7 to other ,federal1 ,state1 or local agencies2 7,e7 to the extent information is available1 a description of any civil action instituted under section #bjjd7;c77#b7 of the ,revised ,statutes 7#eb ,u4,s4,c4 #ajaja7;c77#b771 as added by section #ejbda7;b71 in connection with an allegation described in subparagraph 7,a72 and 7,f7 a description of any criminal prosecution instituted under section #eid of title #ah1 ,united ,states ,code1 as amended by section #ejbgd7;c71 in connection with the receipt of an allegation described in subparagraph 7,a7 by the ,attorney ,general4 7#b7 ,exclusion of certain information 7,a7 ,in general ,the ,attorney ,general shall not include in a report submitted under subsection 7a7 any information protected from disclosure by rule #f7;e7 of the ,federal ,rules of ,criminal ,procedure or any ,federal criminal statute4 7,b7 ,exclusion of certain other information ,the ,attorney ,general may determine that the following information shall not be included in a report submitted under subsection 7a73 7i7 ,any information that is privileged4 7ii7 ,any information concerning an ongoing investigation4 7iii7 ,any information concerning a criminal or civil proceeding conducted under seal4 7iv7 ,any other nonpublic information that the ,attorney ,general determines the disclosure of which could reasonably be expected to infringe on the rights of any individual or adversely affect the integrity of a pending or future criminal investigation4 7c7 ,report made public ,on the date that the ,attorney ,general submits the report under subsection 7a71 the ,attorney ,general shall also make the report publicly available through the ,internet and other appropriate means4 #e ,democracy ,restoration #ejbdd4 ,short title ,this part may be cited as the ,democracy ,restoration ,act of #bjbj4 #ejbde4 ,rights of citizens ,the right of an individual who is a citizen of the ,united ,states to vote in any election for ,federal office shall not be denied or abridged because that individual has been convicted of a criminal offense unless such individual is serving a felony sentence in a correctional institution or facility at the time of the election4 #ejbdf4 ,enforcement 7a7 ,attorney general ,the ,attorney ,general may1 in a civil action1 obtain such declaratory or injunctive relief as is necessary to remedy a violation of this part4 7b7 ,private right of action 7#a7 ,in general ,a person who is aggrieved by a violation of this part may provide written notice of the violation to the chief election official of the ,state involved4 7#b7 ,relief ,except as provided in paragraph 7#c71 if the violation is not corrected within #ij days after receipt of a notice under paragraph 7#a71 or within #bj days after receipt of the notice if the violation occurred within #abj days before the date of an election for ,federal office1 the aggrieved person may1 in a civil action1 obtain declaratory or injunctive relief with respect to the violation4 7#c7 ,exception ,if the violation occurred within #cj days before the date of an election for ,federal office1 the aggrieved person need not provide notice to the chief election official of the ,state under paragraph 7#a7 before bringing a civil action to obtain declaratory or injunctive relief with respect to the violation4 #ejbdg4 ,notification of restoration of voting rights 7a7 ,state notification 7#a7 ,notification ,on the date determined under paragraph 7#b71 each ,state shall notify in writing any individual who has been convicted of a criminal offense under the law of that ,state that such individual has the right to vote in an election for ,federal office pursuant to the ,democracy ,restoration ,act of #bjbj and may register to vote in any such election4 7#b7 ,date of notification 7,a7 ,felony conviction ,in the case of such an individual who has been convicted of a felony1 the notification required under paragraph 7#a7 shall be given on the date on which the individual-- 7i7 is sentenced to serve only a term of probation2 or 7ii7 is released from the custody of that ,state 7other than to the custody of another ,state or the ,federal ,government to serve a term of imprisonment for a felony conviction74 7,b7 ,misdemeanor conviction ,in the case of such an individual who has been convicted of a misdemeanor1 the notification required under paragraph 7#a7 shall be given on the date on which such individual is sentenced by a ,state court4 7b7 ,federal notification 7#a7 ,notification ,any individual who has been convicted of a criminal offense under ,federal law shall be notified in accordance with paragraph 7#b7 that such individual has the right to vote in an election for ,federal office pursuant to the ,democracy ,restoration ,act of #bjbj and may register to vote in any such election4 7#b7 ,date of notification 7,a7 ,felony conviction ,in the case of such an individual who has been convicted of a felony1 the notification required under paragraph 7#a7 shall be given-- 7i7 in the case of an individual who is sentenced to serve only a term of probation1 by the ,assistant ,director for the ,office of ,probation and ,pretrial ,services of the ,administrative ,office of the ,united ,states ,courts on the date on which the individual is sentenced2 or 7ii7 in the case of any individual committed to the custody of the ,bureau of ,prisons1 by the ,director of the ,bureau of ,prisons1 during the period beginning on the date that is #f months before such individual is released and ending on the date such individual is released from the custody of the ,bureau of ,prisons4 7,b7 ,misdemeanor conviction ,in the case of such an individual who has been convicted of a misdemeanor1 the notification required under paragraph 7#a7 shall be given on the date on which such individual is sentenced by a court established by an ,act of ,congress4 #ejbdh4 ,definitions ,for purposes of this part3 7#a7 ,correctional institution or facility ,the term correctional institution or facility means any prison1 penitentiary1 jail1 or other institution or facility for the confinement of individuals convicted of criminal offenses1 whether publicly or privately operated1 except that such term does not include any residential community treatment center 7or similar public or private facility74 7#b7 ,election ,the term election means-- 7,a7 a general1 special1 primary1 or runoff election2 7,b7 a convention or caucus of a political party held to nominate a candidate2 7,c7 a primary election held for the selection of delegates to a national nominating convention of a political party2 or 7,d7 a primary election held for the expression of a preference for the nomination of persons for election to the office of ,president4 7#c7 ,federal office ,the term ,federal office means the office of ,president or ,vice ,president of the ,united ,states1 or of ,senator or ,representative in1 or ,delegate or ,resident ,commissioner to1 the ,congress of the ,united ,states4 7#d7 ,probation ,the term probation means probation1 imposed by a ,federal1 ,state1 or local court1 with or without a condition on the individual involved concerning-- 7,a7 the individual's freedom of movement2 7,b7 the payment of damages by the individual2 7,c7 periodic reporting by the individual to an officer of the court2 or 7,d7 supervision of the individual by an officer of the court4 #ejbdi4 ,relation to other laws 7a7 ,state laws relating to voting rights ,nothing in this part be construed to prohibit the ,states from enacting any ,state law which affords the right to vote in any election for ,federal office on terms less restrictive than those established by this part4 7b7 ,certain ,federal ,acts ,the rights and remedies established by this part are in addition to all other rights and remedies provided by law1 and neither rights and remedies established by this subtitle shall supersede1 restrict1 or limit the application of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcja et seq47 or the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjeja et seq474 #ejbej4 ,federal prison funds ,no ,state1 unit of local government1 or other person may receive or use1 to construct or otherwise improve a prison1 jail1 or other place of incarceration1 any ,federal funds unless that person has in effect a program under which each individual incarcerated in that person's jurisdiction who is a citizen of the ,united ,states is notified1 upon release from such incarceration1 of that individual's rights under section #ejbdf4 #ejbea4 ,effective date ,this part shall apply to citizens of the ,united ,states voting in any election for ,federal office held after the date of the enactment of this ,act4 #f ,promoting ,accuracy1 ,integrity1 and ,security ,through ,voter-,verified ,permanent ,paper ,ballot #ejbeb4 ,short title ,this part may be cited as the ,voter ,confidence and ,increased ,accessibility ,act of #bjbj4 #ejbec4 ,paper ballot and manual counting requirements 7a7 ,in general ,section #cja7;a77#b7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha7;a77#b77 is amended to read as follows3 7#b7 ,paper ballot requirement 7,a7 ,voter-verified paper ballots 7i7 ,paper ballot requirement 7,i7 ,the voting system shall require the use of an individual1 durable1 voter-verified1 paper ballot of the voter's vote that shall be marked and made available for inspection and verification by the voter before the voter's vote is cast and counted1 and which shall be counted by hand or read by an optical character recognition device or other counting device4 ,for purposes of this subclause1 the term individual1 durable1 voter-verified1 paper ballot means a paper ballot marked by the voter by hand or a paper ballot marked through the use of a nontabulating ballot marking device or system1 so long as the voter shall have the option to mark his or her ballot by hand4 7,,ii7 ,the voting system shall provide the voter with an opportunity to correct any error on the paper ballot before the permanent voter-verified paper ballot is preserved in accordance with clause 7ii74 7,,iii7 ,the voting system shall not preserve the voter-verified paper ballots in any manner that makes it possible1 at any time after the ballot has been cast1 to associate a voter with the record of the voter's vote without the voter's consent4 7ii7 ,preservation as official record ,the individual1 durable1 voter-verified1 paper ballot used in accordance with clause 7i7 shall constitute the official ballot and shall be preserved and used as the official ballot for purposes of any recount or audit conducted with respect to any election for ,federal office in which the voting system is used4 7iii7 ,manual counting requirements for recounts and audits 7,i7 ,each paper ballot used pursuant to clause 7i7 shall be suitable for a manual audit1 and shall be counted by hand in any recount or audit conducted with respect to any election for ,federal office4 7,,ii7 ,in the event of any inconsistencies or irregularities between any electronic vote tallies and the vote tallies determined by counting by hand the individual1 durable1 voter-verified1 paper ballots used pursuant to clause 7i71 and subject to subparagraph 7,b71 the individual1 durable1 voter-verified1 paper ballots shall be the true and correct record of the votes cast4 7iv7 ,application to all ballots ,the requirements of this subparagraph shall apply to all ballots cast in elections for ,federal office1 including ballots cast by absent uniformed services voters and overseas voters under the ,uniformed and ,overseas ,citizens ,absentee ,voting ,act and other absentee voters4 7,b7 ,special rule for treatment of disputes when paper ballots have been shown to be compromised 7i7 ,in general ,in the event that-- 7,i7 there is any inconsistency between any electronic vote tallies and the vote tallies determined by counting by hand the individual1 durable1 voter-verified1 paper ballots used pursuant to subparagraph 7,a77i7 with respect to any election for ,federal office2 and 7,,ii7 it is demonstrated by clear and convincing evidence 7as determined in accordance with the applicable standards in the jurisdiction involved7 in any recount1 audit1 or contest of the result of the election that the paper ballots have been compromised 7by damage or mischief or otherwise7 and that a sufficient number of the ballots have been so compromised that the result of the election could be changed1 the determination of the appropriate remedy with respect to the election shall be made in accordance with applicable ,state law1 except that the electronic tally shall not be used as the exclusive basis for determining the official certified result4 7ii7 ,rule for consideration of ballots associated with each voting machine ,for purposes of clause 7i71 only the paper ballots deemed compromised1 if any1 shall be considered in the calculation of whether or not the result of the election could be changed due to the compromised paper ballots4 4 7b7 ,conforming amendment clarifying applicability of alternative language accessibility ,section #cja7;a77#d7 of such ,act 7#eb ,u4,s4,c4 #bajha7;a77#d77 is amended by inserting 7including the paper ballots required to be used under paragraph 7#b77 after voting system4 7c7 ,other conforming amendments ,section #cja7;a77#a7 of such ,act 7#eb ,u4,s4,c4 #bajha7;a77#a77 is amended-- 7#a7 in subparagraph 7,a77i71 by striking counted and inserting counted1 in accordance with paragraphs 7#b7 and 7#c72 7#b7 in subparagraph 7,a77ii71 by striking counted and inserting counted1 in accordance with paragraphs 7#b7 and 7#c72 7#c7 in subparagraph 7,a77iii71 by striking counted each place it appears and inserting counted1 in accordance with paragraphs 7#b7 and 7#c72 and 7#d7 in subparagraph 7,b77ii71 by striking counted and inserting counted1 in accordance with paragraphs 7#b7 and 7#c74 #ejbed4 ,accessibility and ballot verification for individuals with disabilities 7a7 ,in general ,section #cja7;a77#c77;,b7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha7;a77#c77;,b77 is amended to read as follows3 7,b7 7i7 ensure that individuals with disabilities and others are given an equivalent opportunity to vote1 including with privacy and independence1 in a manner that produces a voter-verified paper ballot as for other voters2 7ii7 satisfy the requirement of subparagraph 7,a7 through the use of at least one voting system equipped for individuals with disabilities1 including nonvisual and enhanced visual accessibility for the blind and visually impaired1 and nonmanual and enhanced manual accessibility for the mobility and dexterity impaired1 at each polling place2 and 7iii7 meet the requirements of subparagraph 7,a7 and paragraph 7#b77;,a7 by using a system that-- 7,i7 allows the voter to privately and independently verify the permanent paper ballot through the presentation1 in accessible form1 of the printed or marked vote selections from the same printed or marked information that would be used for any vote counting or auditing2 and 7,,ii7 allows the voter to privately and independently verify and cast the permanent paper ballot without requiring the voter to manually handle the paper ballot4 4 7b7 ,specific requirement of study1 testing1 and development of accessible paper ballot verification mechanisms 7#a7 ,study and reporting ,subtitle ,c of title ,,ii of such ,act 7#eb ,u4,s4,c4 #bajha et seq47 is amended-- 7,a7 by redesignating section #bdg as section #bdh2 and 7,b7 by inserting after section #bdf the following new section3 #bdg4 ,study and report on accessible paper ballot verification mechanisms 7a7 ,study and report ,the ,director of the ,national ,science ,foundation shall make grants to not fewer than #c eligible entities to study1 test1 and develop accessible paper ballot voting1 verification1 and casting mechanisms and devices and best practices to enhance the accessibility of paper ballot voting and verification mechanisms for individuals with disabilities1 for voters whose primary language is not ,english1 and for voters with difficulties in literacy1 including best practices for the mechanisms themselves and the processes through which the mechanisms are used4 7b7 ,eligibility ,an entity is eligible to receive a grant under this part if it submits to the ,director 7at such time and in such form as the ,director may require7 an application containing-- 7#a7 certifications that the entity shall specifically investigate enhanced methods or devices1 including non-electronic devices1 that will assist such individuals and voters in marking voter-verified paper ballots and presenting or transmitting the information printed or marked on such ballots back to such individuals and voters1 and casting such ballots2 7#b7 a certification that the entity shall complete the activities carried out with the grant not later than ,december #ca1 #bjbb2 and 7#c7 such other information and certifications as the ,director may require4 7c7 ,availability of technology ,any technology developed with the grants made under this section shall be treated as non-proprietary and shall be made available to the public1 including to manufacturers of voting systems4 7d7 ,coordination with grants for technology improvements ,the ,director shall carry out this section so that the activities carried out with the grants made under subsection 7a7 are coordinated with the research conducted under the grant program carried out by the ,commission under section #bga1 to the extent that the ,director and ,commission determine necessary to provide for the advancement of accessible voting technology4 7e7 ,authorization of appropriations ,there is authorized to be appropriated to carry out subsection 7a7 #e1jjj1jjj1 to remain available until expended4 4 7#b7 ,clerical amendment ,the table of contents of such ,act is amended-- 7,a7 by redesignating the item relating to section #bdg as relating to section #bdh2 and 7,b7 by inserting after the item relating to section #bdf the following new item3 ,sec4 #bdg4 ,study and report on accessible paper ballot verification mechanisms4 4 7c7 ,clarification of accessibility standards under voluntary voting system guidance ,in adopting any voluntary guidance under subtitle ,b of title ,,iii of the ,help ,america ,vote ,act with respect to the accessibility of the paper ballot verification requirements for individuals with disabilities1 the ,election ,assistance ,commission shall include and apply the same accessibility standards applicable under the voluntary guidance adopted for accessible voting systems under such subtitle4 7d7 ,permitting use of funds for protection and advocacy systems ,to support actions ,to enforce election-,related disability access ,section #bib7;a7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajfb7;a77 is amended by striking 2 except that and all that follows and inserting a period4 #ejbee4 ,durability and readability requirements for ballots ,section #cja7;a7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha7;a77 is amended by adding at the end the following new paragraph3 7#g7 ,durability and readability requirements for ballots 7,a7 ,durability requirements for paper ballots 7i7 ,in general ,all voter-verified paper ballots required to be used under this ,act shall be marked or printed on durable paper4 7ii7 ,definition ,for purposes of this ,act1 paper is durable if it is capable of withstanding multiple counts and recounts by hand without compromising the fundamental integrity of the ballots1 and capable of retaining the information marked or printed on them for the full duration of a retention and preservation period of #bb months4 7,b7 ,readability requirements for paper ballots marked by ballot marking device ,all voter-verified paper ballots completed by the voter through the use of a ballot marking device shall be clearly readable by the voter without assistance 7other than eyeglasses or other personal vision enhancing devices7 and by an optical character recognition device or other device equipped for individuals with disabilities4 4 #ejbef4 ,effective date for new requirements ,section #cja7;d7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha7;d77 is amended to read as follows3 7d7 ,effective ,date 7#a7 ,in general ,except as provided in paragraph 7#b71 each ,state and jurisdiction shall be required to comply with the requirements of this section on and after ,january #a1 #bjjh4 7#b7 ,special rule for certain requirements 7,a7 ,in general ,except as provided in subparagraphs 7,b7 and 7,c71 the requirements of this section which are first imposed on a ,state and jurisdiction pursuant to the amendments made by the ,voter ,confidence and ,increased ,accessibility ,act of #bjbj shall apply with respect to voting systems used for any election for ,federal office held in #bjbf or any succeeding year4 7,b7 ,delay for jurisdictions using certain paper record printers or certain systems using or producing voter-verifiable paper records in #bjbb 7i7 ,delay ,in the case of a jurisdiction described in clause 7ii71 subparagraph 7,a7 shall apply to a voting system in the jurisdiction as if the reference in such subparagraph to #bjbd were a reference to #bjbh1 but only with respect to the following requirements of this section3 7,i7 ,paragraph 7#b77;,a77i77,i7 of subsection 7a7 7relating to the use of voter-marked paper ballots74 7,,ii7 ,paragraph 7#c77;,b77ii77,i7 and 7,,ii7 of subsection 7a7 7relating to access to verification from and casting of the durable paper ballot74 7,,iii7 ,paragraph 7#g7 of subsection 7a7 7relating to durability and readability requirements for ballots74 7ii7 ,jurisdictions described ,a jurisdiction described in this clause is a jurisdiction-- 7,i7 which used voter verifiable paper record printers attached to direct recording electronic voting machines1 or which used other voting systems that used or produced paper records of the vote verifiable by voters but that are not in compliance with paragraphs 7#b77;,a77i77,i71 7#c77;,b77iii77,i7 and 7,,ii71 and 7#g7 of subsection 7a7 7as amended or added by the ,voter ,confidence and ,increased ,accessibility ,act of #bjbj71 for the administration of the regularly scheduled general election for ,federal office held in ,november #bjbd2 and 7,,ii7 which will continue to use such printers or systems for the administration of elections for ,federal office held in years before #bjbf4 7iii7 ,mandatory availability of paper ballots at polling places using grandfathered printers and systems 7,i7 ,requiring ballots to be offered and provided ,the appropriate election official at each polling place that uses a printer or system described in clause 7ii77,i7 for the administration of elections for ,federal office shall offer each individual who is eligible to cast a vote in the election at the polling place the opportunity to cast the vote using a blank pre-printed paper ballot which the individual may mark by hand and which is not produced by the direct recording electronic voting machine or other such system4 ,the official shall provide the individual with the ballot and the supplies necessary to mark the ballot1 and shall ensure 7to the greatest extent practicable7 that the waiting period for the individual to cast a vote is the lesser of #cj minutes or the average waiting period for an individual who does not agree to cast the vote using such a paper ballot under this clause4 7,,ii7 ,treatment of ballot ,any paper ballot which is cast by an individual under this clause shall be counted and otherwise treated as a regular ballot for all purposes 7including by incorporating it into the final unofficial vote count 7as defined by the ,state7 for the precinct7 and not as a provisional ballot1 unless the individual casting the ballot would have otherwise been required to cast a provisional ballot4 7,,iii7 ,posting of notice ,the appropriate election official shall ensure there is prominently displayed at each polling place a notice that describes the obligation of the official to offer individuals the opportunity to cast votes using a pre-printed blank paper ballot4 7,,iv7 ,training of election officials ,the chief ,state election official shall ensure that election officials at polling places in the ,state are aware of the requirements of this clause1 including the requirement to display a notice under subclause 7,,iii71 and are aware that it is a violation of the requirements of this title for an election official to fail to offer an individual the opportunity to cast a vote using a blank pre-printed paper ballot4 7,v7 ,period of applicability ,the requirements of this clause apply only during the period in which the delay is in effect under clause 7i74 7,c7 ,special rule for jurisdictions using certain nontabulating ballot marking devices ,in the case of a jurisdiction which uses a nontabulating ballot marking device which automatically deposits the ballot into a privacy sleeve1 subparagraph 7,a7 shall apply to a voting system in the jurisdiction as if the reference in such subparagraph to any election for ,federal office held in #bjbd or any succeeding year were a reference to elections for ,federal office occurring held in #bjbh or each succeeding year1 but only with respect to paragraph 7#c77;,b77iii77,,ii7 of subsection 7a7 7relating to nonmanual casting of the durable paper ballot74 4 #ejbeg4 ,clarification of ability of ,states to use election administration payments to meet requirements ,nothing in the amendments made by this part or in any provision of the ,help ,america ,vote ,act of #bjjb may be construed to prohibit a ,state from using any payment made under title ,i of such ,act 7#eb ,u4,s4,c4 #bjija et seq47 or part #a of subtitle ,d of title ,,ii of such ,act 7#eb ,u4,s4,c4 #bajja et seq47 to comply with the requirements of the amendments made by this part4 #g ,provisional ,ballots #ejbeh4 ,requirements for counting provisional ballots2 establishment of uniform and nondiscriminatory standards 7a7 ,in general ,section #cjb of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajhb7 is amended-- 7#a7 by redesignating subsection 7d7 as subsection 7f72 and 7#b7 by inserting after subsection 7c7 the following new subsections3 7d7 ,statewide counting of provisional ballots 7#a7 ,in general ,for purposes of subsection 7a77#d71 notwithstanding the precinct or polling place at which a provisional ballot is cast within the ,state1 the appropriate election official shall count each vote on such ballot for each election in which the individual who cast such ballot is eligible to vote4 7#b7 ,effective date ,this subsection shall apply with respect to elections held on or after ,january #a1 #bjbb4 7e7 ,uniform and nondiscriminatory standards 7#a7 ,in general ,consistent with the requirements of this section1 each ,state shall establish uniform and nondiscriminatory standards for the issuance1 handling1 and counting of provisional ballots4 7#b7 ,effective date ,this subsection shall apply with respect to elections held on or after ,january #a1 #bjbb4 4 7b7 ,conforming amendment ,section #cjb7;f7 of such ,act 7#eb ,u4,s4,c4 #bajhb7;f771 as redesignated by subsection 7a71 is amended by striking ,each ,state and inserting ,except as provided in subsections 7d77#b7 and 7e77#b71 each ,state4 #h ,early ,voting #ejbei4 ,early voting 7a7 ,requirements ,subtitle ,a of title ,,iii of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha et seq471 as amended by the preceding provisions of this title1 is amended-- 7#a7 by redesignating section #cjf as section #cjg2 and 7#b7 by inserting after section #cje the following new section3 #cjf4 ,early voting 7a7 ,requiring ,voting ,prior to ,date of ,election 7#a7 ,in general ,each ,state shall allow individuals to vote in an election for ,federal office during an early voting period which occurs prior to the date of the election1 in the same manner as voting is allowed on such date4 7#b7 ,length of period ,the early voting period required under this subsection with respect to an election shall consist of a period of consecutive days 7including weekends7 which begins on the #aeth day before the date of the election 7or1 at the option of the ,state1 on a day prior to the #aeth day before the date of the election7 and ends on the date of the election4 7b7 ,minimum early voting requirements ,each polling place which allows voting during an early voting period under subsection 7a7 shall-- 7#a7 allow such voting for no less than #d hours on each day1 except that the polling place may allow such voting for fewer than #d hours on ,sundays2 and 7#b7 have uniform hours each day for which such voting occurs4 7c7 ,location of polling places near public transportation ,to the greatest extent practicable1 a ,state shall ensure that each polling place which allows voting during an early voting period under subsection 7a7 is located within walking distance of a stop on a public transportation route4 7d7 ,standards 7#a7 ,in general ,the ,commission shall issue standards for the administration of voting prior to the day scheduled for a ,federal election4 ,such standards shall include the nondiscriminatory geographic placement of polling places at which such voting occurs4 7#b7 ,deviation ,the standards described in paragraph 7#a7 shall permit ,states1 upon providing adequate public notice1 to deviate from any requirement in the case of unforeseen circumstances such as a natural disaster1 terrorist attack1 or a change in voter turnout4 7e7 ,effective date ,this section shall apply with respect to elections held on or after ,january #a1 #bjbb4 4 7b7 ,conforming amendment relating to issuance of voluntary guidance by election assistance commission ,section #caa7;b7 of such ,act 7#eb ,u4,s4,c4 #baaja7;b771 as amended by section #ejbce7;b71 is amended-- 7#a7 by striking and at the end of paragraph 7#c72 7#b7 by striking the period at the end of paragraph 7#d7 and inserting 2 and2 and 7#c7 by adding at the end the following new paragraph3 7#e7 in the case of the recommendations with respect to section #cjf1 ,june #cj1 #bjbb4 4 7c7 ,clerical amendment ,the table of contents of such ,act1 as amended by the preceding provisions of this title1 is amended-- 7#a7 by redesignating the item relating to section #cjf as relating to section #cjg2 and 7#b7 by inserting after the item relating to section #cje the following new item3 ,sec4 #cjf4 ,early voting4 4 #i ,voting by ,mail #ejbfj4 ,voting by mail 7a7 ,requirements ,subtitle ,a of title ,,iii of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha et seq471 as amended by the preceding provisions of this title1 is amended-- 7#a7 by redesignating section #cjg as section #cjh2 and 7#b7 by inserting after section #cjf the following new section3 #cjg4 ,promoting ability of voters to vote by mail 7a7 ,in ,general ,if an individual in a ,state is eligible to cast a vote in an election for ,federal office1 the ,state may not impose any additional conditions or requirements on the eligibility of the individual to cast the vote in such election by absentee ballot by mail1 except as required under subsection 7b7 and except to the extent that the ,state imposes a deadline for requesting the ballot and related voting materials from the appropriate ,state or local election official and for returning the ballot to the appropriate ,state or local election official4 7b7 ,requiring signature verification ,a ,state may not accept and process an absentee ballot submitted by any individual with respect to an election for ,federal office unless the ,state verifies the identification of the individual by comparing the individual's signature on the absentee ballot with the individual's signature on the official list of registered voters in the ,state1 in accordance with such procedures as the ,state may adopt4 7c7 ,deadline for providing balloting materials ,if an individual requests to vote by absentee ballot in an election for ,federal office1 the appropriate ,state or local election official shall ensure that the ballot and relating voting materials are transmitted to the individual-- 7#a7 not later than #b weeks before the date of the election2 or 7#b7 in the case of a ,state which imposes a deadline for requesting an absentee ballot and related voting materials which is less than #b weeks before the date of the election1 as expeditiously as possible4 7d7 ,accessibility for individuals with disabilities ,consistent with section #cje1 the ,state shall ensure that all absentee ballots and related voting materials in elections for ,federal office are accessible to individuals with disabilities in a manner that provides the same opportunity for access and participation 7including with privacy and independence7 as for other voters4 7e7 ,uniform deadline for acceptance of mailed ballots ,if a ballot submitted by an individual by mail with respect to an election for ,federal office in a ,state is postmarked on or before the date of the election1 the ,state may not refuse to accept or process the ballot on the grounds that the individual did not meet a deadline for returning the ballot to the appropriate ,state or local election official4 7f7 ,no effect on ballots submitted by absent military and overseas voters ,nothing in this section may be construed to affect the treatment of any ballot submitted by an individual who is entitled to vote by absentee ballot under the ,uniformed and ,overseas ,citizens ,absentee ,voting ,act 7#eb ,u4,s4,c4 #bjcja et seq474 7g7 ,effective date ,this section shall apply with respect to elections held on or after ,january #a1 #bjbb4 4 7b7 ,conforming amendment relating to issuance of voluntary guidance by election assistance commission ,section #caa7;b7 of such ,act 7#eb ,u4,s4,c4 #baaja7;b771 as amended by section #ejbce7;b7 and section #ejbei7;b71 is amended-- 7#a7 by striking and at the end of paragraph 7#d72 7#b7 by striking the period at the end of paragraph 7#e7 and inserting 2 and2 and 7#c7 by adding at the end the following new paragraph3 7#f7 in the case of the recommendations with respect to section #cjg1 ,june #cj1 #bjbb4 4 7c7 ,clerical amendment ,the table of contents of such ,act1 as amended by the preceding provisions of this title1 is amended-- 7#a7 by redesignating the item relating to section #cjg as relating to section #cjh2 and 7#b7 by inserting after the item relating to section #cjf the following new item3 ,sec4 #cjg4 ,promoting ability of voters to vote by mail4 4 #aj ,absent ,uniformed ,services ,voters and ,overseas ,voters #ejbfa4 ,extending guarantee of residency for voting purposes to family members of absent military personnel ,section #gje of the ,servicemembers ,civil ,relief ,act 7#ej ,u4,s4,c4 #djbe7 is amended-- 7#a7 in the heading1 by striking spouses and inserting family members2 and 7#b7 by amending subsection 7b7 to read as follows3 7b7 ,family members ,for the purposes of voting for in any election for any ,federal office 7as defined in section #cja of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaja77 or any ,state or local office1 a spouse1 domestic partner1 or dependent of a person who is absent from a ,state in compliance with military or naval orders shall not1 solely by reason of that person's absence and without regard to whether or not such family member is accompanying that person-- 7#a7 be deemed to have lost a residence or domicile in that ,state1 without regard to whether or not the person intends to return to that ,state2 7#b7 be deemed to have acquired a residence or domicile in any other ,state2 or 7#c7 be deemed to have become a resident in or a resident of any other ,state4 4 #ejbfb4 ,pre-election reports on availability and transmission of absentee ballots ,section #ajb7;c7 of the ,uniformed and ,overseas ,citizens ,absentee ,voting ,act 7#eb ,u4,s4,c4 #bjcjb7;c77 is amended to read as follows3 7c7 ,reports on ,availability1 transmission1 and receipt of absentee ballots 7#a7 ,pre-election report on absentee ballot availability ,not later than #ee days before any regularly scheduled general election for ,federal office1 each ,state shall submit a report to the ,attorney ,general1 the ,election ,assistance ,commission 7hereafter in this subsection referred to as the ,commission71 and the ,presidential ,designee1 and make that report publicly available that same day1 certifying that absentee ballots for the election are or will be available for transmission to absent uniformed services voters and overseas voters by not later than #de days before the election4 ,the report shall be in a form prescribed jointly by the ,attorney ,general and the ,commission and shall require the ,state to certify specific information about ballot availability from each unit of local government which will administer the election4 7#b7 ,pre-election report on absentee ballot transmission ,not later than #dc days before any regularly scheduled general election for ,federal office1 each ,state shall submit a report to the ,attorney ,general1 the ,commission1 and the ,presidential ,designee1 and make that report publicly available that same day1 certifying whether all absentee ballots have been transmitted by not later than #de days before the election to all qualified absent uniformed services and overseas voters whose requests were received at least #de days before the election4 ,the report shall be in a form prescribed jointly by the ,attorney ,general and the ,commission1 and shall require the ,state to certify specific information about ballot transmission1 including the total numbers of ballot requests received and ballots transmitted1 from each unit of local government which will administer the election4 7#c7 ,post-election report on number of absentee ballots transmitted and received ,not later than #ij days after the date of each regularly scheduled general election for ,federal office1 each ,state and unit of local government which administered the election shall 7through the ,state1 in the case of a unit of local government7 submit a report to the ,attorney ,general1 the ,commission1 and the ,presidential ,designee on the combined number of absentee ballots transmitted to absent uniformed services voters and overseas voters for the election and the combined number of such ballots which were returned by such voters and cast in the election1 and shall make such report available to the general public that same day4 4 #ejbfc4 ,enforcement 7a7 ,availability of civil penalties and private rights of action ,section #aje of the ,uniformed and ,overseas ,citizens ,absentee ,voting ,act 7#eb ,u4,s4,c4 #bjcjg7 is amended to read as follows3 #aje4 ,enforcement 7a7 ,action by ,attorney ,general 7#a7 ,in general ,the ,attorney ,general may bring civil action in an appropriate district court for such declaratory or injunctive relief as may be necessary to carry out this title4 7#b7 ,penalty ,in a civil action brought under paragraph 7#a71 if the court finds that the ,state violated any provision of this title1 it may1 to vindicate the public interest1 assess a civil penalty against the ,state-- 7,a7 in an amount not to exceed #aaj1jjj for each such violation1 in the case of a first violation2 or 7,b7 in an amount not to exceed #bbj1jjj for each such violation1 for any subsequent violation4 7#c7 ,report to ,congress ,not later than ,december #ca of each year1 the ,attorney ,general shall submit to ,congress an annual report on any civil action brought under paragraph 7#a7 during the preceding year4 7b7 ,private right of action ,a person who is aggrieved by a ,state's violation of this title may bring a civil action in an appropriate district court for such declaratory or injunctive relief as may be necessary to carry out this title4 7c7 ,state as only necessary defendant ,in any action brought under this section1 the only necessary party defendant is the ,state1 and it shall not be a defense to any such action that a local election official or a unit of local government is not named as a defendant1 notwithstanding that a ,state has exercised the authority described in section #egf of the ,military and ,overseas ,voter ,empowerment ,act to delegate to another jurisdiction in the ,state any duty or responsibility which is the subject of an action brought under this section4 4 7b7 ,effective date ,the amendments made by this section shall apply with respect to violations alleged to have occurred on or after the date of the enactment of this ,act4 #ejbfd4 ,revisions to #de-;day absentee ballot transmission rule 7a7 ,repeal of waiver authority 7#a7 ,in general ,section #ajb of the ,uniformed and ,overseas ,citizens ,absentee ,voting ,act 7#eb ,u4,s4,c4 #bjcjb7 is amended by striking subsection 7g74 7#b7 ,conforming amendment ,section #ajb7;a77#h77;,a7 of such ,act 7#eb ,u4,s4,c4 #bjcjb7;a77#h77;,a77 is amended by striking except as provided in subsection 7g714 7b7 ,requiring use of express delivery in case of failure ,to meet requirement ,section #ajb of such ,act 7#eb ,u4,s4,c4 #bjcjb71 as amended by subsection 7a71 is amended by inserting after subsection 7f7 the following new subsection3 7g7 ,requiring use of express delivery in case of failure ,to transmit ballots within deadlines 7#a7 ,transmission of ballot by express delivery ,if a ,state fails to meet the requirement of subsection 7a77#h77;,a7 to transmit a validly requested absentee ballot to an absent uniformed services voter or overseas voter not later than #de days before the election 7in the case in which the request is received at least #de days before the election7-- 7,a7 the ,state shall transmit the ballot to the voter by express delivery2 or 7,b7 in the case of a voter who has designated that absentee ballots be transmitted electronically in accordance with subsection 7f77#a71 the ,state shall transmit the ballot to the voter electronically4 7#b7 ,special rule for transmission fewer than #dj days before the election ,if1 in carrying out paragraph 7#a71 a ,state transmits an absentee ballot to an absent uniformed services voter or overseas voter fewer than #dj days before the election1 the ,state shall enable the ballot to be returned by the voter by express delivery1 except that in the case of an absentee ballot of an absent uniformed services voter for a regularly scheduled general election for ,federal office1 the ,state may satisfy the requirement of this paragraph by notifying the voter of the procedures for the collection and delivery of such ballots under section #ajc;,a4 4 7c7 ,clarification of treatment of weekends ,section #ajb7;a77#h77;,a7 of such ,act 7#eb ,u4,s4,c4 #bjcjb7;a77#h77;,a77 is amended by striking the election2 and inserting the following3 the election 7or1 if the #deth day preceding the election is a weekend or legal public holiday1 not later than the most recent weekday which precedes such #deth day and which is not a legal public holiday1 but only if the request is received by at least such most recent weekday724 #ejbfe4 ,use of single absentee ballot application for subsequent elections 7a7 ,in general ,section #ajd of the ,uniformed and ,overseas ,citizens ,absentee ,voting ,act 7#eb ,u4,s4,c4 #bjcjf7 is amended to read as follows3 #ajd4 ,use of single application for subsequent elections 7a7 ,in general ,if a ,state accepts and processes an official post card form 7prescribed under section #aja7 submitted by an absent uniformed services voter or overseas voter for simultaneous voter registration and absentee ballot application 7in accordance with section #ajb7;a77#d77 and the voter requests that the application be considered an application for an absentee ballot for each subsequent election for ,federal office held in the ,state through the next regularly scheduled general election for ,federal office 7including any runoff elections which may occur as a result of the outcome of such general election71 the ,state shall provide an absentee ballot to the voter for each such subsequent election4 7b7 ,exception for voters changing registration ,subsection 7a7 shall not apply with respect to a voter registered to vote in a ,state for any election held after the voter notifies the ,state that the voter no longer wishes to be registered to vote in the ,state or after the ,state determines that the voter has registered to vote in another ,state or is otherwise no longer eligible to vote in the ,state4 7c7 ,prohibition of refusal of application on grounds of early submission ,a ,state may not refuse to accept or to process1 with respect to any election for ,federal office1 any otherwise valid voter registration application or absentee ballot application 7including the postcard form prescribed under section #aja7 submitted by an absent uniformed services voter or overseas voter on the grounds that the voter submitted the application before the first date on which the ,state otherwise accepts or processes such applications for that election which are submitted by absentee voters who are not members of the uniformed services or overseas citizens4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall apply with respect to voter registration and absentee ballot applications which are submitted to a ,state or local election official on or after the date of the enactment of this ,act4 #ejbff4 ,effective date ,the amendments made by this part shall apply with respect to elections occurring on or after ,january #a1 #bjbb4 #aa ,poll ,worker ,recruitment and ,training #ejbfg4 ,leave to serve as a poll worker for ,federal employees 7a7 ,in general ,subchapter ,,ii of chapter #fc of title #e1 ,united ,states ,code1 is amended by inserting after section #fcbi;c the following3 #fcbi;d4 ,absence in connection with serving as a poll worker 7a7 ,in general ,an employee in or under an ,executive agency is entitled to leave1 without loss of or reduction in pay1 leave to which otherwise entitled1 credit for time or service1 or performance or efficiency rating1 not to exceed #f days in a leave year1 in order-- 7#a7 to provide election administration assistance to a ,state or unit of local government at a polling place on the date of any election for public office2 or 7#b7 to receive any training without which such employee would be ineligible to provide such assistance4 7b7 ,regulations ,the ,director of the ,office of ,personnel ,management may prescribe regulations for the administration of this section1 including regulations setting forth the terms and conditions of the election administration assistance an employee may provide for purposes of subsection 7a74 4 7b7 ,clerical amendment ,the table of sections for chapter #fc of title #e1 ,united ,states ,code1 is amended by inserting after the item relating to section #fcbi;c the following3 #fcbi;d4 ,absence in connection with serving as a poll worker4 4 #ejbfh4 ,grants to ,states for poll worker recruitment and training 7a7 ,grants by ,election ,assistance ,commission 7#a7 ,in general ,the ,election ,assistance ,commission 7hereafter referred to as the ,commission7 shall make a grant to each eligible ,state for recruiting and training individuals to serve as poll workers on dates of elections for public office4 7#b7 ,use of ,commission materials ,in carrying out activities with a grant provided under this section1 the recipient of the grant shall use the manual prepared by the ,commission on successful practices for poll worker recruiting1 training and retention as an interactive training tool1 and shall develop training programs with the participation and input of experts in adult learning4 7b7 ,requirements for ,eligibility 7#a7 ,application ,each ,state that desires to receive a payment under this section shall submit an application for the payment to the ,commission at such time and in such manner and containing such information as the ,commission shall require4 7#b7 ,contents of ,application ,each application submitted under paragraph 7#a7 shall-- 7,a7 describe the activities for which assistance under this section is sought2 7,b7 provide assurances that the funds provided under this section will be used to supplement and not supplant other funds used to carry out the activities2 7,c7 provide assurances that the ,state will furnish the ,commission with information on the number of individuals who served as poll workers after recruitment and training with the funds provided under this section2 and 7,d7 provide such additional information and certifications as the ,commission determines to be essential to ensure compliance with the requirements of this section4 7c7 ,amount of ,grant 7#a7 ,in general ,the amount of a grant made to a ,state under this section shall be equal to the product of-- 7,a7 the aggregate amount made available for grants to ,states under this section2 and 7,b7 the voting age population percentage for the ,state4 7#b7 ,voting age population percentage defined ,in paragraph 7#a71 the voting age population percentage for a ,state is the quotient of-- 7,a7 the voting age population of the ,state 7as determined on the basis of the most recent information available from the ,bureau of the ,census72 and 7,b7 the total voting age population of all ,states 7as determined on the basis of the most recent information available from the ,bureau of the ,census74 7d7 ,reports to ,congress 7#a7 ,reports by recipients of grants ,not later than #f months after the date on which the final grant is made under this section1 each recipient of a grant shall submit a report to the ,commission on the activities conducted with the funds provided by the grant4 7#b7 ,reports by ,commission ,not later than #a year after the date on which the final grant is made under this section1 the ,commission shall submit a report to ,congress on the grants made under this section and the activities carried out by recipients with the grants1 and shall include in the report such recommendations as the ,commission considers appropriate4 7e7 ,funding 7#a7 ,continuing availability of amount appropriated ,any amount appropriated to carry out this section shall remain available without fiscal year limitation until expended4 7#b7 ,administrative expenses ,of the amount appropriated for any fiscal year to carry out this section1 not more than #c percent shall be available for administrative expenses of the ,commission4 #ejbfi4 ,model poll worker training program 7a7 ,development of program by ,election ,assistance ,commission ,not later than #a year after the date of the enactment of this ,act1 the ,election ,assistance ,commission shall develop and provide to each ,state materials for a model poll worker training program which the ,state may use to train individuals to serve as poll workers in elections for ,federal office4 7b7 ,contents of materials ,the materials for the model poll worker training program developed under this section shall include materials to provide training with respect to the following3 7#a7 ,the relevant provisions of the ,federal laws which apply to the administration of elections for ,federal office in the ,state1 including the ,voting ,rights ,act of #aife and the ,help ,america ,vote ,act of #bjjb4 7#b7 ,the provision of access to voting to individuals with disabilities in a manner which preserves the dignity and privacy of such individuals4 7#c7 ,the provision of access to voting to individuals with limited ,english language proficiency1 and to individuals who are members or racial or ethnic minorities1 consistent with the protections provided for such individuals under relevant law1 in a manner which preserves the dignity of such individuals4 7#d7 ,practical experience in the use of the voting machines which will be used in the election involved1 including the accessibility features of such machines4 7#e7 ,such other election administration subjects as the ,commission considers appropriate to ensure that poll workers are able to effectively assist with the administration of elections for ,federal office4 #ejbgj4 ,state defined ,in this part1 the term ,state includes the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 ,guam1 ,american ,samoa1 the ,united ,states ,virgin ,islands1 and the ,commonwealth of the ,northern ,mariana ,islands4 #ab ,enhancement of ,enforcement #ejbga4 ,enhancement of enforcement of ,help ,america ,vote ,act of #bjjb 7a7 ,complaints2 availability of private right of action ,section #dja of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #baaaa7 is amended-- 7#a7 by striking ,the ,attorney ,general and inserting 7a7 ,in ,general4--,the ,attorney ,general2 and 7#b7 by adding at the end the following new subsections3 7b7 ,filing of ,complaints by ,aggrieved ,persons 7#a7 ,in general ,a person who is aggrieved by a violation of title ,,iii which has occurred1 is occurring1 or is about to occur may file a written1 signed1 notarized complaint with the ,attorney ,general describing the violation and requesting the ,attorney ,general to take appropriate action under this section4 ,the ,attorney ,general shall immediately provide a copy of a complaint filed under the previous sentence to the entity responsible for administering the ,state-based administrative complaint procedures described in section #djb7;a7 for the ,state involved4 7#b7 ,response by ,attorney ,general ,the ,attorney ,general shall respond to each complaint filed under paragraph 7#a71 in accordance with procedures established by the ,attorney ,general that require responses and determinations to be made within the same 7or shorter7 deadlines which apply to a ,state under the ,state-based administrative complaint procedures described in section #djb7;a77#b74 ,the ,attorney ,general shall immediately provide a copy of the response made under the previous sentence to the entity responsible for administering the ,state-based administrative complaint procedures described in section #djb7;a7 for the ,state involved4 7c7 ,availability of private right of action ,any person who is authorized to file a complaint under subsection 7b77#a7 7including any individual who seeks to enforce the individual's right to a voter-verified paper ballot1 the right to have the voter-verified paper ballot counted in accordance with this ,act1 or any other right under title ,,iii7 may file an action under section #aigi of the ,revised ,statutes of the ,united ,states 7#db ,u4,s4,c4 #aihc7 to enforce the uniform and nondiscriminatory election technology and administration requirements under subtitle ,a of title ,,iii4 7d7 ,no effect on ,state procedures ,nothing in this section may be construed to affect the availability of the ,state-based administrative complaint procedures required under section #djb to any person filing a complaint under this subsection4 4 7b7 ,effective date ,the amendments made by this section shall apply with respect to violations occurring with respect to elections for ,federal office held in #bjbb or any succeeding year4 #ac ,federal ,election ,integrity #ejbgb4 ,prohibition on campaign activities by chief ,state election administration officials 7a7 ,in ,general ,title ,,iii of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaja et seq47 is amended by inserting after section #cai the following new section3 #cai;,a4 ,campaign activities by chief ,state election administration officials 7a7 ,prohibition ,it shall be unlawful for a chief ,state election administration official to take an active part in political management or in a political campaign with respect to any election for ,federal office over which such official has supervisory authority4 7b7 ,chief ,state election administration official ,the term chief ,state election administration official means the highest ,state official with responsibility for the administration of ,federal elections under ,state law4 7c7 ,active part in political management or in a political campaign ,the term active part in political management or in a political campaign means-- 7#a7 serving as a member of an authorized committee of a candidate for ,federal office2 7#b7 the use of official authority or influence for the purpose of interfering with or affecting the result of an election for ,federal office2 7#c7 the solicitation1 acceptance1 or receipt of a contribution from any person on behalf of a candidate for ,federal office2 and 7#d7 any other act which would be prohibited under paragraph 7#b7 or 7#c7 of section #gcbc7;b7 of title #e1 ,united ,states ,code1 if taken by an individual to whom such paragraph applies 7other than any prohibition on running for public office74 7d7 ,exception in case of recusal from administration of elections involving official or immediate family member 7#a7 ,in general ,this section does not apply to a chief ,state election administration official with respect to an election for ,federal office in which the official or an immediate family member of the official is a candidate1 but only if such official recuses himself or herself from all of the official's responsibilities for the administration of such election4 7#b7 ,immediate family member defined ,in paragraph 7#a71 the term immediate family member means1 with respect to a candidate1 a father1 mother1 son1 daughter1 brother1 sister1 husband1 wife1 father-in-law1 or mother-in-law4 4 7b7 ,effective ,date ,the amendments made by subsection 7a7 shall apply with respect to elections for ,federal office held after ,december #bjba4 #ad ,grants for ,risk-limiting ,audits of ,results of ,elections #ejbgc4 ,grants to ,states for conducting risk-limiting audits of results of elections 7a7 ,availability of grants ,subtitle ,d of title ,,ii of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajja et seq47 is amended by adding at the end the following new part3 #g ,grants for ,conducting ,risk-,limiting ,audits of ,results of ,elections #big4 ,grants for conducting risk-limiting audits of results of elections 7a7 ,availability of grants ,the ,commission shall make a grant to each eligible ,state to conduct risk-limiting audits as described in subsection 7b7 with respect to the regularly scheduled general elections for ,federal office held in ,november #bjbb and each succeeding election for ,federal office4 7b7 ,risk-,limiting audits described ,in this part1 a risk-limiting audit is a post-election process-- 7#a7 which is conducted in accordance with rules and procedures established by the chief ,state election official of the ,state which meet the requirements of subsection 7c72 and 7#b7 under which1 if the reported outcome of the election is incorrect1 there is at least a predetermined percentage chance that the audit will replace the incorrect outcome with the correct outcome as determined by a full1 hand-to-eye tabulation of all votes validly cast in that election that ascertains voter intent manually and directly from voter-verifiable paper records4 7c7 ,requirements for rules and procedures ,the rules and procedures established for conducting a risk-limiting audit shall include the following elements3 7#a7 ,rules for ensuring the security of ballots and documenting that prescribed procedures were followed4 7#b7 ,rules and procedures for ensuring the accuracy of ballot manifests produced by election agencies4 7#c7 ,rules and procedures for governing the format of ballot manifests1 cast vote records1 and other data involved in the audit4 7#d7 ,methods to ensure that any cast vote records used in the audit are those used by the voting system to tally the election results sent to the chief ,state election official and made public4 7#e7 ,procedures for the random selection of ballots to be inspected manually during each audit4 7#f7 ,rules for the calculations and other methods to be used in the audit and to determine whether and when the audit of an election is complete4 7#g7 ,procedures and requirements for testing any software used to conduct risk-limiting audits4 7d7 ,definitions ,in this part1 the following definitions apply3 7#a7 ,the term ballot manifest means a record maintained by each election agency that meets each of the following requirements3 7,a7 ,the record is created without reliance on any part of the voting system used to tabulate votes4 7,b7 ,the record functions as a sampling frame for conducting a risk-limiting audit4 7,c7 ,the record contains the following information with respect to the ballots cast and counted in the election3 7i7 ,the total number of ballots cast and counted by the agency 7including undervotes1 overvotes1 and other invalid votes74 7ii7 ,the total number of ballots cast in each election administered by the agency 7including undervotes1 overvotes1 and other invalid votes74 7iii7 ,a precise description of the manner in which the ballots are physically stored1 including the total number of physical groups of ballots1 the numbering system for each group1 a unique label for each group1 and the number of ballots in each such group4 7#b7 ,the term election agency means any component of a ,state1 or any component of a unit of local government in a ,state1 which is responsible for the administration of elections for ,federal office in the ,state4 7#c7 ,the term incorrect outcome means an outcome that differs from the outcome that would be determined by a full tabulation of all votes validly cast in the election1 determining voter intent manually1 directly from voter-verifiable paper records4 7#d7 ,the term outcome means the winner of an election1 whether a candidate or a position4 7#e7 ,the term reported outcome means the outcome of an election which is determined according to the canvass and which will become the official1 certified outcome unless it is revised by an audit1 recount1 or other legal process4 #big;,a4 ,eligibility of ,states ,a ,state is eligible to receive a grant under this part if the ,state submits to the ,commission1 at such time and in such form as the ,commission may require1 an application containing-- 7#a7 a certification that1 not later than #e years after receiving the grant1 the ,state will conduct risk-limiting audits of the results of elections for ,federal office held in the ,state as described in section #big2 7#b7 a certification that1 not later than one year after the date of the enactment of this section1 the chief ,state election official of the ,state has established or will establish the rules and procedures for conducting the audits which meet the requirements of section #big7;c72 7#c7 a certification that the audit shall be completed not later than the date on which the ,state certifies the results of the election2 7#d7 a certification that1 after completing the audit1 the ,state shall publish a report on the results of the audit1 together with such information as necessary to confirm that the audit was conducted properly2 7#e7 a certification that1 if a risk-limiting audit conducted under this part leads to a full manual tally of an election1 ,state law requires that the ,state or election agency shall use the results of the full manual tally as the official results of the election2 and 7#f7 such other information and assurances as the ,commission may require4 #big;,b4 ,authorization of appropriations ,there are authorized to be appropriated for grants under this part #bj1jjj1jjj for fiscal year #bjba1 to remain available until expended4 4 7b7 ,clerical amendment ,the table of contents of such ,act is amended by adding at the end of the items relating to subtitle ,d of title ,,ii the following3 ,part #g--;,grants for ,conducting ,risk-,limiting ,audits of ,results of ,elections ,sec4 #big4 ,grants for conducting risk-limiting audits of results of elections4 ,sec4 #big;,a4 ,eligibility of ,states4 ,sec4 #big;,b4 ,authorization of appropriations4 4 #ejbgd4 ,,gao analysis of effects of audits 7a7 ,analysis ,not later than #f months after the first election for ,federal office is held after grants are first awarded to ,states for conducting risk-limiting under part #g of subtitle ,d of title ,,ii of the ,help ,america ,vote ,act of #bjjb 7as added by section #ejbgc7 for conducting risk-limiting audits of elections for ,federal office1 the ,comptroller ,general of the ,united ,states shall conduct an analysis of the extent to which such audits have improved the administration of such elections and the security of election infrastructure in the ,states receiving such grants4 7b7 ,report ,the ,comptroller ,general of the ,united ,states shall submit a report on the analysis conducted under subsection 7a7 to the appropriate congressional committees4 7c7 ,definitions ,in this section-- 7#a7 the term appropriate congressional committees means the ,committees on ,homeland ,security and ,house ,administration of the ,house of ,representatives and the ,committees on ,homeland ,security and ,governmental ,affairs and ,rules and ,administration of the ,senate2 7#b7 the term election agency means any component of a ,state1 or any component of a unit of local government in a ,state1 which is responsible for the administration of elections for ,federal office in the ,state2 and 7#c7 the term election infrastructure means storage facilities1 polling places1 and centralized vote tabulation locations used to support the administration of elections for public office1 as well as related information and communications technology1 including voter registration databases1 voting machines1 electronic mail and other communications systems 7including electronic mail and other systems of vendors who have entered into contracts with election agencies to support the administration of elections1 manage the election process1 and report and display election results71 and other systems used to manage the election process and to report and display election results on behalf of an election agency4 #ae ,promoting ,voter ,access ,through ,election ,administration ,improvements ,a ,promoting ,voter ,access #ejbge4 ,treatment of universities as voter registration agencies 7a7 ,in general ,section #g7;a7 of the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjejf7;a77 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 by striking and at the end of subparagraph 7,a72 7,b7 by striking the period at the end of subparagraph 7,b7 and inserting 2 and2 and 7,c7 by adding at the end the following new subparagraph3 7,c7 each institution of higher education 7as defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja77 in the ,state that receives ,federal funds4 2 and 7#b7 in paragraph 7#f77;,a71 by inserting or1 in the case of an institution of higher education1 with each registration of a student for enrollment in a course of study after assistance14 7b7 ,amendment to ,higher ,education ,act of #aife ,section #dhg7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajid7;a77 is amended by striking paragraph 7#bc74 7c7 ,sense of ,congress relating to option of students ,to register in jurisdiction of institution of higher education or jurisdiction of domicile ,it is the sense of ,congress that1 as provided under existing law1 students who attend an institution of higher education and reside in the jurisdiction of the institution while attending the institution should have the option of registering to vote in elections for ,federal office in that jurisdiction or in the jurisdiction of their own domicile4 7d7 ,effective date ,the amendments made by this section shall apply with respect to elections held on or after ,january #a1 #bjbb4 #ejbgf4 ,minimum notification requirements for voters affected by polling place changes 7a7 ,requirements ,section #cjb of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajhb71 as amended by section #ejbeh7;a71 is amended-- 7#a7 by redesignating subsection 7f7 as subsection 7g72 and 7#b7 by inserting after subsection 7e7 the following new subsection3 7f7 ,minimum notification requirements for voters affected by polling place changes 7#a7 ,in general ,if a ,state assigns an individual who is a registered voter in a ,state to a polling place with respect to an election for ,federal office which is not the same polling place to which the individual was previously assigned with respect to the most recent election for ,federal office in the ,state in which the individual was eligible to vote-- 7,a7 the ,state shall notify the individual of the location of the polling place not later than #g days before the date of the election2 or 7,b7 if the ,state makes such an assignment fewer than #g days before the date of the election and the individual appears on the date of the election at the polling place to which the individual was previously assigned1 the ,state shall make every reasonable effort to enable the individual to vote on the date of the election4 7#b7 ,effective date ,this subsection shall apply with respect to elections held on or after ,january #a1 #bjbb4 4 7b7 ,conforming amendment ,section #cjb7;g7 of such ,act 7#eb ,u4,s4,c4 #bajhb7;g771 as redesignated by subsection 7a7 and as amended by section #ejbeh7;b71 is amended by striking 7d77#b7 and 7e77#b7 and inserting 7d77#b71 7e77#b71 and 7f77#b74 #ejbgg4 ,election ,day holiday 7a7 ,treatment of ,election ,day in same manner as legal public holiday for purposes of ,federal employment ,for purposes of any law relating to ,federal employment1 the ,tuesday next after the first ,monday in ,november in #bjbj and each even-numbered year thereafter shall be treated in the same manner as a legal public holiday described in section #fajc of title #e1 ,united ,states ,code4 7b7 ,sense of ,congress relating to treatment of day by private employers ,it is the sense of ,congress that private employers in the ,united ,states should give their employees a day off on the ,tuesday next after the first ,monday in ,november in #bjbj and each even-numbered year thereafter to enable the employees to cast votes in the elections held on that day4 #ejbgh4 ,permitting use of sworn written statement to meet identification requirements for voting 7a7 ,permitting use of statement ,title ,,iii of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha et seq47 is amended by inserting after section #cjc the following new section3 #cjc;,a4 ,permitting use of sworn written statement to meet identification requirements 7a7 ,use of statement 7#a7 ,in general ,except as provided in subsection 7c71 if a ,state has in effect a requirement that an individual present identification as a condition of receiving and casting a ballot in an election for ,federal office1 the ,state shall permit the individual to meet the requirement-- 7,a7 in the case of an individual who desires to vote in person1 by presenting the appropriate ,state or local election official with a sworn written statement1 signed by the individual under penalty of perjury1 attesting to the individual's identification and attesting that the individual is eligible to vote in the election2 or 7,b7 in the case of an individual who desires to vote by mail1 by submitting with the ballot the statement described in subparagraph 7,a74 7#b7 ,providing pre-printed copy of statement ,a ,state which is subject to paragraph 7#a7 shall-- 7,a7 prepare a pre-printed version of the statement described in paragraph 7#a77;,a7 which includes a blank space for an individual to provide a name and signature2 7,b7 make copies of the pre-printed version available at polling places for election officials to distribute to individuals who desire to vote in person2 and 7,c7 include a copy of the pre-printed version with each blank absentee or other ballot transmitted to an individual who desires to vote by mail4 7b7 ,requiring use of regular ballot ,an individual who presents or submits a sworn written statement in accordance with subsection 7a77#a7 shall be permitted to cast a regular ballot in the election in the same manner as an individual who presents identification4 7c7 ,exception for first-,time voters registering by mail ,subsections 7a7 and 7b7 do not apply with respect to any individual described in paragraph 7#a7 of section #cjc7;b7 who is required to meet the requirements of paragraph 7#b7 of such section4 4 7b7 ,requiring ,states ,to include information on use of sworn written statement in voting information material posted at polling places ,section #cjb7;b77#b7 of such ,act 7#eb ,u4,s4,c4 #bajhb7;b77#b771 as amended by section #ejbcb7;b7 and section #ejbci7;b71 is amended-- 7#a7 by striking and at the end of subparagraph 7,g72 7#b7 by striking the period at the end of subparagraph 7,h7 and inserting 2 and2 and 7#c7 by adding at the end the following new subparagraph3 7,i7 in the case of a ,state that has in effect a requirement that an individual present identification as a condition of receiving and casting a ballot in an election for ,federal office1 information on how an individual may meet such requirement by presenting a sworn written statement in accordance with section #cjc;,a4 4 7c7 ,clerical amendment ,the table of contents of such ,act is amended by inserting after the item relating to section #cjc the following new item3 ,sec4 #cjc;,a4 ,permitting use of sworn written statement to meet identification requirements4 4 7d7 ,effective date ,the amendments made by this section shall apply with respect to elections occurring on or after the date of the enactment of this ,act4 #ejbgi4 ,postage-free ballots 7a7 ,absentee ballots carried free of postage 7#a7 ,in general ,chapter #cd of title #ci1 ,united ,states ,code1 is amended by adding after section #cdjf the following3 #cdjg4 ,absentee ballots carried free of postage 7a7 ,any absentee ballot for any election shall be carried expeditiously and free of postage4 7b7 ,as used in this section1 the term absentee ballot does not include any ballot covered by section #cdjf4 4 7#b7 ,clerical amendment ,the table of sections for chapter #cd of such title is amended by inserting after the item relating to section #cdjf the following3 #cdjg4 ,absentee ballots carried free of postage4 4 7#c7 ,reimbursement ,section #bdja7;c7 of title #ci1 ,united ,states ,code1 is amended by striking #cdjf and inserting #cdjg4 7b7 ,use by ,states of requirements payments under ,help ,america ,vote ,act of #bjjb ,to reimburse ,postal ,service 7#a7 ,authorizing use of payments ,section #bea7;b7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajja7;b77 is amended-- 7,a7 in paragraph 7#a71 by striking as provided in paragraphs 7#b7 and 7#c7 and inserting as otherwise provided in this subsection2 and 7,b7 by adding at the end the following new paragraph3 7#d7 ,reimbursement of ,postal ,service for costs associated with absentee ballots ,a ,state shall use a requirements payment to reimburse the ,united ,states ,postal ,service for the revenue which the ,postal ,service would have obtained as the result of the mailing of absentee ballots in the ,state but for section #cdjg of title #ci1 ,united ,states ,code4 4 7#b7 ,effective date ,the amendment made by paragraph 7#a7 shall apply with respect to the requirements payments made to a ,state under part #a of subtitle ,d of title ,,ii of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajja et seq47-- 7,a7 for fiscal year #bjba or any previous fiscal year1 but only to the extent that any such payment remains unobligated or unexpended by the ,state as of the date of the enactment of this ,act2 and 7,b7 for fiscal year #bjbb and each succeeding fiscal year4 #ejbhj4 ,reimbursement for costs incurred by ,states in establishing program to track and confirm receipt of absentee ballots 7a7 ,reimbursement ,subtitle ,d of title ,,ii of the ,help ,america ,vote ,act of #bjjb 7#db ,u4,s4,c4 #aedja et seq471 as amended by section #ejbgc7;a71 is further amended by adding at the end the following new part3 #h ,payments ,to ,reimburse ,states for ,costs ,incurred in ,establishing ,program ,to ,track and ,confirm ,receipt of ,absentee ,ballots #bih4 ,payments to ,states 7a7 ,payments for ,costs of ,establishing ,program ,in accordance with this section1 the ,commission shall make a payment to a ,state to reimburse the ,state for the costs incurred in establishing1 if the ,state so chooses to establish1 an absentee ballot tracking program with respect to elections for ,federal office held in the ,state 7including costs incurred prior to the date of the enactment of this part74 7b7 ,absentee ,ballot ,tracking ,program ,described 7#a7 ,program described 7,a7 ,in general ,in this part1 an absentee ballot tracking program is a program to track and confirm the receipt of absentee ballots in an election for ,federal office under which the ,state or local election official responsible for the receipt of voted absentee ballots in the election carries out procedures to track and confirm the receipt of such ballots1 and makes information on the receipt of such ballots available to the individual who cast the ballot1 by means of online access using the ,internet site of the official's office4 7,b7 ,information on whether vote was counted ,the information referred to under subparagraph 7,a7 with respect to the receipt of an absentee ballot shall include information regarding whether the vote cast on the ballot was counted1 and1 in the case of a vote which was not counted1 the reasons therefor4 7#b7 ,use of ,toll-,free ,telephone ,number by ,officials ,without ,internet ,site ,a program established by a ,state or local election official whose office does not have an ,internet site may meet the description of a program under paragraph 7#a7 if the official has established a toll-free telephone number that may be used by an individual who cast an absentee ballot to obtain the information on the receipt of the voted absentee ballot as provided under such paragraph4 7c7 ,certification of ,compliance and ,costs 7#a7 ,certification required ,in order to receive a payment under this section1 a ,state shall submit to the ,commission a statement containing-- 7,a7 a certification that the ,state has established an absentee ballot tracking program with respect to elections for ,federal office held in the ,state2 and 7,b7 a statement of the costs incurred by the ,state in establishing the program4 7#b7 ,amount of payment ,the amount of a payment made to a ,state under this section shall be equal to the costs incurred by the ,state in establishing the absentee ballot tracking program1 as set forth in the statement submitted under paragraph 7#a71 except that such amount may not exceed the product of-- 7,a7 the number of jurisdictions in the ,state which are responsible for operating the program2 and 7,b7 #c1jjj4 7#c7 ,limit on number of payments received ,a ,state may not receive more than one payment under this part4 #bih;,a4 ,authorization of appropriations 7a7 ,authorization ,there are authorized to be appropriated to the ,commission for fiscal year #bjbb and each succeeding fiscal year such sums as may be necessary for payments under this part4 7b7 ,continuing ,availability of ,funds ,any amounts appropriated pursuant to the authorization under this section shall remain available until expended4 4 7b7 ,clerical ,amendment ,the table of contents of such ,act1 as amended by section #ejbgc7;b71 is further amended by adding at the end of the items relating to subtitle ,d of title ,,ii the following3 ,part #h--,payments ,to ,reimburse ,states for ,costs ,incurred in ,establishing ,program ,to ,track and ,confirm ,receipt of ,absentee ,ballots ,sec4 #bih4 ,payments to ,states4 ,sec4 #bih;,a4 ,authorization of appropriations4 4 #ejbha4 ,voter information response systems and hotline 7a7 ,establishment and operation of systems and services 7#a7 ,state-based response systems ,the ,attorney ,general shall coordinate the establishment of a ,state-based response system for responding to questions and complaints from individuals voting or seeking to vote1 or registering to vote or seeking to register to vote1 in elections for ,federal office4 ,such system shall provide-- 7,a7 ,state-specific1 same-day1 and immediate assistance to such individuals1 including information on how to register to vote1 the location and hours of operation of polling places1 and how to obtain absentee ballots2 and 7,b7 ,state-specific1 same-day1 and immediate assistance to individuals encountering problems with registering to vote or voting1 including individuals encountering intimidation or deceptive practices4 7#b7 ,hotline ,the ,attorney ,general1 in consultation with ,state election officials1 shall establish and operate a toll-free telephone service1 using a telephone number that is accessible throughout the ,united ,states and that uses easily identifiable numerals1 through which individuals throughout the ,united ,states-- 7,a7 may connect directly to the ,state-based response system described in paragraph 7#a7 with respect to the ,state involved2 7,b7 may obtain information on voting in elections for ,federal office1 including information on how to register to vote in such elections1 the locations and hours of operation of polling places1 and how to obtain absentee ballots2 and 7,c7 may report information to the ,attorney ,general on problems encountered in registering to vote or voting1 including incidences of voter intimidation or suppression4 7#c7 ,collaboration with ,state and local election officials 7,a7 ,collection of information from states ,the ,attorney ,general shall coordinate the collection of information on ,state and local election laws and policies1 including information on the statewide computerized voter registration lists maintained under title ,,iii of the ,help ,america ,vote ,act of #bjjb1 so that individuals who contact the free telephone service established under paragraph 7#b7 on the date of an election for ,federal office may receive an immediate response on that day4 7,b7 ,forwarding questions and complaints to ,states ,if an individual contacts the free telephone service established under paragraph 7#b7 on the date of an election for ,federal office with a question or complaint with respect to a particular ,state or jurisdiction within a ,state1 the ,attorney ,general shall forward the question or complaint immediately to the appropriate election official of the ,state or jurisdiction so that the official may answer the question or remedy the complaint on that date4 7#d7 ,consultation requirements for development of systems and services ,the ,attorney ,general shall ensure that the ,state-based response system under paragraph 7#a7 and the free telephone service under paragraph 7#b7 are each developed in consultation with civil rights organizations1 voting rights groups1 ,state and local election officials1 voter protection groups1 and other interested community organizations1 especially those that have experience in the operation of similar systems and services4 7b7 ,use of service by individuals with disabilities and individuals with limited ,english language proficiency ,the ,attorney ,general shall design and operate the telephone service established under this section in a manner that ensures that individuals with disabilities are fully able to use the service1 and that assistance is provided in any language in which the ,state 7or any jurisdiction in the ,state7 is required to provide election materials under section #bjc of the ,voting ,rights ,act of #aife4 7c7 ,voter ,hotline ,task ,force 7#a7 ,appointment by attorney general ,the ,attorney ,general shall appoint individuals 7in such number as the ,attorney ,general considers appropriate but in no event fewer than #c7 to serve on a ,voter ,hotline ,task ,force to provide ongoing analysis and assessment of the operation of the telephone service established under this section1 and shall give special consideration in making appointments to the ,task ,force to individuals who represent civil rights organizations4 ,at least one member of the ,task ,force shall be a representative of an organization promoting voting rights or civil rights which has experience in the operation of similar telephone services or in protecting the rights of individuals to vote1 especially individuals who are members of racial1 ethnic1 or linguistic minorities or of communities who have been adversely affected by efforts to suppress voting rights4 7#b7 ,eligibility ,an individual shall be eligible to serve on the ,task ,force under this subsection if the individual meets such criteria as the ,attorney ,general may establish1 except that an individual may not serve on the ,task ,force if the individual has been convicted of any criminal offense relating to voter intimidation or voter suppression4 7#c7 ,term of service ,an individual appointed to the ,task ,force shall serve a single term of #b years1 except that the initial terms of the members first appointed to the ,task ,force shall be staggered so that there are at least #c individuals serving on the ,task ,force during each year4 ,a vacancy in the membership of the ,task ,force shall be filled in the same manner as the original appointment4 7#d7 ,no compensation for service ,members of the ,task ,force shall serve without pay1 but shall receive travel expenses1 including per diem in lieu of subsistence1 in accordance with applicable provisions under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code4 7d7 ,bi-,annual report to ,congress ,not later than ,march #a of each odd-numbered year1 the ,attorney ,general shall submit a report to ,congress on the operation of the telephone service established under this section during the previous #b years1 and shall include in the report-- 7#a7 an enumeration of the number and type of calls that were received by the service2 7#b7 a compilation and description of the reports made to the service by individuals citing instances of voter intimidation or suppression2 7#c7 an assessment of the effectiveness of the service in making information available to all households in the ,united ,states with telephone service2 7#d7 any recommendations developed by the ,task ,force established under subsection 7c7 with respect to how voting systems may be maintained or upgraded to better accommodate voters and better ensure the integrity of elections1 including but not limited to identifying how to eliminate coordinated voter suppression efforts and how to establish effective mechanisms for distributing updates on changes to voting requirements2 and 7#e7 any recommendations on best practices for the ,state-based response systems established under subsection 7a77#a74 7e7 ,authorization of appropriations 7#a7 ,authorization ,there are authorized to be appropriated to the ,attorney ,general for fiscal year #bjba and each succeeding fiscal year such sums as may be necessary to carry out this section4 7#b7 ,set-aside for outreach ,of the amounts appropriated to carry out this section for a fiscal year pursuant to the authorization under paragraph 7#a71 not less than #ae percent shall be used for outreach activities to make the public aware of the availability of the telephone service established under this section1 with an emphasis on outreach to individuals with disabilities and individuals with limited proficiency in the ,english language4 ,b ,improvements in ,operation of ,election ,assistance ,commission #ejbhb4 ,reauthorization of ,election ,assistance ,commission ,section #baj of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bjicj7 is amended-- 7#a7 by striking for each of the fiscal years #bjjc through #bjje and inserting for fiscal year #bjba and each succeeding fiscal year2 and 7#b7 by striking 7but not to exceed #aj1jjj1jjj for each such year74 #ejbhc4 ,requiring ,states to participate in post-general election surveys 7a7 ,requirement ,title ,,iii of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha et seq471 as amended by section #ejbgh7;a71 is further amended by inserting after section #cjc;,a the following new section3 #cjc;,b4 ,requiring participation in post-general election surveys 7a7 ,requirement ,each ,state shall furnish to the ,commission such information as the ,commission may request for purposes of conducting any post-election survey of the ,states with respect to the administration of a regularly scheduled general election for ,federal office4 7b7 ,effective date ,this section shall apply with respect to the regularly scheduled general election for ,federal office held in ,november #bjbb and any succeeding election4 4 7b7 ,clerical amendment ,the table of contents of such ,act1 as amended by section #ejbgh7;c71 is further amended by inserting after the item relating to section #cjc;,a the following new item3 ,sec4 #cjc;,b4 ,requiring participation in post-general election surveys4 4 #ejbhd4 ,reports by ,national ,institute of ,standards and ,technology on use of funds transferred from ,election ,assistance ,commission 7a7 ,requiring reports on use of funds as condition of receipt ,section #bca of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bjiga7 is amended by adding at the end the following new subsection3 7e7 ,report on use of funds transferred from ,commission ,to the extent that funds are transferred from the ,commission to the ,director of the ,national ,institute of ,standards and ,technology for purposes of carrying out this section during any fiscal year1 the ,director may not use such funds unless the ,director certifies at the time of transfer that the ,director will submit a report to the ,commission not later than #ij days after the end of the fiscal year detailing how the ,director used such funds during the year4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall apply with respect to fiscal year #bjbb and each succeeding fiscal year4 #ejbhe4 ,recommendations to improve operations of ,election ,assistance ,commission 7a7 ,assessment of information technology and cybersecurity ,not later than ,december #ca1 #bjba1 the ,election ,assistance ,commission shall carry out an assessment of the security and effectiveness of the ,commission's information technology systems1 including the cybersecurity of such systems4 7b7 ,improvements to administrative complaint procedures 7#a7 ,review of procedures ,the ,election ,assistance ,commission shall carry out a review of the effectiveness and efficiency of the ,state-based administrative complaint procedures established and maintained under section #djb of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #baaab7 for the investigation and resolution of allegations of violations of title ,,iii of such ,act4 7#b7 ,recommendations to streamline procedures ,not later than ,december #ca1 #bjba1 the ,commission shall submit to ,congress a report on the review carried out under paragraph 7#a71 and shall include in the report such recommendations as the ,commission considers appropriate to streamline and improve the procedures which are the subject of the review4 #ejbhf4 ,repeal of exemption of ,election ,assistance ,commission from certain government contracting requirements 7a7 ,in general ,section #bje of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bjibe7 is amended by striking subsection 7e74 7b7 ,effective date ,the amendment made by subsection 7a7 shall apply with respect to contracts entered into by the ,election ,assistance ,commission on or after the date of the enactment of this ,act4 ,c ,miscellaneous ,provisions #ejbhg4 ,application of laws to ,commonwealth of ,northern ,mariana ,islands 7a7 ,national ,voter ,registration ,act of #aiic ,section #c7d7 of the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjejb7d77 is amended by striking ,states and the ,district of ,columbia and inserting ,states1 the ,district of ,columbia1 and the ,commonwealth of the ,northern ,mariana ,islands4 7b7 ,help ,america ,vote ,act of #bjjb 7#a7 ,coverage of ,commonwealth of the ,northern ,mariana ,islands ,section #ija of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #baada7 is amended by striking and the ,united ,states ,virgin ,islands and inserting the ,united ,states ,virgin ,islands1 and the ,commonwealth of the ,northern ,mariana ,islands4 7#b7 ,conforming amendments to ,help ,america ,vote ,act of #bjjb ,such ,act is further amended as follows3 7,a7 ,the second sentence of section #bac7;a77#b7 7#eb ,u4,s4,c4 #bjidc7;a77#b77 is amended by striking and ,american ,samoa and inserting ,american ,samoa1 and the ,commonwealth of the ,northern ,mariana ,islands4 7,b7 ,section #beb7;c77#b7 7#eb ,u4,s4,c4 #bajjb7;c77#b77 is amended by striking or the ,united ,states ,virgin ,islands and inserting the ,united ,states ,virgin ,islands1 or the ,commonwealth of the ,northern ,mariana ,islands4 7#c7 ,conforming amendment relating to consultation of ,help ,america ,vote ,foundation with local election officials ,section #ijajb7;c7 of title #cf1 ,united ,states ,code1 is amended by striking and the ,united ,states ,virgin ,islands and inserting the ,united ,states ,virgin ,islands1 and the ,commonwealth of the ,northern ,mariana ,islands4 #ejbhh4 ,repeal of exemption of ,election ,assistance ,commission from certain government contracting requirements 7a7 ,in general ,section #bje of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bjibe7 is amended by striking subsection 7e74 7b7 ,effective date ,the amendment made by subsection 7a7 shall apply with respect to contracts entered into by the ,election ,assistance ,commission on or after the date of the enactment of this ,act4 #ejbhi4 ,no effect on other laws 7a7 ,in general ,except as specifically provided1 nothing in this subtitle may be construed to authorize or require conduct prohibited under any of the following laws1 or to supersede1 restrict1 or limit the application of such laws3 7#a7 ,the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcja et seq474 7#b7 ,the ,voting ,accessibility for the ,elderly and ,handicapped ,act 7#eb ,u4,s4,c4 #bjaja et seq474 7#c7 ,the ,uniformed and ,overseas ,citizens ,absentee ,voting ,act 7#eb ,u4,s4,c4 #bjcja et seq474 7#d7 ,the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjeja et seq474 7#e7 ,the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq474 7#f7 ,the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gja et seq474 7b7 ,no effect on preclearance or other requirements under ,voting ,rights ,act ,the approval by any person of a payment or grant application under this subtitle1 or any other action taken by any person under this subtitle1 shall not be considered to have any effect on requirements for preclearance under section #e of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcjd7 or any other requirements of such ,act4 #af ,severability #ejbij4 ,severability ,if any provision of this subtitle or amendment made by this subtitle1 or the application of a provision or amendment to any person or circumstance1 is held to be unconstitutional1 the remainder of this subtitle and amendments made by this subtitle1 and the application of the provisions and amendment to any person or circumstance1 shall not be affected by the holding4 ,c ,same ,day ,registration #ejcja4 ,short title ,this subtitle may be cited as the ,same ,day ,registration ,act of #bjbj4 #ejcjb4 ,same day registration 7a7 ,in general ,title ,,iii of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha et seq47 is amended-- 7#a7 by redesignating sections #cjd and #cje as sections #cje and #cjf1 respectively2 and 7#b7 by inserting after section #cjc the following new section3 #cjd4 ,same day registration 7a7 ,in general 7#a7 ,registration ,notwithstanding section #h7;a77#a77;,d7 of the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjejg7;a77#a77;,d771 each ,state shall permit any eligible individual on the day of a ,federal election and on any day when voting1 including early voting1 is permitted for a ,federal election-- 7,a7 to register to vote in such election at the polling place using a form that meets the requirements under section #i7;b7 of the ,national ,voter ,registration ,act of #aiic 7or1 if the individual is already registered to vote1 to revise any of the individual's voter registration information72 and 7,b7 to cast a vote in such election4 7#b7 ,exception ,the requirements under paragraph 7#a7 shall not apply to a ,state in which1 under a ,state law in effect continuously on and after the date of the enactment of this section1 there is no voter registration requirement for individuals in the ,state with respect to elections for ,federal office4 7b7 ,eligible individual ,for purposes of this section1 the term eligible individual means1 with respect to any election for ,federal office1 an individual who is otherwise qualified to vote in that election4 7c7 ,effective date ,each ,state shall be required to comply with the requirements of subsection 7a7 for the regularly scheduled general election for ,federal office occurring in ,november #bjbj and for any subsequent election for ,federal office4 4 7b7 ,conforming amendments 7#a7 ,section #dja of such ,act 7#eb ,u4,s4,c4 #baaaa7 is amended by striking and #cjc and inserting #cjc1 and #cjd4 7#b7 ,the table of contents of such ,act is amended-- 7,a7 by redesignating the items relating to sections #cjd and #cje as relating to sections #cje and #cjf1 respectively2 and 7,b7 by inserting after the item relating to section #cjc the following new item3 ,sec4 #cjd4 ,same day registration4 4 ,d ,equal ,access to ,support ,youth ,voting #ejdja4 ,short title ,this subtitle may be cited as the ,equal ,access to ,support ,youth ,voting ,act or the ,,easy ,voting ,act4 #ejdjb4 ,requiring states to accept student identifications for purposes of meeting voter identification requirements 7a7 ,acceptance of student identifications ,title ,,iii of the ,help ,america ,vote ,act of #bjjb 7#db ,u4,s4,c4 #aedha et seq47 is amended by inserting after section #cjc the following new section3 #cjc;,a4 ,requiring acceptance of student photo identification as current and valid photo identification 7a7 ,acceptance of student identifications ,a ,state or local election official shall accept a current and valid student photo identification issued by an institution of higher education to a student attending such institution of higher education as a current and valid photo identification for purposes of section #cjc7;b77#b7 or of any ,state or local law which requires an individual to produce a current and valid photo identification to obtain a ballot or vote in an election for ,federal office4 7b7 ,definition ,in this section1 the term institution of higher education has the meaning given such term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja71 except that such term includes a proprietary institution of higher education described in section #ajb7;b7 of such ,act 7#bj ,u4,s4,c4 #ajjb7;b774 4 7b7 ,enforcement ,section #dja of such ,act 7#db ,u4,s4,c4 #aeeaa7 is amended by striking and #cjc and inserting #cjc1 and #cjc;,a4 7c7 ,clerical amendment ,the table of contents of such ,act is amended by inserting after the item relating to section #cjc the following new item3 ,sec4 #cjc;,a4 ,requiring acceptance of student photo identification as current and valid photo identification4 4 7d7 ,effective date ,the amendments made by this section shall apply with respect to elections occurring on or after the date of the enactment of this ,act4 ,e ,restoring ,confidence in ,america's ,elections #ejeja4 ,short title ,this subtitle may be cited as the ,restoring ,confidence in ,america's ,elections ,act4 #a ,integrity of ,voting ,systems and ,ballots ,a ,promoting ,accuracy1 ,integrity1 and ,security ,through ,voter-,verified ,permanent ,paper ,ballot #ejeaja4 ,moratorium on acquisition of certain direct recording electronic voting systems and certain other voting systems ,section #cja of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha7 is amended-- 7#a7 by redesignating subsections 7c7 and 7d7 as subsections 7d7 and 7e72 and 7#b7 by inserting after subsection 7b7 the following new subsection3 7c7 ,moratorium on acquisition of certain direct recording electronic voting systems and certain other voting systems ,beginning on the date of the enactment of the ,restoring ,confidence in ,america's ,elections ,act1 no ,state or jurisdiction may purchase or otherwise acquire for use in an election for ,federal office a direct recording electronic voting system or other electronic voting system that does not produce a voter-verified paper record as required by section #cja7;a77#b7 7as amended by such ,act74 4 #ejeajb4 ,paper ballot and manual counting requirements 7a7 ,in general ,section #cja7;a77#b7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha7;a77#b77 is amended to read as follows3 7#b7 ,paper ballot requirement 7,a7 ,voter-verified paper ballots 7i7 ,paper ballot requirement 7,i7 ,the voting system shall require the use of an individual1 durable1 voter-verified1 paper ballot of the voter's vote that shall be marked and made available for inspection and verification by the voter before the voter's vote is cast and counted1 and which shall be counted by hand or read by an optical character recognition device or other counting device4 ,for purposes of this subclause1 the term individual1 durable1 voter-verified1 paper ballot means a paper ballot marked by the voter by hand or a paper ballot marked through the use of a nontabulating ballot marking device or system1 so long as the voter shall have the option to mark his or her ballot by hand4 7,,ii7 ,the voting system shall provide the voter with an opportunity to correct any error on the paper ballot before the permanent voter-verified paper ballot is preserved in accordance with clause 7ii74 7,,iii7 ,the voting system shall not preserve the voter-verified paper ballots in any manner that makes it possible1 at any time after the ballot has been cast1 to associate a voter with the record of the voter's vote without the voter's consent4 7ii7 ,preservation as official record ,the individual1 durable1 voter-verified1 paper ballot used in accordance with clause 7i7 shall constitute the official ballot and shall be preserved and used as the official ballot for purposes of any recount or audit conducted with respect to any election for ,federal office in which the voting system is used4 7iii7 ,manual counting requirements for recounts and audits 7,i7 ,each paper ballot used pursuant to clause 7i7 shall be suitable for a manual audit1 and shall be counted by hand in any recount or audit conducted with respect to any election for ,federal office4 7,,ii7 ,in the event of any inconsistencies or irregularities between any electronic vote tallies and the vote tallies determined by counting by hand the individual1 durable1 voter-verified1 paper ballots used pursuant to clause 7i71 and subject to subparagraph 7,b71 the individual1 durable1 voter-verified1 paper ballots shall be the true and correct record of the votes cast4 7iv7 ,application to all ballots ,the requirements of this subparagraph shall apply to all ballots cast in elections for ,federal office1 including ballots cast by absent uniformed services voters and overseas voters under the ,uniformed and ,overseas ,citizens ,absentee ,voting ,act and other absentee voters4 7,b7 ,special rule for treatment of disputes when paper ballots have been shown to be compromised 7i7 ,in general ,in the event that-- 7,i7 there is any inconsistency between any electronic vote tallies and the vote tallies determined by counting by hand the individual1 durable1 voter-verified1 paper ballots used pursuant to subparagraph 7,a77i7 with respect to any election for ,federal office2 and 7,,ii7 it is demonstrated by clear and convincing evidence 7as determined in accordance with the applicable standards in the jurisdiction involved7 in any recount1 audit1 or contest of the result of the election that the paper ballots have been compromised 7by damage or mischief or otherwise7 and that a sufficient number of the ballots have been so compromised that the result of the election could be changed1 the determination of the appropriate remedy with respect to the election shall be made in accordance with applicable ,state law1 except that the electronic tally shall not be used as the exclusive basis for determining the official certified result4 7ii7 ,rule for consideration of ballots associated with each voting machine ,for purposes of clause 7i71 only the paper ballots deemed compromised1 if any1 shall be considered in the calculation of whether or not the result of the election could be changed due to the compromised paper ballots4 4 7b7 ,conforming amendment clarifying applicability of alternative language accessibility ,section #cja7;a77#d7 of such ,act 7#eb ,u4,s4,c4 #bajha7;a77#d77 is amended by inserting 7including the paper ballots required to be used under paragraph 7#b77 after voting system4 7c7 ,other conforming amendments ,section #cja7;a77#a7 of such ,act 7#eb ,u4,s4,c4 #bajha7;a77#a77 is amended-- 7#a7 in subparagraph 7,a77i71 by striking counted and inserting counted1 in accordance with paragraphs 7#b7 and 7#c72 7#b7 in subparagraph 7,a77ii71 by striking counted and inserting counted1 in accordance with paragraphs 7#b7 and 7#c72 7#c7 in subparagraph 7,a77iii71 by striking counted each place it appears and inserting counted1 in accordance with paragraphs 7#b7 and 7#c72 and 7#d7 in subparagraph 7,b77ii71 by striking counted and inserting counted1 in accordance with paragraphs 7#b7 and 7#c74 #ejeajc4 ,accessibility and ballot verification for individuals with disabilities 7a7 ,in general ,section #cja7;a77#c77;,b7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha7;a77#c77;,b77 is amended to read as follows3 7,b7 7i7 satisfy the requirement of subparagraph 7,a7 through the use of at least one voting system equipped for individuals with disabilities1 including nonvisual and enhanced visual accessibility for the blind and visually impaired1 and nonmanual and enhanced manual accessibility for the mobility and dexterity impaired1 at each polling place2 and 7ii7 meet the requirements of subparagraph 7,a7 and paragraph 7#b77;,a7 by using a system that-- 7,i7 allows the voter to privately and independently verify the permanent paper ballot through the presentation1 in accessible form1 of the printed or marked vote selections from the same printed or marked information that would be used for any vote counting or auditing2 and 7,,ii7 allows the voter to privately and independently verify and cast the permanent paper ballot without requiring the voter to manually handle the paper ballot2 and 4 7b7 ,specific requirement of study1 testing1 and development of accessible paper ballot verification mechanisms 7#a7 ,study and reporting ,subtitle ,c of title ,,ii of such ,act 7#eb ,u4,s4,c4 #bajha et seq47 is amended-- 7,a7 by redesignating section #bdg as section #bdh2 and 7,b7 by inserting after section #bdf the following new section3 #bdg4 ,study and report on accessible paper ballot verification mechanisms 7a7 ,study and ,report ,the ,director of the ,national ,science ,foundation shall make grants to not fewer than #c eligible entities to study1 test1 and develop accessible paper ballot voting1 verification1 and casting mechanisms and devices and best practices to enhance the accessibility of paper ballot voting and verification mechanisms for individuals with disabilities1 for voters whose primary language is not ,english1 and for voters with difficulties in literacy1 including best practices for the mechanisms themselves and the processes through which the mechanisms are used4 7b7 ,eligibility ,an entity is eligible to receive a grant under this part if it submits to the ,director 7at such time and in such form as the ,director may require7 an application containing-- 7#a7 certifications that the entity shall specifically investigate enhanced methods or devices1 including nonelectronic devices1 that will assist such individuals and voters in marking voter-verified paper ballots and presenting or transmitting the information printed or marked on such ballots back to such individuals and voters1 and casting such ballots2 7#b7 a certification that the entity shall complete the activities carried out with the grant not later than ,december #ca1 #bjba2 and 7#c7 such other information and certifications as the ,director may require4 7c7 ,availability of ,technology ,any technology developed with the grants made under this section shall be treated as nonproprietary and shall be made available to the public1 including to manufacturers of voting systems4 7d7 ,coordination ,with ,grants for ,technology ,improvements ,the ,director shall carry out this section so that the activities carried out with the grants made under subsection 7a7 are coordinated with the research conducted under the grant program carried out by the ,commission under section #bga1 to the extent that the ,director and ,commission determine necessary to provide for the advancement of accessible voting technology4 7e7 ,authorization of ,appropriations ,there is authorized to be appropriated to carry out subsection 7a7 #e1jjj1jjj1 to remain available until expended4 4 7#b7 ,clerical amendment ,the table of contents of such ,act is amended-- 7,a7 by redesignating the item relating to section #bdg as relating to section #bdh2 and 7,b7 by inserting after the item relating to section #bdf the following new item3 ,sec4 #bdg4 ,study and report on accessible paper ballot verification mechanisms4 4 7c7 ,clarification of accessibility standards under voluntary voting system guidance ,in adopting any voluntary guidance under subtitle ,b of title ,,iii of the ,help ,america ,vote ,act of #bjjb with respect to the accessibility of the paper ballot verification requirements for individuals with disabilities1 the ,election ,assistance ,commission shall include and apply the same accessibility standards applicable under the voluntary guidance adopted for accessible voting systems under such subtitle4 7d7 ,permitting ,use of ,funds for ,protection and ,advocacy ,systems ,to ,support ,actions ,to ,enforce ,election-,related ,disability ,access ,section #bib7;a7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajfb7;a77 is amended by striking 2 except that and all that follows and inserting a period4 ,b ,additional ,voting ,system ,requirements #ejeaaa4 ,additional voting system requirements 7a7 ,requirements described ,section #cja7;a7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha7;a77 is amended by adding at the end the following new paragraphs3 7#g7 ,requiring availability of paper ballots in case of emergency 7,a7 ,in general ,in the event of a failure of voting equipment or other circumstance at a polling place in an election for ,federal office that causes an unreasonable delay1 the appropriate election official at the polling place shall-- 7i7 immediately advise any individual who is waiting at the polling place to cast a ballot in the election at the time of the failure that the individual has the right to use an emergency paper ballot2 and 7ii7 upon the individual's request1 provide the individual with an emergency paper ballot for the election and the supplies necessary to mark the ballot4 7,b7 ,treatment of ballots ,any paper ballot which is cast by an individual under this clause shall be counted and otherwise treated as a regular ballot for all purposes 7including by incorporating it into the final unofficial vote count 7as defined by the ,state7 for the precinct7 and not as a provisional ballot1 unless the individual casting the ballot would have otherwise been required to cast a provisional ballot4 7#h7 ,prohibiting use of uncertified election-dedicated voting system technologies2 disclosure requirements 7,a7 ,in general ,a voting system used in an election for ,federal office in a ,state may not at any time during the election contain or use any election-dedicated voting system technology-- 7i7 which has not been certified by the ,state for use in the election2 and 7ii7 which has not been deposited with an accredited laboratory described in section #bca to be held in escrow and disclosed in accordance with this section4 7,b7 ,requirement for disclosure and limitation on restricting disclosure ,an accredited laboratory under section #bca with whom an election-dedicated voting system technology has been deposited shall-- 7i7 hold the technology in escrow2 and 7ii7 disclose technology and information regarding the technology to another person if-- 7,i7 the person is a qualified person described in subparagraph 7,c7 who has entered into a nondisclosure agreement with respect to the technology which meets the requirements of subparagraph 7,d72 or 7,,ii7 the laboratory is permitted or required to disclose the technology to the person under ,state law1 in accordance with the terms and conditions applicable under such law4 7,c7 ,qualified persons described ,with respect to the disclosure of election-dedicated voting system technology by a laboratory under subparagraph 7,b77ii77,i71 a qualified person is any of the following3 7i7 ,a governmental entity with responsibility for the administration of voting and election-related matters for purposes of reviewing1 analyzing1 or reporting on the technology4 7ii7 ,a party to pre- or postelection litigation challenging the result of an election or the administration or use of the technology used in an election1 including but not limited to election contests or challenges to the certification of the technology1 or an expert for a party to such litigation1 for purposes of reviewing or analyzing the technology to support or oppose the litigation1 and all parties to the litigation shall have access to the technology for such purposes4 7iii7 ,a person not described in clause 7i7 or 7ii7 who reviews1 analyzes1 or reports on the technology solely for an academic1 scientific1 technological1 or other investigation or inquiry concerning the accuracy or integrity of the technology4 7,d7 ,requirements for nondisclosure agreements ,a nondisclosure agreement entered into with respect to an election-dedicated voting system technology meets the requirements of this subparagraph if the agreement-- 7i7 is limited in scope to coverage of the technology disclosed under subparagraph 7,b7 and any trade secrets and intellectual property rights related thereto2 7ii7 does not prohibit a signatory from entering into other nondisclosure agreements to review other technologies under this paragraph2 7iii7 exempts from coverage any information the signatory lawfully obtained from another source or any information in the public domain2 7iv7 remains in effect for not longer than the life of any trade secret or other intellectual property right related thereto2 7v7 prohibits the use of injunctions barring a signatory from carrying out any activity authorized under subparagraph 7,c71 including injunctions limited to the period prior to a trial involving the technology2 7vi7 is silent as to damages awarded for breach of the agreement1 other than a reference to damages available under applicable law2 7vii7 allows disclosure of evidence of crime1 including in response to a subpoena or warrant2 7viii7 allows the signatory to perform analyses on the technology 7including by executing the technology71 disclose reports and analyses that describe operational issues pertaining to the technology 7including vulnerabilities to tampering1 errors1 risks associated with use1 failures as a result of use1 and other problems71 and describe or explain why or how a voting system failed or otherwise did not perform as intended2 and 7ix7 provides that the agreement shall be governed by the trade secret laws of the applicable ,state4 7,e7 ,election-dedicated voting system technology defined ,for purposes of this paragraph3 7i7 ,in general ,the term election-dedicated voting system technology means the following3 7,i7 ,the source code used for the trusted build and its file signatures4 7,,ii7 ,a complete disk image of the prebuild1 build environment1 and any file signatures to validate that it is unmodified4 7,,iii7 ,a complete disk image of the postbuild1 build environment1 and any file signatures to validate that it is unmodified4 7,,iv7 ,all executable code produced by the trusted build and any file signatures to validate that it is unmodified4 7,v7 ,installation devices and software file signatures4 7ii7 ,exclusion ,such term does not include commercial-off-the-shelf software and hardware defined under the #bjae voluntary voting system guidelines adopted by the ,commission under section #bbb4 7#i7 ,prohibition of use of wireless communications devices in systems or devices ,no system or device upon which ballots are marked or votes are cast or tabulated shall contain1 use1 or be accessible by any wireless1 powerline1 or concealed communication device1 except that enclosed infrared communications devices which are certified for use in such device by the ,state and which cannot be used for any remote or wide area communications or used without the knowledge of poll workers shall be permitted4 7#aj7 ,prohibiting connection of system to the internet 7,a7 ,in general ,no system or device upon which ballots are programmed or votes are cast or tabulated shall be connected to the ,internet at any time4 7,b7 ,prohibiting acceptance of ballots transmitted online ,the voting system may not accept any voted ballot which is transmitted to an election official online4 7,c7 ,rule of construction ,nothing contained in this paragraph shall be deemed to prohibit the ,commission from conducting the studies under section #bdb or to conduct other similar studies under any other provision of law in a manner consistent with this paragraph4 7#aa7 ,security standards for voting systems used in ,federal elections 7,a7 ,in general ,no voting system may be used in an election for ,federal office unless the manufacturer of such system and the election officials using such system meet the applicable requirements described in subparagraph 7,b74 7,b7 ,requirements described ,the requirements described in this subparagraph are as follows3 7i7 ,the manufacturer and the election officials shall document the secure chain of custody for the handling of all software1 hardware1 vote storage media1 blank ballots1 and completed ballots used in connection with voting systems1 and shall make the information available upon request to the ,commission4 7ii7 ,the manufacturer shall disclose to an accredited laboratory under section #bca and to the appropriate election official any information required to be disclosed under paragraph 7#h74 7iii7 ,after the appropriate election official has certified the election-dedicated and other voting system software for use in an election1 the manufacturer may not-- 7,i7 alter such software2 or 7,,ii7 insert or use in the voting system any software1 software patch1 or other software modification not certified by the ,state for use in the election4 7iv7 ,at the request of the ,commission-- 7,i7 the appropriate election official shall submit information to the ,commission regarding the ,state's compliance with this subparagraph2 and 7,,ii7 the manufacturer shall submit information to the ,commission regarding the manufacturer's compliance with this subparagraph4 7,c7 ,development and publication of best practices of secure chain of custody ,not later than ,august #a1 #bjba1 the ,commission shall develop and make publicly available best practices regarding the requirement of subparagraphs 7,b77i7 and 7,b77iii71 and in the case of subparagraph 7,b77iii71 shall include best practices for certifying software patches and minor software modifications under short deadlines4 7,d7 ,disclosure of secure chain of custody ,the ,commission shall make information provided to the ,commission under subparagraph 7,b77i7 available to any person upon request4 7#ab7 ,durability and readability requirements for ballots 7,a7 ,durability requirements for paper ballots 7i7 ,in general ,all voter-verified paper ballots required to be used under this ,act shall be marked or printed on durable paper4 7ii7 ,definition ,for purposes of this ,act1 paper is durable if it is capable of withstanding multiple counts and recounts by hand without compromising the fundamental integrity of the ballots1 and capable of retaining the information marked or printed on them for the full duration of a retention and preservation period of #bb months4 7,b7 ,readability requirements for paper ballots marked by ballot marking device ,all voter-verified paper ballots completed by the voter through the use of a ballot marking device shall be clearly readable by the voter without assistance 7other than eyeglasses or other personal vision-enhancing devices7 and by an optical character recognition device or other device equipped for individuals with disabilities4 7#ac7 ,requirements for publication of poll tapes 7,a7 ,requirements ,each ,state shall meet the following requirements3 7i7 ,upon the closing of the polls at each polling place1 the appropriate election official1 under the observation of the certified tabulation observers admitted to the polling place under subparagraph 7,e7 7if any71 shall announce the vote orally1 post a copy of the poll tape reflecting the totals from each voting machine upon which votes were cast in the election at the polling place1 and prepare and post a statement of the total number of individuals who appeared at the polling place to cast ballots1 determined by reference to the number of signatures in a sign-in book or other similar independent count4 ,such officials shall ensure that each of the certified tabulation observers admitted to the polling place has full access to observe the process by which the poll tapes and statement are produced and a reasonable period of time to review the poll tapes and statement before the polling place is closed1 and 7if feasible7 shall provide such observers with identical duplicate copies of the poll tapes and statement4 7ii7 ,as soon as practicable1 but in no event later than noon of the day following the date of the election1 the appropriate election official shall display 7at a prominent location accessible to the public during regular business hours and in or within reasonable proximity to the polling place7 a copy of each poll tape and statement prepared under clause 7i71 and the information shall be displayed on the official public ,web sites of the applicable local election official and chief ,state election official1 together with the name of the designated voting official who entered the information and the date and time the information was entered4 7iii7 ,each ,web site on which information is posted under clause 7ii7 shall include information on the procedures by which discrepancies shall be reported to election officials4 ,if any discrepancy exists between the posted information and the relevant poll tape or statement1 the appropriate election official shall display information on the discrepancy on the ,web site on which the information is posted under clause 7ii7 not later than #bd hours after the official is made aware of the discrepancy1 and shall maintain the information on the discrepancy and its resolution 7if applicable7 on such website during the entire period for which results of the election are typically maintained on such ,web site4 7iv7 ,the appropriate election official shall preserve archived copies of the poll tapes and statements prepared under clause 7i7 and reports of discrepancies filed by certified tabulation observers for the period of time during which records and papers are required to be retained and preserved pursuant to title ,,iii of the ,civil ,rights ,act of #aifj 7#db ,u4,s4,c4 #aigd et seq47 or for the same duration for which archived copies of other records of the election are required to be preserved under applicable ,state law1 whichever is longer4 7,b7 ,treatment of ballots cast at early voting sites 7i7 ,application ,the requirements of this subparagraph shall apply with respect to poll tapes and statements of the number of voters who voted in person at designated sites prior to the date of the election4 7ii7 ,daily count of voters ,at the close of business on each day on which ballots described in clause 7i7 may be cast prior to the date of the election1 the appropriate election official at each such site shall-- 7,i7 under the observation of certified tabulation observers admitted to the site under subparagraph 7,e7 7if any71 prepare and post a statement of the total number of individuals who appeared at the site to cast ballots1 determined by reference to the number of signatures in a sign-in book or other similar independent count1 and the total number of ballots cast 7excluding information on the votes received by individual candidates71 and shall ensure that each of the certified tabulation observers admitted to the site has full access to observe the process by which the statement is produced and a reasonable period of time to review the statement before the site is closed2 and 7,,ii7 display at the site during regular business hours for the duration of the early voting period a paper copy of the statement prepared under subclause 7,i74 7iii7 ,application of general requirements for poll tapes and statements ,upon the closing of the polls on the date of the election1 the appropriate election official at each designated site described in this subparagraph shall meet the requirements of subparagraph 7,a7 7including requirements relating to the role of certified tabulation observers7 in the same manner as an election official at a polling place4 7,c7 ,treatment of absentee ballots 7i7 ,daily count of ballots mailed and received ,at the close of each business day on which a ,state mails or accepts absentee ballots cast in an election for ,federal office prior to the date of the election1 the appropriate election official shall-- 7,i7 under the observation of certified tabulation observers admitted under subparagraph 7,e7 to the site at which the ballots are mailed and received 7if any71 prepare and post a statement of the total number of absentee ballots mailed and received by the official during that day and a separate count of the number of absentee ballots received but rejected 7separated into categories of the reasons for rejection71 and ensure that each of the certified tabulation observers admitted to the site has full access to observe the process by which the statement is produced and a reasonable period of time to review the statement before the site is closed2 and 7,,ii7 display at the site during regular business hours for the duration of the period during which absentee ballots are processed a paper copy of the statement prepared under subclause 7,i74 7ii7 ,application of general requirements for poll tapes and statements ,at the close of business on the last day on which absentee ballots are counted prior to the certification of the election1 the appropriate election official at the site at which absentee ballots are received and counted shall meet the requirements of subparagraph 7,a7 7including requirements relating to the role of certified tabulation observers7 in the same manner as an election official at a polling place4 7,d7 ,daily count of provisional ballots ,at the close of business on the day on which the appropriate election official determines whether or not provisional ballots cast in an election for ,federal office will be counted as votes in the election 7as described in section #cjb7;a77#d771 the official shall-- 7i7 under the observation of certified tabulation observers admitted under subparagraph 7,e7 to the site at which the determination is made 7if any71 prepare and post a statement of the number of such ballots for which a determination was made1 the number of ballots counted1 and the number of ballots rejected 7separated into categories of the reason for the rejection71 and ensure that each of the certified tabulation observers admitted to the site has full access to observe the process by which the statement is produced and a reasonable period of time to review the statement before the site is closed2 and 7ii7 display at the site during regular business hours for the duration of the period during which provisional ballots are processed a paper copy of the statement prepared under clause 7i74 7,e7 ,admission of certified tabulation observers 7i7 ,certified tabulation observer defined ,in this paragraph1 a certified tabulation observer is an individual who is certified by an appropriate election official as authorized to carry out the responsibilities of a certified tabulation observer under this paragraph4 7ii7 ,selection ,in determining which individuals to certify as tabulation observers and admit to a polling place or other location to serve as certified tabulation observers with respect to an election for ,federal office1 the election official shall give preference to individuals who are affiliated with a candidate in the election1 except that-- 7,i7 the number of individuals admitted who are affiliated with the same candidate for ,federal office may not exceed one2 and 7,,ii7 the maximum number of individuals who may be admitted shall equal the number of candidates in the election plus #c1 or such greater number as may be authorized under ,state law4 7iii7 ,no effect on admission of other observers ,nothing in this subparagraph may be construed to limit or otherwise affect the authority of other individuals to enter and observe polling place operations under any other law1 including international observers authorized under any treaty or observers of the ,federal ,government authorized under the ,voting ,rights ,act of #aife4 7,f7 ,no effect on other tabulation requirements ,nothing in this ,act may be construed to supersede any requirement that an election official at a polling place report vote totals to a central tabulation facility and address discrepancies the official finds in the aggregation of those totals with other vote totals4 4 7b7 ,requiring laboratories ,to meet standards prohibiting conflicts of interest as condition of accreditation for testing of voting system hardware and software 7#a7 ,in general ,section #bca7;b7 of such ,act 7#eb ,u4,s4,c4 #bjiga7;b77 is amended by adding at the end the following new paragraphs3 7#c7 ,prohibiting conflicts of interest2 ensuring availability of results 7,a7 ,in general ,a laboratory may not be accredited by the ,commission for purposes of this section unless-- 7i7 the laboratory certifies that the only compensation it receives for the testing carried out in connection with the certification1 decertification1 and recertification of the manufacturer's voting system hardware and software is the payment made from the ,testing ,escrow ,account under paragraph 7#d72 7ii7 the laboratory meets such standards as the ,commission shall establish 7after notice and opportunity for public comment7 to prevent the existence or appearance of any conflict of interest in the testing carried out by the laboratory under this section1 including standards to ensure that the laboratory does not have a financial interest in the manufacture1 sale1 and distribution of voting system hardware and software1 and is sufficiently independent from other persons with such an interest2 7iii7 the laboratory certifies that it will permit an expert designated by the ,commission or by the ,state requiring certification of the system being tested to observe any testing the laboratory carries out under this section2 and 7iv7 the laboratory1 upon completion of any testing carried out under this section1 discloses the test protocols1 results1 and all communication between the laboratory and the manufacturer to the ,commission4 7,b7 ,availability of results ,upon receipt of information under subparagraph 7,a71 the ,commission shall make the information available promptly to election officials and the public4 7#d7 ,procedures for conducting testing2 payment of user fees for compensation of accredited laboratories 7,a7 ,establishment of escrow account ,the ,commission shall establish an escrow account 7to be known as the ,testing ,escrow ,account7 for making payments to accredited laboratories for the costs of the testing carried out in connection with the certification1 decertification1 and recertification of voting system hardware and software4 7,b7 ,schedule of fees ,in consultation with the accredited laboratories1 the ,commission shall establish and regularly update a schedule of fees for the testing carried out in connection with the certification1 decertification1 and recertification of voting system hardware and software1 based on the reasonable costs expected to be incurred by the accredited laboratories in carrying out the testing for various types of hardware and software4 7,c7 ,requests and payments by manufacturers ,a manufacturer of voting system hardware and software may not have the hardware or software tested by an accredited laboratory under this section unless-- 7i7 the manufacturer submits a detailed request for the testing to the ,commission2 and 7ii7 the manufacturer pays to the ,commission1 for deposit into the ,testing ,escrow ,account established under subparagraph 7,a71 the applicable fee under the schedule established and in effect under subparagraph 7,b74 7,d7 ,selection of laboratory ,upon receiving a request for testing and the payment from a manufacturer required under subparagraph 7,c71 the ,commission shall select1 from all laboratories which are accredited under this section to carry out the specific testing requested by the manufacturer1 an accredited laboratory to carry out the testing4 7,e7 ,payments to laboratories ,upon receiving a certification from a laboratory selected to carry out testing pursuant to subparagraph 7,d7 that the testing is completed1 along with a copy of the results of the test as required under paragraph 7#c77;,a77iv71 the ,commission shall make a payment to the laboratory from the ,testing ,escrow ,account established under subparagraph 7,a7 in an amount equal to the applicable fee paid by the manufacturer under subparagraph 7,c77ii74 7#e7 ,dissemination of additional information on accredited laboratories 7,a7 ,information on testing ,upon completion of the testing of a voting system under this section1 the ,commission shall promptly disseminate to the public the identification of the laboratory which carried out the testing4 7,b7 ,information on status of laboratories ,the ,commission shall promptly notify ,congress1 the chief ,state election official of each ,state1 and the public whenever-- 7i7 the ,commission revokes1 terminates1 or suspends the accreditation of a laboratory under this section2 7ii7 the ,commission restores the accreditation of a laboratory under this section which has been revoked1 terminated1 or suspended2 or 7iii7 the ,commission has credible evidence of significant security failure at an accredited laboratory4 4 7#b7 ,conforming amendments ,section #bca of such ,act 7#eb ,u4,s4,c4 #bjiga7 is further amended-- 7,a7 in subsection 7a77#a71 by striking testing1 certification1 and all that follows and inserting the following3 testing of voting system hardware and software by accredited laboratories in connection with the certification1 decertification1 and recertification of the hardware and software for purposes of this ,act42 7,b7 in subsection 7a77#b71 by striking testing1 certification1 and all that follows and inserting the following3 testing of its voting system hardware and software by the laboratories accredited by the ,commission under this section in connection with certifying1 decertifying1 and recertifying the hardware and software42 7,c7 in subsection 7b77#a71 by striking testing1 certification1 decertification1 and recertification and inserting testing2 and 7,d7 in subsection 7d71 by striking testing1 certification1 decertification1 and recertification each place it appears and inserting testing4 7#c7 ,deadline for establishment of standards1 escrow account1 and schedule of fees ,the ,election ,assistance ,commission shall establish the standards described in section #bca7;b77#c7 of the ,help ,america ,vote ,act of #bjjb and the ,testing ,escrow ,account and schedule of fees described in section #bca7;b77#d7 of such ,act 7as added by paragraph 7#a77 not later than ,january #a1 #bjba4 7#d7 ,authorization of appropriations ,there are authorized to be appropriated to the ,election ,assistance ,commission such sums as may be necessary to carry out the ,commission's duties under paragraphs 7#c7 and 7#d7 of section #bca of the ,help ,america ,vote ,act of #bjjb 7as added by paragraph 7#a774 7c7 ,grants for research on development of election-,dedicated voting system software 7#a7 ,in general ,subtitle ,d of title ,,ii of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajja et seq47 is amended by adding at the end the following new part3 #g ,grants for ,research on ,development of ,election-,dedicated ,voting ,system ,software #big4 ,grants for research on development of election-dedicated voting system software 7a7 ,in ,general ,the ,director of the ,national ,science ,foundation 7hereafter in this part referred to as the ,director7 shall make grants to not fewer than #c eligible entities to conduct research on the development of election-dedicated voting system software4 7b7 ,eligibility ,an entity is eligible to receive a grant under this part if it submits to the ,director 7at such time and in such form as the ,director may require7 an application containing-- 7#a7 certifications regarding the benefits of operating voting systems on election-dedicated software which is easily understandable and which is written exclusively for the purpose of conducting elections2 7#b7 certifications that the entity will use the funds provided under the grant to carry out research on how to develop voting systems that run on election-dedicated software and that will meet the applicable requirements for voting systems under title ,,iii2 and 7#c7 such other information and certifications as the ,director may require4 7c7 ,availability of ,technology ,any technology developed with the grants made under this section shall be treated as nonproprietary and shall be made available to the public1 including to manufacturers of voting systems4 7d7 ,authorization of ,appropriations ,there is authorized to be appropriated for grants under this section #a1ejj1jjj for each of fiscal years #bjbj and #bjba1 to remain available until expended4 4 7#b7 ,clerical amendment ,the table of contents of such ,act is amended by adding at the end of the items relating to subtitle ,d of title ,,ii the following3 ,part #g--;,grants for research on development of election-,dedicated voting system software ,sec4 #big4 ,grants for research on development of election-dedicated voting system software4 4 ,c ,funding #ejeaba4 ,availability of additional funding to enable ,states to meet costs of revised requirements 7a7 ,extension of requirements payments for meeting revised requirements ,section #beg7;a7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajjg7;a77 is amended by adding at the end the following new paragraph3 7#e7 ,for each of the fiscal years #bjbj and #bjba1 #fjj1jjj1jjj1 except that any funds provided under the authorization made by this paragraph shall be used by a ,state only to meet the requirements of title ,,iii which are first imposed on the ,state pursuant to the amendments made by title ,i of the ,restoring ,confidence in ,america's ,elections ,act1 or to otherwise modify or replace its voting systems in response to such amendments4 4 7b7 ,use of revised formula for allocation of funds ,section #beb7;b7 of such ,act 7#eb ,u4,s4,c4 #bajjb7;b77 is amended to read as follows3 7b7 ,state ,allocation ,percentage ,defined 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,state allocation percentage for a ,state is the amount 7expressed as a percentage7 equal to the quotient of-- 7,a7 the voting age population of the ,state 7as reported in the most recent decennial census72 and 7,b7 the total voting age population of all ,states 7as reported in the most recent decennial census74 7#b7 ,special rule for payments used to meet requirements imposed under ,restoring ,confidence in ,america's ,elections ,act 7,a7 ,in general ,in the case of the requirements payment made to a ,state under the authorization made by section #beg7;a77#e7 for fiscal year #bjbj or #bjba1 the ,state allocation percentage for a ,state is the amount 7expressed as a percentage7 equal to the quotient of-- 7i7 the sum of the number of noncompliant precincts in the ,state and #ej percent of the number of partially noncompliant precincts in the ,state2 and 7ii7 the sum of the number of noncompliant precincts in all ,states and #ej percent of the number of partially noncompliant precincts in all ,states4 7,b7 ,noncompliant precinct defined ,in this paragraph1 a noncompliant precinct means any precinct 7or equivalent location7 within a ,state for which the voting system used to administer the regularly scheduled general election for ,federal office held in ,november #bjbj did not meet either of the requirements described in subparagraph 7,d74 7,c7 ,partially noncompliant precinct defined ,in this paragraph1 a partially noncompliant precinct means any precinct 7or equivalent location7 within a ,state for which the voting system used to administer the regularly scheduled general election for ,federal office held in ,november #bjbj met only one of the requirements described in subparagraph 7,d74 7,d7 ,requirements described ,the requirements described in this subparagraph with respect to a voting system are as follows3 7i7 ,the primary voting system required the use of durable paper ballots 7as described in sections #cja7;a77#b77;,a77i77,i7 and #cja7;a77#ab77;,a71 as amended or added by the ,restoring ,confidence in ,america's ,elections ,act7 for every vote cast4 7ii7 ,the voting system allowed the voter to privately and independently verify the permanent paper ballot through the presentation of the same printed or marked information used for vote counting and auditing and to privately and independently cast the permanent paper ballot without handling the ballot manually4 4 7c7 ,revised conditions for receipt of funds ,section #bec of such ,act 7#eb ,u4,s4,c4 #bajjc7 is amended-- 7#a7 in subsection 7a71 by striking ,a ,state is eligible and inserting ,except as provided in subsection 7f71 a ,state is eligible2 and 7#b7 by adding at the end the following new subsection3 7f7 ,special ,rule for ,payments ,used ,to ,meet ,requirements ,imposed ,under ,restoring ,confidence in ,america's ,elections ,act 7#a7 ,in general ,notwithstanding any other provision of this part1 a ,state is eligible to receive a requirements payment under the authorization made by section #beg7;a77#e7 for fiscal year #bjbj or #bjba if1 not later than #ij days after the date of the enactment of the ,restoring ,confidence in ,america's ,elections ,act1 the chief executive officer of the ,state1 or designee1 in consultation and coordination with the chief ,state election official-- 7,a7 certifies to the ,commission the number of noncompliant and partially noncompliant precincts in the ,state 7as defined in section #beb7;b77#b772 7,b7 certifies to the ,commission that the ,state will reimburse each unit of local government in the ,state for any costs the unit incurs in carrying out the activities for which the payment may be used2 and 7,c7 files a statement with the ,commission describing the ,state's need for the payment and how the ,state will use the payment to meet the requirements of title ,,iii 7in accordance with the limitations applicable to the use of the payment under section #beg7;a77#e774 7#b7 ,certifications by ,states that require changes to ,state law ,in the case of a ,state that requires ,state legislation to carry out any activity covered by any certification submitted under this subsection1 the ,state shall be permitted to make the certification notwithstanding that the legislation has not been enacted at the time the certification is submitted and such ,state shall submit an additional certification once such legislation is enacted4 4 7d7 ,permitting use of funds for reimbursement for costs previously incurred ,section #bea7;c77#a7 of such ,act 7#eb ,u4,s4,c4 #bajja7;c77#a77 is amended by striking the period at the end and inserting the following3 1 or as a reimbursement for any costs incurred after ,november #bjah in meeting the requirements of title ,,iii which are imposed pursuant to the amendments made by title ,i of the ,restoring ,confidence in ,america's ,elections ,act or in otherwise upgrading or replacing voting systems in a manner consistent with such amendments 7so long as the voting systems meet any of the requirements that apply with respect to elections for ,federal office held in #bjbb and each succeeding year744 7e7 ,rule of construction regarding ,states receiving other funds for replacing punch card1 lever1 or other voting machines ,nothing in the amendments made by this section or in any other provision of the ,help ,america ,vote ,act of #bjjb may be construed to prohibit a ,state which received or was authorized to receive a payment under title ,i or ,,ii of such ,act for replacing punch card1 lever1 or other voting machines from receiving or using any funds which are made available under the amendments made by this section4 7f7 ,rule of construction regarding use of funds received in prior years 7#a7 ,in general ,nothing contained in this subtitle or the ,help ,america ,vote ,act of #bjjb may be construed to prohibit a ,state from using funds received under title ,i or ,,ii of the ,help ,america ,vote ,act of #bjjb to purchase or acquire by other means a voting system that meets the requirements of section #cja of the ,help ,america ,vote ,act of #bjjb 7as amended by this subtitle7 in order to replace voting systems purchased with funds received under the ,help ,america ,vote ,act of #bjjb that do not meet such requirements4 7#b7 ,waiver of notice and comment requirements ,the requirements of subparagraphs 7,a71 7,b71 and 7,c7 of section #bed7;a77#aa7 of the ,help ,america ,vote ,act of #bjjb shall not apply to any ,state using funds received under such ,act for the purposes described in paragraph 7#a74 #ejeabb4 ,grants for development of compliant systems 7a7 ,establishment of grant program 7#a7 ,grants to develop voting systems ,the ,election ,assistance ,commission 7hereafter referred to as the ,commission7 shall establish and operate a program under which the ,commission shall award grants to eligible entities for the development of voting systems that meet the requirements of paragraph 7#b7 and that may be used by ,states and units of local government to administer elections for ,federal office4 7#b7 ,requirements for voting systems ,the requirements of this paragraph with respect to voting systems are as follows3 7,a7 ,the system produces a voter-verified paper record of each vote cast on the system4 7,b7 ,the system is demonstrably compatible with commodity accessibility devices4 7,c7 ,the system is fully accessible for the use of individuals with disabilities4 7b7 ,eligibility requirements for recipients ,an entity is eligible to receive a grant under the program under this section if the entity submits to the ,commission1 at such time and in such form as the ,commission may require1 an application containing-- 7#a7 a certification that any voting system developed with the funds provided under this section shall meet the requirements of paragraph 7#b7 of subsection 7a72 and 7#b7 such other information and assurances as the ,commission may require4 7c7 ,applicability of regulations governing patent rights in ,inventions made with ,federal assistance ,any invention made by the recipient of a grant under this section using funds provided under this section shall be subject to chapter #ah of title #ce1 ,united ,states ,code 7relating to patent rights in inventions made with ,federal assistance74 7d7 ,report 7#a7 ,in general ,each entity which receives a grant under this section shall submit to the ,commission a report describing the activities carried out with the funds provided under the grant4 7#b7 ,deadline ,an entity shall submit a report required under paragraph 7#a7 not later than #fj days after the end of the fiscal year for which the entity received the grant which is the subject of the report4 7e7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated for grants under this section #fj1jjj1jjj for fiscal year #bjba4 7#b7 ,availability of funds ,amounts appropriated pursuant to the authorization under this subsection shall remain available1 without fiscal year limitation1 until expended4 ,d ,effective ,date #ejeaca4 ,effective date for new requirements ,section #cja7;d7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha7;d77 is amended to read as follows3 7d7 ,effective ,date 7#a7 ,in general ,except as provided in paragraph 7#b71 each ,state and jurisdiction shall be required to comply with the requirements of this section on and after ,january #a1 #bjjh4 7#b7 ,special rule for certain requirements 7,a7 ,in general ,except as provided in subparagraphs 7,b7 and 7,c71 the requirements of this section which are first imposed on a ,state and jurisdiction pursuant to the amendments made by title ,i of the ,restoring ,confidence in ,america's ,elections ,act shall apply with respect to voting systems used for the regularly scheduled general election for ,federal office held in #bjbb and each succeeding election for ,federal office4 7,b7 #b-year delay for jurisdictions using certain paper record printers or certain systems using or producing voter-verifiable paper records in #bjah 7i7 ,delay ,in the case of a jurisdiction described in clause 7ii71 subparagraph 7,a7 shall apply to a voting system in the jurisdiction as if the reference in such subparagraph to #bjbj were a reference to #bjbd1 but only with respect to the following requirements of this section3 7,i7 ,paragraph 7#b77;,a77i77,i7 of subsection 7a7 7relating to the use of voter-marked paper ballots74 7,,ii7 ,paragraph 7#c77;,b77ii77,i7 and 7,,ii7 of subsection 7a7 7relating to access to verification from and casting of the durable paper ballot74 7,,iii7 ,paragraph 7#ab7 of subsection 7a7 7relating to durability and readability requirements for ballots74 7ii7 ,jurisdictions described ,a jurisdiction described in this clause is a jurisdiction-- 7,i7 which used voter verifiable paper record printers attached to direct recording electronic voting machines1 or which used other voting systems that used or produced paper records of the vote verifiable by voters but that are not in compliance with paragraphs 7#b77;,a77i77,i71 7#c77;,b77ii77,i7 and 7,,ii71 and 7#ab7 of subsection 7a7 7as amended or added by the ,restoring ,confidence in ,america's ,elections ,act71 for the administration of the regularly scheduled general election for ,federal office held in ,november #bjbj2 and 7,,ii7 which will continue to use such printers or systems for the administration of elections for ,federal office held prior to the regularly scheduled general election for ,federal office held in #bjbb4 7iii7 ,mandatory availability of paper ballots at polling places using grandfathered printers and systems 7,i7 ,requiring ballots to be offered and provided ,the appropriate election official at each polling place that uses a printer or system described in clause 7ii77,i7 for the administration of elections for ,federal office shall offer each individual who is eligible to cast a vote in the election at the polling place the opportunity to cast the vote using a blank preprinted paper ballot which the individual may mark by hand and which is not produced by the direct recording electronic voting machine or other such system4 ,the official shall provide the individual with the ballot and the supplies necessary to mark the ballot1 and shall ensure 7to the greatest extent practicable7 that the waiting period for the individual to cast a vote is the lesser of #cj minutes or the average waiting period for an individual who does not agree to cast the vote using such a paper ballot under this clause4 7,,ii7 ,treatment of ballot ,any paper ballot which is cast by an individual under this clause shall be counted and otherwise treated as a regular ballot for all purposes 7including by incorporating it into the final unofficial vote count 7as defined by the ,state7 for the precinct7 and not as a provisional ballot1 unless the individual casting the ballot would have otherwise been required to cast a provisional ballot4 7,,iii7 ,posting of notice ,the appropriate election official shall ensure there is prominently displayed at each polling place a notice that describes the obligation of the official to offer individuals the opportunity to cast votes using a preprinted blank paper ballot4 7,,iv7 ,training of election officials ,the chief ,state election official shall ensure that election officials at polling places in the ,state are aware of the requirements of this clause1 including the requirement to display a notice under subclause 7,,iii71 and are aware that it is a violation of the requirements of this title for an election official to fail to offer an individual the opportunity to cast a vote using a blank preprinted paper ballot4 7,v7 ,period of applicability ,the requirements of this clause apply only during the period in which the delay is in effect under clause 7i74 7,c7 ,special rule for jurisdictions using certain nontabulating ballot marking devices ,in the case of a jurisdiction which uses a nontabulating ballot marking device1 subparagraph 7,a7 shall apply to a voting system in the jurisdiction as if the reference in such subparagraph to the regularly scheduled general election for ,federal office held in #bjbb were a reference to the first election for ,federal office held in #bjbd1 but only with respect to paragraph 7#c77;,b77ii77,,ii7 of subsection 7a7 7relating to nonmanual casting of the durable paper ballot74 4 #b ,requirement for mandatory manual audits by hand count #ejebja4 ,mandatory manual audits ,title ,,iii of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha et seq47 is amended by adding at the end the following new subtitle3 ,c ,mandatory manual audits #cba4 ,requiring audits of results of elections 7a7 ,requiring ,audits 7#a7 ,in general ,in accordance with this subtitle1 each ,state shall administer1 without advance notice to the precincts or alternative audit units selected1 audits of the results of all elections for ,federal office held in the ,state 7and1 at the option of the ,state or jurisdiction involved1 of elections for ,state and local office held at the same time as such election7 consisting of random hand counts of the voter-verified paper ballots required to be used and preserved pursuant to section #cja7;a77#b74 7#b7 ,exception for certain elections ,a ,state shall not be required to administer an audit of the results of an election for ,federal office under this subtitle if the winning candidate in the election-- 7,a7 had no opposition on the ballot2 or 7,b7 received #hj percent or more of the total number of votes cast in the election1 as determined on the basis of the final unofficial vote count4 7b7 ,determination of ,entity ,conducting ,audits2 ,application of ,,gao ,independence ,standards ,the ,state shall administer audits under this subtitle through an entity selected for such purpose by the ,state in accordance with such criteria as the ,state considers appropriate consistent with the requirements of this subtitle1 except that the entity must meet the general standards established by the ,comptroller ,general and as set forth in the ,comptroller ,general's ,government ,auditing ,standards to ensure the independence 7including1 except as provided under section #cbc7;b71 the organizational independence7 of entities performing financial audits1 attestation engagements1 and performance audits4 7c7 ,references to ,election ,auditor ,in this subtitle1 the term ,election ,auditor means1 with respect to a ,state1 the entity selected by the ,state under subsection 7b74 #cbb4 ,number of ballots counted under audit 7a7 ,in ,general ,except as provided in subsection 7b71 the number of voter-verified paper ballots which will be subject to a hand count administered by the ,election ,auditor of a ,state under this subtitle with respect to an election shall be determined as follows3 7#a7 ,in the event that the unofficial count as described in section #cbc7;a77#a7 reveals that the margin of victory between the two candidates receiving the largest number of votes in the election is less than #a percent of the total votes cast in that election1 the hand counts of the voter-verified paper ballots shall occur in at least #aj percent of all precincts or equivalent locations 7or alternative audit units used in accordance with the method provided for under subsection 7b77 in the congressional district involved 7in the case of an election for the ,house of ,representatives7 or the ,state 7in the case of any other election for ,federal office74 7#b7 ,in the event that the unofficial count as described in section #cbc7;a77#a7 reveals that the margin of victory between the two candidates receiving the largest number of votes in the election is greater than or equal to #a percent but less than #b percent of the total votes cast in that election1 the hand counts of the voter-verified paper ballots shall occur in at least #e percent of all precincts or equivalent locations 7or alternative audit units used in accordance with the method provided for under subsection 7b77 in the congressional district involved 7in the case of an election for the ,house of ,representatives7 or the ,state 7in the case of any other election for ,federal office74 7#c7 ,in the event that the unofficial count as described in section #cbc7;a77#a7 reveals that the margin of victory between the two candidates receiving the largest number of votes in the election is equal to or greater than #b percent of the total votes cast in that election1 the hand counts of the voter-verified paper ballots shall occur in at least #c percent of all precincts or equivalent locations 7or alternative audit units used in accordance with the method provided for under subsection 7b77 in the congressional district involved 7in the case of an election for the ,house of ,representatives7 or the ,state 7in the case of any other election for ,federal office74 7b7 ,use of ,alternative ,mechanism 7#a7 ,permitting use of alternative mechanism ,notwithstanding subsection 7a71 a ,state may adopt and apply an alternative mechanism to determine the number of voter-verified paper ballots which will be subject to the hand counts required under this subtitle with respect to an election1 so long as the alternative mechanism uses the voter-verified paper ballots to conduct the audit and the ,national ,institute of ,standards and ,technology determines that the alternative mechanism is in accordance with the principles set forth in paragraph 7#b74 7#b7 ,principles for approval ,in approving an alternative mechanism under paragraph 7#a71 the ,national ,institute of ,standards and ,technology shall ensure that the audit procedure will have the property that for each election-- 7,a7 the alternative mechanism will be at least as statistically effective in ensuring the accuracy of the election results as the procedures under this subtitle2 or 7,b7 the alternative mechanism will achieve at least a #ie percent confidence interval 7as determined in accordance with criteria set forth by the ,national ,institute of ,standards and ,technology7 with respect to the outcome of the election4 7#c7 ,deadline for response ,the ,director of the ,national ,institute of ,standards and ,technology shall make a determination regarding a ,state's request to approve an alternative mechanism under paragraph 7#a7 not later than #cj days after receiving the ,state's request4 #cbc4 ,process for administering audits 7a7 ,in ,general ,the ,election ,auditor of a ,state shall administer an audit under this section of the results of an election in accordance with the following procedures3 7#a7 ,within #bd hours after the ,state announces the final unofficial vote count 7as defined by the ,state7 in each precinct in the ,state1 the ,election ,auditor shall-- 7,a7 determine and then announce the precincts or equivalent locations 7or alternative audit units used in accordance with the method provided under section #cbb7;b77 in the ,state in which it will administer the audits2 and 7,b7 with respect to votes cast at the precinct or equivalent location on or before the date of the election 7other than provisional ballots described in paragraph 7#b771 begin to administer the hand count of the votes on the voter-verified paper ballots required to be used and preserved under section #cja7;a77#b77;,a7 and the comparison of the count of the votes on those ballots with the final unofficial count of such votes as announced by the ,state4 7#b7 ,with respect to votes cast other than at the precinct on the date of the election 7other than votes cast by provisional ballot on the date of the election which are certified and counted by the ,state on or after the date of the election71 including votes cast by absent uniformed services voters and overseas voters under the ,uniformed and ,overseas ,citizens ,absentee ,voting ,act1 the ,election ,auditor shall administer the hand count of the votes on the applicable voter-verified paper ballots required to be produced and preserved under section #cja7;a77#b77;,a7 and the comparison of the count of the votes on those ballots with the final unofficial count of such votes as announced by the ,state4 7b7 ,use of personnel ,in administering the audits1 the ,election ,auditor may utilize the services of the personnel of the ,state or jurisdiction1 including election administration personnel and poll workers1 without regard to whether or not the personnel have professional auditing experience4 7c7 ,location ,the ,election ,auditor shall administer an audit of an election-- 7#a7 at the location where the ballots cast in the election are stored and counted after the date of the election or such other appropriate and secure location agreed upon by the ,election ,auditor and the individual that is responsible under ,state law for the custody of the ballots2 and 7#b7 in the presence of the personnel who under ,state law are responsible for the custody of the ballots4 7d7 ,special rule in case of delay in reporting absentee vote count ,in the case of a ,state in which the final count of absentee and provisional votes is not announced until after the date of the election1 the ,election ,auditor shall initiate the process described in subsection 7a7 for administering the audit not later than #bd hours after the ,state announces the final unofficial vote count for the votes cast at the precinct or equivalent location on or before the date of the election1 and shall initiate the administration of the audit of the absentee and provisional votes pursuant to subsection 7a77#b7 not later than #bd hours after the ,state announces the final unofficial count of such votes4 7e7 ,additional ,audits if ,cause ,shown 7#a7 ,in general ,if the ,election ,auditor finds that any of the hand counts administered under this section do not match the final unofficial tally of the results of an election1 the ,election ,auditor shall administer hand counts under this section of such additional precincts 7or alternative audit units7 as the ,election ,auditor considers appropriate to resolve any concerns resulting from the audit and ensure the accuracy of the election results4 7#b7 ,establishment and publication of procedures governing additional audits ,not later than ,august #a1 #bjbb1 each ,state shall establish and publish procedures for carrying out the additional audits under this subsection1 including the means by which the ,state shall resolve any concerns resulting from the audit with finality and ensure the accuracy of the election results4 7f7 ,public ,observation of ,audits ,each audit conducted under this section shall be conducted in a manner that allows public observation of the entire process4 #cbd4 ,selection of precincts 7a7 ,in ,general ,except as provided in subsection 7c71 the selection of the precincts or alternative audit units in the ,state in which the ,election ,auditor of the ,state shall administer the hand counts under this subtitle shall be made by the ,election ,auditor on a random basis1 in accordance with procedures adopted by the ,national ,institute of ,standards and ,technology1 except that at least one precinct shall be selected at random in each county1 with additional precincts selected by the ,election ,auditor at the ,auditor's discretion4 7b7 ,public ,selection ,the random selection of precincts under subsection 7a7 shall be conducted in public1 at a time and place announced in advance4 7c7 ,mandatory ,selection of ,precincts ,established ,specifically for ,absentee ,ballots ,if a ,state does not sort absentee ballots by precinct and include those ballots in the hand count with respect to that precinct1 the ,state shall create absentee ballot precincts or audit units which are of similar size to the average precinct or audit unit in the jurisdiction being audited1 and shall include those absentee precincts or audit units among the precincts in the ,state in which the ,election ,auditor shall administer the hand counts under this subtitle4 7d7 ,deadline for ,adoption of ,procedures by ,commission ,the ,national ,institute of ,standards and ,technology shall adopt the procedures described in subsection 7a7 not later than ,march #ca1 #bjbb1 and shall publish them in the ,federal ,register upon adoption4 #cbe4 ,publication of results 7a7 ,submission to ,commission ,as soon as practicable after the completion of an audit under this subtitle1 the ,election ,auditor of a ,state shall submit to the ,commission the results of the audit1 and shall include in the submission a comparison of the results of the election in the precinct as determined by the ,election ,auditor under the audit and the final unofficial vote count in the precinct as announced by the ,state and all undervotes1 overvotes1 blank ballots1 and spoiled1 voided1 or cancelled ballots1 as well as a list of any discrepancies discovered between the initial1 subsequent1 and final hand counts administered by the ,election ,auditor and such final unofficial vote count and any explanation for such discrepancies1 broken down by the categories of votes described in paragraphs 7#a77;,b7 and 7#b7 of section #cbc7;a74 7b7 ,publication by ,commission ,immediately after receiving the submission of the results of an audit from the ,election ,auditor of a ,state under subsection 7a71 the ,commission shall publicly announce and publish the information contained in the submission4 7c7 ,delay in certification of results by ,state 7#a7 ,prohibiting certification until completion of audits ,no ,state may certify the results of any election which is subject to an audit under this subtitle prior to-- 7,a7 the completion of the audit 7and1 if required1 any additional audit conducted under section #cbc7;e77#a77 and the announcement and submission of the results of each such audit to the ,commission for publication of the information required under this section2 and 7,b7 the completion of any procedure established by the ,state pursuant to section #cbc7;e77#b7 to resolve discrepancies and ensure the accuracy of results4 7#b7 ,deadline for completion of audits of ,presidential elections ,in the case of an election for electors for ,president and ,vice ,president which is subject to an audit under this subtitle1 the ,state shall complete the audits and announce and submit the results to the ,commission for publication of the information required under this section in time for the ,state to certify the results of the election and provide for the final determination of any controversy or contest concerning the appointment of such electors prior to the deadline described in section #f of title #c1 ,united ,states ,code4 #cbf4 ,payments to ,states 7a7 ,payments for ,costs of ,conducting ,audits ,in accordance with the requirements and procedures of this section1 the ,commission shall make a payment to a ,state to cover the costs incurred by the ,state in carrying out this subtitle with respect to the elections that are the subject of the audits conducted under this subtitle4 7b7 ,certification of ,compliance and ,anticipated ,costs 7#a7 ,certification required ,in order to receive a payment under this section1 a ,state shall submit to the ,commission1 in such form as the ,commission may require1 a statement containing-- 7,a7 a certification that the ,state will conduct the audits required under this subtitle in accordance with all of the requirements of this subtitle2 7,b7 a notice of the reasonable costs incurred or the reasonable costs anticipated to be incurred by the ,state in carrying out this subtitle with respect to the elections involved2 and 7,c7 such other information and assurances as the ,commission may require4 7#b7 ,amount of payment ,the amount of a payment made to a ,state under this section shall be equal to the reasonable costs incurred or the reasonable costs anticipated to be incurred by the ,state in carrying out this subtitle with respect to the elections involved1 as set forth in the statement submitted under paragraph 7#a74 7#c7 ,timing of notice ,the ,state may not submit a notice under paragraph 7#a7 until candidates have been selected to appear on the ballot for all of the elections for ,federal office which will be the subject of the audits involved4 7c7 ,timing of ,payments ,the ,commission shall make the payment required under this section to a ,state not later than #cj days after receiving the notice submitted by the ,state under subsection 7b74 7d7 ,recoupment of ,overpayments ,no payment may be made to a ,state under this section unless the ,state agrees to repay to the ,commission the excess 7if any7 of-- 7#a7 the amount of the payment received by the ,state under this section with respect to the elections involved2 over 7#b7 the actual costs incurred by the ,state in carrying out this subtitle with respect to the elections involved4 7e7 ,authorization of ,appropriations ,there is authorized to be appropriated to the ,commission for fiscal year #bjbb and each succeeding fiscal year #ajj1jjj1jjj for payments under this section4 #cbg4 ,exception for elections subject to recount under ,state law prior to certification 7a7 ,exception ,this subtitle does not apply to any election for which a recount under ,state law will commence prior to the certification of the results of the election1 including but not limited to a recount required automatically because of the margin of victory between the #b candidates receiving the largest number of votes in the election1 but only if each of the following applies to the recount3 7#a7 ,the recount commences prior to the determination and announcement by the ,election ,auditor under section #cbc7;a77#a7 of the precincts in the ,state in which it will administer the audits under this subtitle4 7#b7 ,if the recount would apply to fewer than #ajj percent of the ballots cast in the election-- 7,a7 the number of ballots counted will be at least as many as would be counted if an audit were conducted with respect to the election in accordance with this subtitle2 and 7,b7 the selection of the precincts in which the recount will be conducted will be made in accordance with the random selection procedures applicable under section #cbd4 7#c7 ,the recount for the election meets the requirements of section #cbc7;f7 7relating to public observation74 7#d7 ,the ,state meets the requirements of section #cbe 7relating to the publication of results and the delay in the certification of results7 with respect to the recount4 7b7 ,clarification of ,effect on ,other ,requirements ,nothing in this section may be construed to waive the application of any other provision of this ,act to any election 7including the requirement set forth in section #cja7;a77#b7 that the voter-verified paper ballots serve as the vote of record and shall be counted by hand in all audits and recounts1 including audits and recounts described in this subtitle74 #cbh4 ,effective date ,this subtitle shall apply with respect to elections for ,federal office held in #bjbb or any succeeding year4 4 #ejebjb4 ,availability of enforcement under ,help ,america ,vote ,act of #bjjb ,section #dja of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #baaaa7 is amended by striking sections #cja1 #cjb1 and #cjc and inserting title ,,iii4 #ejebjc4 ,guidance on best practices for alternative audit mechanisms 7a7 ,in general ,not later than ,may #a1 #bjbb1 the ,director of the ,national ,institute for ,standards and ,technology shall establish guidance for ,states that wish to establish alternative audit mechanisms under section #cbb7;b7 of the ,help ,america ,vote ,act of #bjjb 7as added by section #ejebja74 ,such guidance shall be based upon scientifically and statistically reasonable assumptions for the purpose of creating an alternative audit mechanism that will be consistent with the principles for approval described in section #cbb7;b77#b7 of such ,act 7as so added74 7b7 ,authorization of appropriations ,there is authorized to be appropriated to carry out subsection 7a7 #ajj1jjj1 to remain available until expended4 #ejebjd4 ,clerical amendment ,the table of contents of the ,help ,america ,vote ,act of #bjjb is amended by adding at the end of the items relating to title ,,iii the following3 ,subtitle ,c--,mandatory ,manual ,audits ,sec4 #cba4 ,requiring audits of results of elections4 ,sec4 #cbb4 ,number of ballots counted under audit4 ,sec4 #cbc4 ,process for administering audits4 ,sec4 #cbd4 ,selection of precincts4 ,sec4 #cbe4 ,publication of results4 ,sec4 #cbf4 ,payments to ,states4 ,sec4 #cbg4 ,exception for elections subject to recount under ,state law prior to certification4 ,sec4 #cbh4 ,effective date4 4 #c ,other ,reforms to ,promote ,integrity of ,elections ,a ,integrity of ,election ,administration #ejecja4 ,prohibition on campaign activities by chief ,state election administration officials 7a7 ,in ,general ,title ,,iii of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaja et seq47 is amended by inserting after section #cai the following new section3 #cai;,a4 ,campaign activities by chief ,state election administration officials 7a7 ,prohibition ,it shall be unlawful for a chief ,state election administration official to take an active part in political management or in a political campaign with respect to any election for ,federal office over which such official has supervisory authority4 7b7 ,chief ,state election administration official ,the term chief ,state election administration official means the highest ,state official with responsibility for the administration of ,federal elections under ,state law4 7c7 ,active part in political management or in a political campaign ,the term active part in political management or in a political campaign means-- 7#a7 serving as a member of an authorized committee of a candidate for ,federal office2 7#b7 the use of official authority or influence for the purpose of interfering with or affecting the result of an election for ,federal office2 7#c7 the solicitation1 acceptance1 or receipt of a contribution from any person on behalf of a candidate for ,federal office2 and 7#d7 any other act which would be prohibited under paragraph 7#b7 or 7#c7 of section #gcbc7;b7 of title #e1 ,united ,states ,code1 if taken by an individual to whom such paragraph applies 7other than any prohibition on running for public office74 7d7 ,exception for ,campaigns of ,official or ,immediate ,family ,members 7#a7 ,in general ,this section does not apply to a chief ,state election administration official with respect to an election for ,federal office in which the official or an immediate family member of the official is a candidate4 7#b7 ,immediate family member defined ,in paragraph 7#a71 the term immediate family member means1 with respect to a candidate1 a father1 mother1 son1 daughter1 brother1 sister1 husband1 wife1 father-in-law1 or mother-in-law4 4 7b7 ,effective ,date ,the amendments made by subsection 7a7 shall apply with respect to elections for ,federal office held after ,december #bjbj4 #ejecjb4 ,mandatory training for poll workers 7a7 ,in general ,title ,,iii of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha et seq47 is amended-- 7#a7 by redesignating sections #cjd and #cje as sections #cje and #cjf2 and 7#b7 by inserting after section #cjc the following new section3 #cjd4 ,mandatory training for poll workers 7a7 ,training in applicable election laws and procedures required for all poll workers ,a ,state may not assign an individual to serve as an election official at a polling place for an election for ,federal office1 including a location serving as a polling place on a day other than the date of the election1 unless the ,state certifies to the ,commission that the individual has received training in the election administration laws and procedures applicable in the jurisdiction in which the polling place is located4 7b7 ,effective date ,each ,state shall be required to comply with the requirements of subsection 7a7 for the regularly scheduled general election for ,federal office occurring in ,november #bjbj and for any subsequent election for ,federal office4 4 7b7 ,clerical amendment ,the table of contents of such ,act is amended-- 7#a7 by redesignating the items relating to sections #cjd and #cje as relating to sections #cje and #cjf2 and 7#b7 by inserting after the item relating to section #cjc the following new item3 ,sec4 #cjd4 ,mandatory training for poll workers4 4 #ejecjc4 ,due process requirements for individuals proposed to be removed from list of eligible voters 7a7 ,internet posting of list of individuals proposed ,to be removed from list ,section #h of the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjejg7 is amended-- 7#a7 by redesignating subsection 7j7 as subsection 7k72 and 7#b7 by inserting after subsection 7i7 the following new subsection3 7j7 ,additional due process requirements for individuals proposed ,to be removed from list of eligible voters 7#a7 ,internet posting of names ,on an ongoing basis1 the chief ,state election official shall post on the ,internet a list showing the name and address of each individual whom the ,state intends to remove from the official list of eligible voters in elections for ,federal office in the ,state1 together with instructions on how an individual may challenge the proposed removal of the individual's name from the list4 7#b7 ,requiring opportunity to correct record ,the ,state may not remove any individual from the official list of eligible voters in elections for ,federal office in the ,state until the expiration of the #fj-;day period which begins on the date the chief ,state election official posts the individual's name and address on the ,internet under paragraph 7#a74 7#c7 ,publicizing information on due process requirements ,the chief ,state election official shall disseminate information to the general public regarding the ,internet posting of names and addresses under paragraph 7#a7 and the opportunity for individuals to correct records under paragraph 7#b71 including by sending information to media outlets in the ,state and by preparing information for distribution and display by offices of the ,state motor vehicle authority4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall apply with respect to elections for ,federal office held during #bjbb or any succeeding year4 #ejecjd4 ,mandatory response by ,attorney ,general to allegations of voter intimidation or suppression by law enforcement officers and other government officials 7a7 ,mandatory response to allegations 7#a7 ,in general ,not later than #cj days after receiving an allegation described in subsection 7b7 from any person1 the ,attorney ,general shall-- 7,a7 initiate an investigation of the allegation2 or 7,b7 provide the person with a written statement that the ,attorney ,general will not investigate the allegation1 and include in the statement the ,attorney ,general's reasons for not investigating the allegation4 7#b7 ,special rule for allegations received within #cj days of election ,if the ,attorney ,general receives an allegation described in subsection 7b7 during the #cj-;day period which ends on the date of an election for ,federal office1 the ,attorney ,general shall meet the requirements of paragraph 7#a7 not later than #dh hours after receiving the allegation4 7b7 ,allegations described ,an allegation described in this subsection is-- 7#a7 an allegation that a law enforcement officer or other official of a ,state or local government has intimidated1 threatened1 or coerced1 or attempted to intimidate1 threaten1 or coerce1 any individual for voting1 or for attempting to vote1 in an election for ,federal office2 or 7#b7 an allegation that an election official of a ,state or local government has engaged or has attempted to engage in voter suppression activity4 ,b ,removing ,barriers to ,voting #ejecaa4 ,requirements for counting provisional ballots2 establishment of uniform and nondiscriminatory standards 7a7 ,in general ,section #cjb of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajhb7 is amended-- 7#a7 by redesignating subsection 7d7 as subsection 7f72 and 7#b7 by inserting after subsection 7c7 the following new subsections3 7d7 ,statewide counting of provisional ballots 7#a7 ,in general ,for purposes of subsection 7a77#d71 notwithstanding the precinct or polling place at which a provisional ballot is cast within the ,state1 the appropriate election official shall count each vote on such ballot for each election in which the individual who cast such ballot is eligible to vote4 7#b7 ,effective date ,this subsection shall apply with respect to elections held on or after ,january #a1 #bjbj4 7e7 ,uniform and nondiscriminatory standards 7#a7 ,establishment of standards by ,commission ,the ,commission shall establish uniform and nondiscriminatory standards for the issuance1 handling1 and counting of provisional ballots1 consistent with the requirements of this section4 7#b7 ,compliance with standards ,each ,state shall comply with the standards established by the ,commission under this subsection4 7#c7 ,effective date ,this subsection shall apply with respect to elections held on or after ,january #a1 #bjbj4 4 7b7 ,conforming amendment relating to effective date ,section #cjb7;f7 of such ,act 7#eb ,u4,s4,c4 #bajhb7;f771 as redesignated by subsection 7a71 is amended by striking ,each ,state and inserting ,except as provided in subsections 7d77#b7 and 7e77#c71 each ,state4 #ejecab4 ,prohibiting imposition of conditions on voting by mail 7a7 ,prohibition ,title ,,iii of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha et seq471 as amended by section #ejebja1 is amended by adding at the end the following new subtitle3 ,d ,other ,requirements ,to ,remove ,barriers to ,voting #cca4 ,prohibiting imposition of conditions on voting by mail 7a7 ,in ,general ,if an individual in a ,state is eligible to cast a vote in an election for ,federal office1 the ,state may not impose any additional conditions or requirements on the eligibility of the individual to cast the vote in such election by mail 7including by absentee ballot71 except as required under subsection 7b7 and except to the extent that the ,state imposes a deadline for requesting the ballot and related voting materials from the appropriate ,state or local election official and for returning the ballot to the appropriate ,state or local election official4 7b7 ,requiring signature verification ,a ,state may not accept and process an absentee ballot submitted by any individual with respect to an election for ,federal office unless the ,state verifies the identification of the individual by comparing the individual's signature on the absentee ballot with the individual's signature on the official list of registered voters in the ,state1 in accordance with such procedures as the ,state may adopt4 7c7 ,effective date ,this section shall apply with respect to elections held on or after ,january #a1 #bjba4 4 7b7 ,conforming amendments relating to adoption of voluntary guidance by ,election ,assistance ,commission 7#a7 ,applicability of voluntary guidance ,section #caa7;a7 of such ,act 7#eb ,u4,s4,c4 #baaja7;a77 is amended by striking subtitle ,a and inserting subtitle ,a and subtitle ,d4 7#b7 ,deadline for adoption ,section #caa7;b7 of such ,act 7#eb ,u4,s4,c4 #baaja7;b77 is amended-- 7,a7 by striking and at the end of paragraph 7#b72 7,b7 by striking the period at the end of paragraph 7#c7 and inserting 2 and2 and 7,c7 by adding at the end the following new paragraph3 7#d7 in the case of the recommendations with respect to subtitle ,d1 ,june #cj1 #bjbj4 4 7c7 ,clerical amendment ,the table of contents of such ,act is amended by adding at the end of the items relating to title ,,iii the following3 ,subtitle ,d--,other ,requirements ,to ,remove ,barriers to ,voting ,sec4 #cca4 ,prohibiting imposition of conditions on voting by mail4 4 #ejecac4 ,mandatory availability of early voting 7a7 ,mandatory availability ,subtitle ,d of title ,,iii of the ,help ,america ,vote ,act of #bjjb1 as added by section #ejecab7;a71 is amended by adding at the end the following new section3 #ccb4 ,mandatory availability of early voting 7a7 ,requiring availability of voting prior to date of election 7#a7 ,in general ,each ,state shall allow individuals to vote in an election for ,federal office during an early voting period which occurs prior to the date of the election4 7#b7 ,length of period ,the early voting period required under this subsection with respect to an election shall consist of a period of not fewer than #ad consecutive days 7including weekends7 which begins on the #agth day before the date of the election 7or1 at the option of the ,state1 on a day prior to the #agth day before the date of the election7 and ends on the date of the election4 7b7 ,minimum early voting requirements ,each polling place which allows voting during an early voting period under subsection 7a7 shall-- 7#a7 allow such voting for no less than #ab hours on each day1 except that the polling place may allow such voting for fewer than #ab hours on ,sundays2 and 7#b7 have uniform hours each day for which such voting occurs4 7c7 ,location of polling places near public transportation ,to the greatest extent practicable1 a ,state shall ensure that each polling place which allows voting during an early voting period under subsection 7a7 is located within walking distance of a stop on a public transportation route4 7d7 ,standards 7#a7 ,in general ,the ,commission shall issue standards for the administration of voting prior to the day scheduled for a ,federal election4 ,such standards shall include the nondiscriminatory geographic placement of polling places at which such voting occurs4 7#b7 ,deviation ,the standards described in paragraph 7#a7 shall permit ,states1 upon providing adequate public notice1 to deviate from any requirement in the case of unforeseen circumstances such as a natural disaster1 terrorist attack1 or a change in voter turnout4 7e7 ,effective date ,this section shall apply with respect to elections held on or after ,january #a1 #bjba4 4 7b7 ,clerical amendment ,the table of contents of such ,act1 as amended by section #ejecab7;c71 is amended by adding at the end of the items relating to subtitle ,d of title ,,iii the following3 ,sec4 #ccb4 ,mandatory availability of early voting4 4 #ejecad4 ,requirements for availability of sufficient polling places1 equipment1 and resources 7a7 ,requiring ,states ,to meet requirements ,subtitle ,d of title ,,iii of the ,help ,america ,vote ,act of #bjjb1 as added by section #ejecab7;a7 and as amended by section #ejecac7;a71 is amended by adding at the end the following new section3 #ccc4 ,availability of sufficient polling places1 equipment1 and resources 7a7 ,in ,general ,in accordance with the standards established under subsection 7b71 each ,state shall provide for-- 7#a7 an appropriate number and geographic distribution of voting sites on the day of any election for ,federal office and on any days during which such ,state allows early voting in such elections2 and 7#b7 the minimum required number of voting systems and other election resources 7including all other voting equipment and supplies7 for each such voting site4 7b7 ,standards 7#a7 ,in general ,not later than ,june #cj1 #bjbj1 the ,commission shall conduct a study and1 on the basis of the findings of the study1 issue standards for ,states to follow in establishing an appropriate number and geographic distribution of voting sites in elections for ,federal office on the day of any ,federal election and on any days during which the ,state allows early voting in such elections1 and in providing for the minimum number of voting systems and other election resources 7including all other voting equipment and supplies7 for each such voting site4 7#b7 ,distribution 7,a7 ,in general ,the standards described in paragraph 7#a7 shall provide for a uniform and nondiscriminatory distribution of such sites1 systems1 and other resources1 and1 to the extent possible1 shall take into account1 among other factors1 the following3 7i7 ,the voting age population4 7ii7 ,voter turnout in past elections4 7iii7 ,the number of voters registered4 7iv7 ,the number of voters who have registered since the most recent ,federal election4 7v7 ,census data for the population served by each voting site4 7vi7 ,the educational levels and socioeconomic factors of the population served by each voting site4 7vii7 ,the needs and numbers of voters with disabilities and voters with limited ,english proficiency4 7viii7 ,the type of voting systems used4 7,b7 ,no factor dispositive ,the standards shall provide that the distribution of voting sites1 systems1 and resources should take into account the totality of all relevant factors1 and no single factor shall be dispositive under the standards4 7,c7 ,purpose ,to the extent possible1 the standards shall provide for a distribution of voting sites1 systems1 and resources with the goals of-- 7i7 ensuring a fair and equitable waiting time for all voters in the ,state2 and 7ii7 preventing a waiting time of over #a hour at any voting site4 7#c7 ,deviation ,the standards described in paragraph 7#a7 shall permit ,states1 upon giving reasonable public notice1 to deviate from any allocation requirements in the case of unforeseen circumstances such as a natural disaster or terrorist attack4 7c7 ,effective date ,this section shall apply with respect to elections held on or after ,january #a1 #bjba4 4 7b7 ,clerical amendment ,the table of contents of such ,act1 as amended by section #ejecab7;c7 and section #ejecac7;b71 is amended by adding at the end of the items relating to subtitle ,d of title ,,iii the following3 ,sec4 #ccc4 ,availability of sufficient polling places1 equipment1 and resources4 4 #d ,rulemaking ,authority of ,election ,assistance ,commission #ejedja4 ,permitting ,election ,assistance ,commission to exercise rulemaking authority 7a7 ,rulemaking authority ,the ,help ,america ,vote ,act of #bjjb is amended by striking section #bji 7#eb ,u4,s4,c4 #bjibi74 7b7 ,clerical amendment ,the table of contents of such ,act is amended by striking the item relating to section #bji4 ,f ,redistricting and ,voter ,protection #ejfja4 ,short title ,this subtitle may be cited as the ,redistricting and ,voter ,protection ,act of #bjbj4 #ejfjb4 ,requiring declaratory judgment or preclearance as prerequisite for multiple ,congressional redistricting plans enacted pursuant to same decennial census and apportionment of ,representatives 7a7 ,declaratory ,judgment that ,plan ,does ,not ,deny or ,abridge ,right ,to ,vote on ,account of ,race or ,color ,except as provided in subsection 7b71 after a ,state enacts a ,congressional redistricting plan in the manner provided by law after an apportionment of ,representatives under section #bb7;a7 of the ,act entitled ,an ,act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of ,representatives in ,congress1 approved ,june #ah1 #aibi 7#b ,u4,s4,c4 #b;a71 any subsequent ,congressional redistricting plan enacted by the ,state prior to the next apportionment of ,representatives under such section shall not take effect unless and until-- 7#a7 the ,state commences a civil action in the ,united ,states ,district ,court for the ,district of ,columbia for a declaratory judgment that such subsequent plan neither has the purpose nor will have the effect of denying or abridging the right to vote on account of race or color1 or in contravention of the guarantees set forth in section #d7;f77#b7 of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcjc7;f77#b772 and 7#b7 the court enters such a declaratory judgment4 7b7 ,preclearance ,a subsequent ,congressional redistricting plan described in subsection 7a7 may take effect if-- 7#a7 the chief legal officer or other appropriate official of the ,state involved submits the plan to the ,attorney ,general and the ,attorney ,general has not interposed an objection within #fj days of such submission2 or 7#b7 upon good cause shown1 to facilitate an expedited approval within #fj days of such submission1 the ,attorney ,general has affirmatively indicated that such objection will not be made4 7c7 ,application of ,voting ,rights ,act of #aife ,for purposes of the ,voting ,rights ,act of #aife1 a declaratory judgment under subsection 7a7 or a preclearance under subsection 7b71 and the proceedings related to such judgment or preclearance1 shall be treated as a declaratory judgment or preclearance under section #e of such ,act 7#eb ,u4,s4,c4 #ajcjd74 #ejfjc4 ,no effect on redistricting plans enacted pursuant to court order ,section #ejfja does not apply with respect to any subsequent ,congressional redistricting plan described in section #ejfja7;a7 if the plan is enacted by a ,state pursuant to a court order in order to comply with the ,constitution or to enforce the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcja et seq474 ,g ,democracy ,restoration #ejgja4 ,short title ,this subtitle may be cited as the ,democracy ,restoration ,act of #bjbj4 #ejgjb4 ,findings ,congress makes the following findings3 7#a7 ,the right to vote is the most basic constitutive act of citizenship4 ,regaining the right to vote reintegrates individuals with criminal convictions into free society1 helping to enhance public safety4 7#b7 ,article ,i1 section #d1 of the ,constitution grants ,congress ultimate supervisory power over ,federal elections1 an authority which has repeatedly been upheld by the ,united ,states ,supreme ,court4 7#c7 ,basic constitutional principles of fairness and equal protection require an equal opportunity for citizens of the ,united ,states to vote in ,federal elections4 ,the right to vote may not be abridged or denied by the ,united ,states or by any ,state on account of race1 color1 gender1 or previous condition of servitude4 ,the #acth1 #adth1 #aeth1 #aith1 #bdth1 and #bfth ,amendments to the ,constitution empower ,congress to enact measures to protect the right to vote in ,federal elections4 ,the #hth ,amendment to the ,constitution provides for no excessive bail to be required1 nor excessive fines imposed1 nor cruel and unusual punishments inflicted4 7#d7 ,there are #c areas in which discrepancies in ,state laws regarding criminal convictions lead to unfairness in ,federal elections-- 7,a7 the lack of a uniform standard for voting in ,federal elections leads to an unfair disparity and unequal participation in ,federal elections based solely on where a person lives2 7,b7 laws governing the restoration of voting rights after a criminal conviction vary throughout the country and persons in some ,states can easily regain their voting rights while in other ,states persons effectively lose their right to vote permanently2 and 7,c7 ,state disenfranchisement laws disproportionately impact racial and ethnic minorities4 7#e7 ,state disenfranchisement laws vary widely4 ,two ,states do not disenfranchise individuals with criminal convictions at all4 ,in #cd ,states1 individuals with convictions may not vote while they are on parole and #cj of those ,states disenfranchise individuals on felony probation as well4 ,in #ab ,states1 a conviction can result in lifetime disenfranchisement4 7#f7 ,several ,states deny the right to vote to individuals convicted of certain misdemeanors4 7#g7 ,in #bjaf1 an estimated #f1ajj1jjj citizens of the ,united ,states1 or about #a in #dj adults in the ,united ,states1 could not vote as a result of a felony conviction4 ,of the #f1ajj1jjj citizens barred from voting then1 only #bb percent were in prison4 ,by contrast1 #gg percent of persons disenfranchised then resided in their communities while on probation or parole or after having completed their sentences4 ,approximately #c1ajj1jjj citizens who had completed their sentences were disenfranchised due to restrictive ,state laws4 ,as of ,november #bjah1 the lifetime ban for persons with certain felony convictions was eliminated through a ,florida ballot initiative4 ,as a result1 as many as #a1djj1jjj people are now eligible to have their voting rights restored4 ,in #f ,states--,alabama1 ,florida1 ,kentucky1 ,mississippi1 ,tennessee1 and ,virginia--more than #g percent of the total population is disenfranchised4 7#h7 ,in those ,states that disenfranchise individuals post-sentence1 the right to vote can be regained in theory1 but in practice this possibility is often granted in a non-uniform and potentially discriminatory manner4 ,disenfranchised individuals sometimes must either obtain a pardon or an order from the ,governor or an action by the parole or pardon board1 depending on the offense and ,state4 ,individuals convicted of a ,federal offense often have additional barriers to regaining voting rights4 7#i7 ,state disenfranchisement laws disproportionately impact racial and ethnic minorities4 ,as of #bjaf1 more than #g percent of the voting-age ,african-,american population1 or #b1bjj1jjj ,african-,americans1 were disenfranchised4 ,one out of every #ac ,african-,americans were unable to vote because of felony disenfranchisement1 which is a rate more than #d times greater than non-,african-,americans4 #g4d percent of ,african-,americans were disenfranchised whereas #a4h percent of non-,african-,americans were4 ,in #bjaf1 in #d ,states--,florida 7#bc percent71 ,kentucky 7#bb percent71 ,tennessee 7#ba percent71 and ,virginia 7#bj percent7--more than #a in #e ,african-,americans were unable to vote because of prior convictions4 7#aj7 ,latino citizens are also disproportionately disenfranchised based upon their disproportionate representation in the criminal justice system4 ,if current incarceration trends hold1 the lifetime likelihood of incarceration for males born in #bjja is #ag percent for ,latinos1 in contrast to less than #f percent for non-,latino ,white men4 ,when analyzing the data across #aj ,states1 ,latinos generally have disproportionately higher rates of disenfranchisement compared to their presence in the voting age population4 ,in #f out of #aj ,states studied in #bjjc1 ,latinos constituted more than #aj percent of the total number of persons disenfranchised by ,state felony laws4 ,in #d ,states 7,california1 #cg percent2 ,new ,york1 #cd percent2 ,texas1 #cj percent2 and ,arizona1 #bg percent71 ,latinos were disenfranchised by a rate of more than #be percent4 7#aa7 ,disenfranchising citizens who have been convicted of a criminal offense and who are living and working in the community serves no compelling ,state interest and hinders their rehabilitation and reintegration into society4 7#ab7 ,state disenfranchisement laws can suppress electoral participation among eligible voters by discouraging voting among family and community members of disenfranchised persons4 ,future electoral participation by the children of disenfranchised parents may be impacted as well4 7#ac7 ,the ,united ,states is the only ,western democracy that permits the permanent denial of voting rights for individuals with felony convictions4 #ejgjc4 ,rights of citizens ,the right of an individual who is a citizen of the ,united ,states to vote in any election for ,federal office shall not be denied or abridged because that individual has been convicted of a criminal offense unless such individual is serving a felony sentence in a correctional institution or facility at the time of the election4 #ejgjd4 ,enforcement 7a7 ,attorney general ,the ,attorney ,general may1 in a civil action1 obtain such declaratory or injunctive relief as is necessary to remedy a violation of this subtitle4 7b7 ,private right of action 7#a7 ,in general ,a person who is aggrieved by a violation of this subtitle may provide written notice of the violation to the chief election official of the ,state involved4 7#b7 ,relief ,except as provided in paragraph 7#c71 if the violation is not corrected within #ij days after receipt of a notice under paragraph 7#a71 or within #bj days after receipt of the notice if the violation occurred within #abj days before the date of an election for ,federal office1 the aggrieved person may1 in a civil action1 obtain declaratory or injunctive relief with respect to the violation4 7#c7 ,exception ,if the violation occurred within #cj days before the date of an election for ,federal office1 the aggrieved person need not provide notice to the chief election official of the ,state under paragraph 7#a7 before bringing a civil action to obtain declaratory or injunctive relief with respect to the violation4 #ejgje4 ,notification of restoration of voting rights 7a7 ,state notification 7#a7 ,notification ,on the date determined under paragraph 7#b71 each ,state shall notify in writing any individual who has been convicted of a criminal offense under the law of that ,state that such individual has the right to vote in an election for ,federal office pursuant to the ,democracy ,restoration ,act of #bjai and may register to vote in any such election and provide such individuals with any materials that are necessary to register to vote in any such election4 7#b7 ,date of notification 7,a7 ,felony conviction ,in the case of such an individual who has been convicted of a felony1 the notification required under paragraph 7#a7 shall be given on the date on which the individual-- 7i7 is sentenced to serve only a term of probation2 or 7ii7 is released from the custody of that ,state 7other than to the custody of another ,state or the ,federal ,government to serve a term of imprisonment for a felony conviction74 7,b7 ,misdemeanor conviction ,in the case of such an individual who has been convicted of a misdemeanor1 the notification required under paragraph 7#a7 shall be given on the date on which such individual is sentenced by a ,state court4 7b7 ,federal notification 7#a7 ,notification ,any individual who has been convicted of a criminal offense under ,federal law shall be notified in accordance with paragraph 7#b7 that such individual has the right to vote in an election for ,federal office pursuant to the ,democracy ,restoration ,act of #bjai and may register to vote in any such election4 7#b7 ,date of notification 7,a7 ,felony conviction ,in the case of such an individual who has been convicted of a felony1 the notification required under paragraph 7#a7 shall be given-- 7i7 in the case of an individual who is sentenced to serve only a term of probation1 by the ,assistant ,director for the ,office of ,probation and ,pretrial ,services of the ,administrative ,office of the ,united ,states ,courts on the date on which the individual is sentenced2 or 7ii7 in the case of any individual committed to the custody of the ,bureau of ,prisons1 by the ,director of the ,bureau of ,prisons1 during the period beginning on the date that is #f months before such individual is released and ending on the date such individual is released from the custody of the ,bureau of ,prisons4 7,b7 ,misdemeanor conviction ,in the case of such an individual who has been convicted of a misdemeanor1 the notification required under paragraph 7#a7 shall be given on the date on which such individual is sentenced by a court established by an ,act of ,congress4 #ejgjf4 ,definitions ,for purposes of this subtitle3 7#a7 ,correctional institution or facility ,the term correctional institution or facility means any prison1 penitentiary1 jail1 or other institution or facility for the confinement of individuals convicted of criminal offenses1 whether publicly or privately operated1 except that such term does not include any residential community treatment center 7or similar public or private facility74 7#b7 ,election ,the term election means-- 7,a7 a general1 special1 primary1 or runoff election2 7,b7 a convention or caucus of a political party held to nominate a candidate2 7,c7 a primary election held for the selection of delegates to a national nominating convention of a political party2 or 7,d7 a primary election held for the expression of a preference for the nomination of persons for election to the office of ,president4 7#c7 ,federal office ,the term ,federal office means the office of ,president or ,vice ,president of the ,united ,states1 or of ,senator or ,representative in1 or ,delegate or ,resident ,commissioner to1 the ,congress of the ,united ,states4 7#d7 ,probation ,the term probation means probation1 imposed by a ,federal1 ,state1 or local court1 with or without a condition on the individual involved concerning-- 7,a7 the individual's freedom of movement2 7,b7 the payment of damages by the individual2 7,c7 periodic reporting by the individual to an officer of the court2 or 7,d7 supervision of the individual by an officer of the court4 #ejgjg4 ,relation to other laws 7a7 ,state laws relating to voting rights ,nothing in this subtitle shall be construed to prohibit the ,states from enacting any ,state law which affords the right to vote in any election for ,federal office on terms less restrictive than those established by this subtitle4 7b7 ,certain ,federal ,acts ,the rights and remedies established by this subtitle are in addition to all other rights and remedies provided by law1 and neither rights and remedies established by this subtitle shall supersede1 restrict1 or limit the application of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcja et seq471 the ,national ,voter ,registration ,act 7#eb ,u4,s4,c4 #bjeja71 or the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bjija et seq474 #ejgjh4 ,federal prison funds ,no ,state1 unit of local government1 or other person may receive or use1 to construct or otherwise improve a prison1 jail1 or other place of incarceration1 any ,federal funds unless that ,state1 unit of local government1 or person-- 7#a7 is in compliance with section #ejgjc2 and 7#b7 has in effect a program under which each individual incarcerated in that person's jurisdiction who is a citizen of the ,united ,states is notified1 upon release from such incarceration1 of that individual's rights under section #ejgjc4 #ejgji4 ,effective date ,this subtitle shall apply to citizens of the ,united ,states voting in any election for ,federal office held on or after the date of the enactment of this ,act4 ,h ,securing and ,heightening the ,integrity of our ,elections and ,lawful ,democracy #ejhja4 ,short title ,this subtitle may be cited as the ,securing and ,heightening the ,integrity of our ,elections and ,lawful ,democracy ,act4 #ejhjb4 ,election integrity ,subsection 7d7 of section #bja of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aba7 is amended by adding at the end the following new paragraph3 7#bg7 7,a7 ,to coordinate cybersecurity efforts between the ,department and political campaign committees in order to-- 7i7 develop a program to update computer security at political campaign committees2 7ii7 share information on cybersecurity risks with such committees2 7iii7 provide guest lecturer programs in which professional computer security experts instruct campaign professionals on how best to defend against cybersecurity risks2 and 7iv7 establish an ,election ,security ,board of ,advisors to make recommendations about securing elections against cybersecurity risks4 7,b7 ,in this paragraph-- 7i7 the term cybersecurity risk has the meaning given such term in section #bbg2 and 7ii7 the term political campaign committee means-- 7,i7 a political committee under the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaja et seq471 including a political committee of a national1 ,state1 or local political party2 and 7,,ii7 a campaign committee of a candidate for election for ,state or local office4 4 ,i ,e-,security ,fellows #ejija4 ,short title ,this subtitle may be cited as the ,e-,security ,fellows ,act4 #ejijb4 ,e-,security ,fellows ,program to provide political campaign staff with training on best practices for election cybersecurity 7a7 ,establishment and operation of program ,subtitle ,c of title ,,ii of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bjiha et seq47 is amended-- 7#a7 by redesignating section #bdg as section #bdh2 and 7#b7 by inserting after section #bdf the following new section3 #bdg4 ,e-,security ,fellows ,program 7a7 ,establishment and operation of ,program ,the ,commission shall establish and operate a program to be known as the ,e-,security ,fellows ,program under which the ,commission shall provide participating individuals who work on political campaigns with training in the best practices for election cybersecurity1 including training in how to prevent and respond to cybersecurity threats and incidents which are targeted at political campaigns4 7b7 ,regulations ,the ,commission shall establish and operate the ,program under this section in accordance with such regulations as the ,commission may promulgate4 7c7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year #bjbj and each succeeding fiscal year4 4 7b7 ,clerical amendment ,the table of contents of such ,act is amended-- 7#a7 by redesignating the item relating to section #bdg as relating to section #bdh2 and 7#b7 by inserting after the item relating to section #bdf the following new item3 ,sec4 #bdg4 ,e-,security ,fellows ,program4 4 ,j ,deceptive ,practices and ,voter ,intimidation ,prevention #eajja4 ,short title ,this subtitle may be cited as the ,deceptive ,practices and ,voter ,intimidation ,prevention ,act of #bjbj4 #eajjb4 ,findings ,congress makes the following findings3 7#a7 ,the right to vote by casting a ballot for one's preferred candidate is a fundamental right accorded to ,united ,states citizens by the ,constitution1 and the unimpeded exercise of this right is essential to the functioning of our democracy4 7#b7 ,historically1 certain citizens1 especially racial1 ethnic1 and language minorities1 were prevented from voting because of significant barriers such as literacy tests1 poll taxes1 and property ownership requirements4 7#c7 ,some of these barriers were removed by the #aeth1 #aith1 and #bdth ,amendments to the ,constitution4 7#d7 ,despite the elimination of some of these barriers to the polls1 the integrity of today's elections is threatened by newer tactics aimed at suppressing voter turnout4 ,these tactics include deceptive practices1 which involve the dissemination of false or misleading information intended to prevent voters from casting their ballots1 prevent voters from voting for the candidate of their choice1 intimidate the electorate1 and undermine the integrity of the electoral process4 7#e7 ,furthermore1 since the decision in ,shelby ,county v4 ,holder in which the ,supreme ,court struck down the coverage formula used by the ,voting ,rights ,act of #aife to determine which ,states with a history of racial discrimination must affirmatively receive government permission before changing local voting laws1 there have been ,federal court decisions finding or affirming that ,states or localities intentionally discriminated against ,african ,americans and other voters of color4 7#f7 ,denials of the right to vote1 and deceptive practices designed to prevent members of racial1 ethnic1 and language minorities from exercising that right1 are an outgrowth of discriminatory history1 including slavery4 ,measures to combat denials of that right are a legitimate exercise of congressional power under article ,i1 section #d and article ,,ii1 section #a of1 and the #adth and #aeth ,amendments to1 the ,united ,states ,constitution4 7#g7 ,for the last few decades1 there have been a number of instances of deceptive or intimidating practices aimed towards suppressing minority access to the voting booth that demonstrates the need for strengthened protections4 7#h7 ,in addition1 in at least one instance in #aiij1 thousands of voters reportedly received postcards providing false information about voter eligibility and warnings about criminal penalties for voter fraud4 ,most of the voters who received the postcards were ,african ,american4 7#i7 ,during the #bjjd elections1 ,native ,american voters in ,south ,dakota reported being required to provide photographic identification in order to vote1 despite the fact that neither ,state nor ,federal law required such identification4 7#aj7 ,in the #bjjf midterm elections1 thousands of ,latino voters received mailings warning them in ,spanish that voting in a ,federal election as an immigrant could result in incarceration--despite the fact that any immigrant who is a naturalized citizen of the ,united ,states has the same right to vote as any other citizen4 7#aa7 ,in #bjjh1 fliers were distributed in predominantly ,african-,american neighborhoods falsely warning that people with outstanding warrants or unpaid parking tickets could be arrested if they showed up at the polls on ,election ,day4 ,in the same year1 there were reports of people receiving text messages on ,election ,day asking them to wait until the following day to vote4 7#ab7 ,in #bjab1 there were reports of voters receiving calls falsely informing them that they could vote via telephone4 7#ac7 ,in the #bjaf elections1 there were reports of students receiving fliers stating that in order to vote in a local precinct1 they had to pay to change their driver's license and re-register vehicles in the city in which the precinct was located4 7#ad7 ,those responsible for these and similar efforts should be held accountable1 and civil and criminal penalties should be available to punish anyone who seeks to keep voters away from the polls by providing false information4 7#ae7 ,moreover1 the ,federal ,government should help correct such false information in order to assist voters in exercising their right to vote without confusion and to preserve the integrity of the electoral process4 7#af7 ,the ,federal ,government has a compelling interest in protecting voters from confusion and undue influence and in preserving the integrity of its election process4 ,burson v4 ,freeman1 #ejd ,u4,s4 #aia1 #aii 7#aiib74 7#ag7 ,the ,first ,amendment does not preclude the regulation of some intentionally false speech1 even if it is political in nature4 ,as the ,supreme ,court of the ,united ,states has recognized1 that speech is used as a tool for political ends does not automatically bring it under the protective mantle of the ,constitution4 ,for the use of the known lie as a tool is at once at odds with the premises of democratic government and with the orderly manner in which economic1 social1 or political change is to be effected ''' 4 ,hence the knowingly false statement and the false statement made with reckless disregard of the truth1 do not enjoy constitutional protection44 ,garrison v4 ,louisiana1 #cgi ,u4,s4 #fd1 #ge 7#aifd74 #eajjc4 ,prohibition on deceptive practices in ,federal elections 7a7 ,prohibition ,subsection 7b7 of section #bjjd of the ,revised ,statutes 7#eb ,u4,s4,c4 #ajaja7;b77 is amended-- 7#a7 by striking ,no person and inserting the following3 7#a7 ,in general ,no person 2 and 7#b7 by inserting at the end the following new paragraphs3 7#b7 ,false statements regarding ,federal elections 7,a7 ,prohibition ,no person1 whether acting under color of law or otherwise1 shall1 within #fj days before an election described in paragraph 7#e71 by any means1 including by means of written1 electronic1 or telephonic communications1 communicate or cause to be communicated information described in subparagraph 7,b71 or produce information described in subparagraph 7,b7 with the intent that such information be communicated1 if such person-- 7i7 knows such information to be materially false2 and 7ii7 has the intent to impede or prevent another person from exercising the right to vote in an election described in paragraph 7#e74 7,b7 ,information described ,information is described in this subparagraph if such information is regarding-- 7i7 the time1 place1 or manner of holding any election described in paragraph 7#e72 or 7ii7 the qualifications for or restrictions on voter eligibility for any such election1 including-- 7,i7 any criminal penalties associated with voting in any such election2 or 7,,ii7 information regarding a voter's registration status or eligibility4 7#c7 ,false statements regarding public endorsements 7,a7 ,prohibition ,no person1 whether acting under color of law or otherwise1 shall1 within #fj days before an election described in paragraph 7#e71 by any means1 including by means of written1 electronic1 or telephonic communications1 communicate1 or cause to be communicated1 a materially false statement about an endorsement1 if such person-- 7i7 knows such statement to be false2 and 7ii7 has the intent to impede or prevent another person from exercising the right to vote in an election described in paragraph 7#e74 7,b7 ,definition of materially false ,for purposes of subparagraph 7,a71 a statement about an endorsement is materially false if1 with respect to an upcoming election described in paragraph 7#e7-- 7i7 the statement states that a specifically named person1 political party1 or organization has endorsed the election of a specific candidate for a ,federal office described in such paragraph2 and 7ii7 such person1 political party1 or organization has not endorsed the election of such candidate4 7#d7 ,hindering1 interfering with1 or preventing voting or registering to vote ,no person1 whether acting under color of law or otherwise1 shall intentionally hinder1 interfere with1 or prevent another person from voting1 registering to vote1 or aiding another person to vote or register to vote in an election described in paragraph 7#e74 7#e7 ,election described ,an election described in this paragraph is any general1 primary1 run-off1 or special election held solely or in part for the purpose of nominating or electing a candidate for the office of ,president1 ,vice ,president1 presidential elector1 ,member of the ,senate1 ,member of the ,house of ,representatives1 or ,delegate or ,commissioner from a ,territory or possession4 4 7b7 ,private right of action 7#a7 ,in general ,subsection 7c7 of section #bjjd of the ,revised ,statutes 7#eb ,u4,s4,c4 #ajaja7;c77 is amended-- 7,a7 by striking ,whenever any person and inserting the following3 7#a7 ,whenever any person 2 and 7,b7 by adding at the end the following new paragraph3 7#b7 ,any person aggrieved by a violation of subsection 7b77#b71 7b77#c71 or 7b77#d7 may institute a civil action for preventive relief1 including an application in a ,united ,states district court for a permanent or temporary injunction1 restraining order1 or other order4 ,in any such action1 the court1 in its discretion1 may allow the prevailing party a reasonable attorney's fee as part of the costs4 4 7#b7 ,conforming amendments 7,a7 ,subsection 7e7 of section #bjjd of the ,revised ,statutes 7#eb ,u4,s4,c4 #ajaja7;e77 is amended by striking subsection 7c7 and inserting subsection 7c77#a74 7,b7 ,subsection 7g7 of section #bjjd of the ,revised ,statutes 7#eb ,u4,s4,c4 #ajaja7;g77 is amended by striking subsection 7c7 and inserting subsection 7c77#a74 7c7 ,criminal penalties 7#a7 ,deceptive acts ,section #eid of title #ah1 ,united ,states ,code1 is amended-- 7,a7 by striking ,whoever and inserting the following3 7a7 ,intimidation ,whoever 2 7,b7 in subsection 7a71 as inserted by subparagraph 7,a71 by striking at any election and inserting at any general1 primary1 run-off1 or special election2 and 7,c7 by adding at the end the following new subsections3 7b7 ,deceptive acts 7#a7 ,false statements regarding ,federal elections 7,a7 ,prohibition ,it shall be unlawful for any person1 whether acting under color of law or otherwise1 within #fj days before an election described in subsection 7e71 by any means1 including by means of written1 electronic1 or telephonic communications1 to communicate or cause to be communicated information described in subparagraph 7,b71 or produce information described in subparagraph 7,b7 with the intent that such information be communicated1 if such person-- 7i7 knows such information to be materially false2 and 7ii7 has the intent to mislead voters1 or the intent to impede or prevent another person from exercising the right to vote in an election described in subsection 7e74 7,b7 ,information described ,information is described in this subparagraph if such information is regarding-- 7i7 the time or place of holding any election described in subsection 7e72 or 7ii7 the qualifications for or restrictions on voter eligibility for any such election1 including-- 7,i7 any criminal penalties associated with voting in any such election2 or 7,,ii7 information regarding a voter's registration status or eligibility4 7#b7 ,penalty ,any person who violates paragraph 7#a7 shall be fined not more than #ajj1jjj1 imprisoned for not more than #e years1 or both4 7c7 ,hindering1 interfering with1 or preventing voting or registering ,to vote 7#a7 ,prohibition ,it shall be unlawful for any person1 whether acting under color of law or otherwise1 to corruptly hinder1 interfere with1 or prevent another person from voting1 registering to vote1 or aiding another person to vote or register to vote in an election described in subsection 7e74 7#b7 ,penalty ,any person who violates paragraph 7#a7 shall be fined not more than #ajj1jjj1 imprisoned for not more than #e years1 or both4 7d7 ,attempt ,any person who attempts to commit any offense described in subsection 7a71 7b77#a71 or 7c77#a7 shall be subject to the same penalties as those prescribed for the offense that the person attempted to commit4 7e7 ,election described ,an election described in this subsection is any general1 primary1 run-off1 or special election held solely or in part for the purpose of nominating or electing a candidate for the office of ,president1 ,vice ,president1 presidential elector1 ,member of the ,senate1 ,member of the ,house of ,representatives1 or ,delegate or ,commissioner from a ,territory or possession4 4 7#b7 ,modification of penalty for voter intimidation ,section #eid7;a7 of title #ah1 ,united ,states ,code1 as amended by paragraph 7#a71 is amended by striking fined under this title or imprisoned not more than one year and inserting fined not more than #ajj1jjj1 imprisoned for not more than #e years4 7#c7 ,sentencing guidelines 7,a7 ,review and amendment ,not later than #ahj days after the date of enactment of this ,act1 the ,united ,states ,sentencing ,commission1 pursuant to its authority under section #iid of title #bh1 ,united ,states ,code1 and in accordance with this section1 shall review and1 if appropriate1 amend the ,federal sentencing guidelines and policy statements applicable to persons convicted of any offense under section #eid of title #ah1 ,united ,states ,code1 as amended by this section4 7,b7 ,authorization ,the ,united ,states ,sentencing ,commission may amend the ,federal ,sentencing ,guidelines in accordance with the procedures set forth in section #ba7;a7 of the ,sentencing ,act of #aihg 7#bh ,u4,s4,c4 #iid note7 as though the authority under that section had not expired4 7#d7 ,payments for refraining from voting ,subsection 7c7 of section #aa of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcjg7 is amended by striking either for registration to vote or for voting and inserting for registration to vote1 for voting1 or for not voting4 #eajjd4 ,corrective action 7a7 ,corrective action 7#a7 ,in general ,if the ,attorney ,general receives a credible report that materially false information has been or is being communicated in violation of paragraphs 7#b7 and 7#c7 of section #bjjd7;b7 of the ,revised ,statutes 7#eb ,u4,s4,c4 #ajaja7;b771 as added by section #eajjc7;a71 and if the ,attorney ,general determines that ,state and local election officials have not taken adequate steps to promptly communicate accurate information to correct the materially false information1 the ,attorney ,general shall1 pursuant to the written procedures and standards under subsection 7b71 communicate to the public1 by any means1 including by means of written1 electronic1 or telephonic communications1 accurate information designed to correct the materially false information4 7#b7 ,communication of corrective information ,any information communicated by the ,attorney ,general under paragraph 7#a7-- 7,a7 shall-- 7i7 be accurate and objective2 7ii7 consist of only the information necessary to correct the materially false information that has been or is being communicated2 and 7iii7 to the extent practicable1 be by a means that the ,attorney ,general determines will reach the persons to whom the materially false information has been or is being communicated2 and 7,b7 shall not be designed to favor or disfavor any particular candidate1 organization1 or political party4 7b7 ,written procedures and standards for taking corrective action 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,attorney ,general shall publish written procedures and standards for determining when and how corrective action will be taken under this section4 7#b7 ,inclusion of appropriate deadlines ,the procedures and standards under paragraph 7#a7 shall include appropriate deadlines1 based in part on the number of days remaining before the upcoming election4 7#c7 ,consultation ,in developing the procedures and standards under paragraph 7#a71 the ,attorney ,general shall consult with the ,election ,assistance ,commission1 ,state and local election officials1 civil rights organizations1 voting rights groups1 voter protection groups1 and other interested community organizations4 7c7 ,authorization of appropriations ,there are authorized to be appropriated to the ,attorney ,general such sums as may be necessary to carry out this subtitle4 #eajje4 ,reports to ,congress 7a7 ,in general ,not later than #ahj days after each general election for ,federal office1 the ,attorney ,general shall submit to ,congress a report compiling all allegations received by the ,attorney ,general of deceptive practices described in paragraphs 7#b71 7#c71 and 7#d7 of section #bjjd7;b7 of the ,revised ,statutes 7#eb ,u4,s4,c4 #ajaja7;b771 as added by section #eajjc7;a71 relating to the general election for ,federal office and any primary1 run-off1 or a special election for ,federal office held in the #b years preceding the general election4 7b7 ,contents 7#a7 ,in general ,each report submitted under subsection 7a7 shall include-- 7,a7 a description of each allegation of a deceptive practice described in subsection 7a71 including the geographic location1 racial and ethnic composition1 and language minority-group membership of the persons toward whom the alleged deceptive practice was directed2 7,b7 the status of the investigation of each allegation described in subparagraph 7,a72 7,c7 a description of each corrective action taken by the ,attorney ,general under section #eajjd7;a7 in response to an allegation described in subparagraph 7,a72 7,d7 a description of each referral of an allegation described in subparagraph 7,a7 to other ,federal1 ,state1 or local agencies2 7,e7 to the extent information is available1 a description of any civil action instituted under section #bjjd7;c77#b7 of the ,revised ,statutes 7#eb ,u4,s4,c4 #ajaja7;c77#b771 as added by section #eajjc7;b71 in connection with an allegation described in subparagraph 7,a72 and 7,f7 a description of any criminal prosecution instituted under section #eid of title #ah1 ,united ,states ,code1 as amended by section #eajjc7;c71 in connection with the receipt of an allegation described in subparagraph 7,a7 by the ,attorney ,general4 7#b7 ,exclusion of certain information 7,a7 ,in general ,the ,attorney ,general shall not include in a report submitted under subsection 7a7 any information protected from disclosure by rule #f7;e7 of the ,federal ,rules of ,criminal ,procedure or any ,federal criminal statute4 7,b7 ,exclusion of certain other information ,the ,attorney ,general may determine that the following information shall not be included in a report submitted under subsection 7a73 7i7 ,any information that is privileged4 7ii7 ,any information concerning an ongoing investigation4 7iii7 ,any information concerning a criminal or civil proceeding conducted under seal4 7iv7 ,any other nonpublic information that the ,attorney ,general determines the disclosure of which could reasonably be expected to infringe on the rights of any individual or adversely affect the integrity of a pending or future criminal investigation4 7c7 ,report made public ,on the date that the ,attorney ,general submits the report under subsection 7a71 the ,attorney ,general shall also make the report publicly available through the internet and other appropriate means4 #eajjf4 ,severability ,if any provision of this subtitle or any amendment made by this subtitle1 or the application of a provision or amendment to any person or circumstance1 is held to be unconstitutional1 the remainder of this subtitle and the amendments made by this subtitle1 and the application of the provisions and amendments to any person or circumstance1 shall not be affected by the holding4 ,k ,election ,day ,holiday #eaaja4 ,short title ,this subtitle may be cited as the ,election ,day ,holiday ,act of #bjbj4 #eaajb4 ,treatment of ,election ,day in same manner as legal public holiday for purposes of ,federal employment ,for purposes of any law relating to ,federal employment1 the ,tuesday next after the first ,monday in ,november in #bjbj and each even-numbered year thereafter shall be treated in the same manner as a legal public holiday described in section #fajc of title #e1 ,united ,states ,code4 #eaajc4 ,sense of ,congress regarding treatment of day by private employers ,it is the sense of ,congress that private employers in the ,united ,states should give their employees a day off on the ,tuesday next after the first ,monday in ,november in #bjbj and each even-numbered year thereafter to enable the employees to cast votes in the elections held on that day4 ,l ,stop ,automatically ,voiding ,eligible ,voters ,off ,their ,enlisted ,rolls in ,states #eabja4 ,short title ,this subtitle may be cited as the ,stop ,automatically ,voiding ,eligible ,voters ,off ,their ,enlisted ,rolls in ,states ,act or the ,save ,voters ,act4 #eabjb4 ,conditions for removal of voters from list of registered voters 7a7 ,conditions described ,the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjeja et seq47 is amended by inserting after section #h the following new section3 #h;,a4 ,conditions for removal of voters from official list of registered voters 7a7 ,verification on basis of objective and reliable evidence of ineligibility 7#a7 ,requiring verification ,notwithstanding any other provision of this ,act1 a ,state may not remove the name of any registrant from the official list of voters eligible to vote in elections for ,federal office in the ,state unless the ,state verifies1 on the basis of objective and reliable evidence1 that the registrant is ineligible to vote in such elections4 7#b7 ,factors not considered as objective and reliable evidence of ineligibility ,for purposes of paragraph 7#a71 the following factors1 or any combination thereof1 shall not be treated as objective and reliable evidence of a registrant's ineligibility to vote3 7,a7 ,the failure of the registrant to vote in any election4 7,b7 ,the failure of the registrant to respond to any notice sent under section #h7;d71 unless the notice has been returned as undeliverable4 7,c7 ,the failure of the registrant to take any other action with respect to voting in any election or with respect to the registrant's status as a registrant4 7b7 ,notice after removal 7#a7 ,notice to individual removed 7,a7 ,in general ,not later than #dh hours after a ,state removes the name of a registrant from the official list of eligible voters for any reason1 the ,state shall send notice of the removal to the former registrant1 and shall include in the notice the grounds for the removal and information on how the former registrant may contest the removal or be reinstated1 including a telephone number for the appropriate election official4 7,b7 ,exceptions ,subparagraph 7,a7 does not apply in the case of a registrant-- 7i7 who sends written confirmation to the ,state that the registrant is no longer eligible to vote in the registrar's jurisdiction in which the registrant was registered2 or 7ii7 who is removed from the official list of eligible voters by reason of the death of the registrant4 7#b7 ,public notice ,not later than #dh hours after conducting any general program to remove the names of ineligible voters from the official list of eligible voters 7as described in section #h7;a77#d771 the ,state shall disseminate a public notice through such methods as may be reasonable to reach the general public 7including by publishing the notice in a newspaper of wide circulation or posting the notice on the websites of the appropriate election officials7 that list maintenance is taking place and that registrants should check their registration status to ensure no errors or mistakes have been made4 ,the ,state shall ensure that the public notice disseminated under this paragraph is in a format that is reasonably convenient and accessible to voters with disabilities1 including voters who have low vision or are blind4 4 7b7 ,conditions for transmission of notices of removal ,section #h7;d7 of such ,act 7#eb ,u4,s4,c4 #bjejg7;d77 is amended by adding at the end the following new paragraph3 7#d7 ,a ,state may not transmit a notice to a registrant under this subsection unless the ,state obtains objective and reliable evidence 7in accordance with the standards for such evidence which are described in section #h;,a7a77#b77 that the registrant has changed residence to a place outside the registrar's jurisdiction in which the registrant is registered4 4 7c7 ,conforming amendments 7#a7 ,national ,voter ,registration ,act of #aiic ,section #h7;a7 of such ,act 7#eb ,u4,s4,c4 #bjejg7;a77 is amended-- 7,a7 in paragraph 7#c71 by striking provide and inserting subject to section #h;,a1 provide2 and 7,b7 in paragraph 7#d71 by striking conduct and inserting subject to section #h;,a1 conduct4 7#b7 ,help ,america ,vote ,act of #bjjb ,section #cjc7;a77#d77;,a7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajhc7;a77#d77;,a77 is amended by striking 1 registrants and inserting 1 and subject to section #h;,a of such ,act1 registrants4 7d7 ,effective date ,the amendments made by this section shall take effect on the date of the enactment of this ,act4 ,m ,vote,safe #eacja4 ,short title ,this subtitle may be cited as the ,vote,safe ,act of #bjbj4 #eacjb4 ,findings ,congress finds the following3 7#a7 ,the right to vote is the foundation of ,american democracy4 ,voting provides the citizenry with a vital check on their elected officials and grants people the political power necessary to exercise and defend the rights guaranteed by the ,united ,states ,constitution4 7#b7 ,the ,elections ,clause of the ,united ,states ,constitution gives ,congress sweeping power to regulate the time1 place1 and manner of ,federal elections 7,article ,i1 section #d of the ,constitution of the ,united ,states2 see also ,arizona v4 ,inter ,tribal ,council of ,arizona1 ,inc41 #egj ,u4,s4 #a 7#bjac774 ,congress also has enforcement power under the ,fourteenth and ,fifteenth ,amendments of the ,constitution of the ,united ,states4 7#c7 ,as ,dr4 ,martin ,luther ,king1 ,jr41 explained in a speech delivered on ,may #ag1 #aieg1 ,so long as ,i do not firmly and irrevocably possess the right to vote ,i do not possess myself4 ,i cannot make up my mind--it is made up for me4 ,i cannot live as a democratic citizen1 observing the laws ,i have helped to enact--,i can only submit to the edict of others44 7#d7 ,the right to vote was not guaranteed to all ,americans at our ,nation's founding4 ,the ratification of the ,fifteenth and ,nineteenth ,amendments1 the civil rights movement's struggle for justice and equality1 and the enactment of the ,voting ,rights ,act of #aife and its subsequent amendments succeeded in expanding access to the franchise4 7#e7 ,unfortunately1 the barriers faced by voters who have historically experienced the greatest obstacles to voting are exacerbated by the coronavirus 7,,covid-#ai7 pandemic4 7#f7 ,strategies to mitigate the spread of ,,covid-#ai include social distancing1 a practice that requires individuals to maintain a distance between themselves and other people in order to avoid acquiring or transmitting the virus4 ,the need to embrace such precautions will require ,states to quickly modify voting processes to minimize person-to-person contact4 7#g7 ,voting by mail is a critical part of the solution and must be expanded as quickly as possible1 not simply as a means of ensuring access during public health emergencies1 but also as a means of expanding access to the franchise to those whose work1 health1 or ability to access the ballot may be limited4 7#h7 ,however1 safe and secure in-person voting remains vitally important for large groups of voters1 including voters with disabilities1 language minority voters1 ,american ,indian and ,alaska ,native voters1 and ,african-,american voters4 7#i7 ,the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq47 and the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gja et seq47 require that individuals with disabilities have equal access to every aspect of the voting process4 ,vote-by-mail poses various accessibility challenges for voters with disabilities1 including blind1 low-vision1 or other print-disabled voters who may require in-person voting or assistive technology in order to privately and independently mark their ballots4 ,remedies for voters with disabilities require an investment of resources to ensure ,state and local election websites1 online voter registration portals1 and vote-by-mail systems are accessible2 that in-person voting locations permit a safe1 dignified1 and accessible voting experience2 and that the right of voters with disabilities to a secret ballot is not sacrificed due to the pandemic4 7#aj7 ,language minority voters face unique barriers to voting that require additional resources and support to ensure full and equal access1 including additional resources to ensure local compliance with the language minority voting protections in section #bjc of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajejc7 and greater language assistance services1 including additional bilingual or multilingual poll workers and election workers4 7#aa7 ,american ,indian and ,alaska ,native voters face unique obstacles in a vote-by-mail system4 ,tribal communities in rural areas often do not have traditional residential mailing addresses and have limited access to transportation4 ,tribal members have distant rural post offices1 slow mail routes1 limited numbers of post office operation1 and too few post office boxes4 ,as a result1 rural ,tribal communities require distinct voting accommodations to ensure participation in a vote-by-mail system4 7#ab7 ,finally1 in-person voting holds great significance for ,african-,american voters1 for whom the right to vote was hard won4 ,african ,americans have been excluded from the franchise through ,state and local laws1 poll taxes1 voting literacy tests1 physical violence1 and lynchings4 ,for many ,african-,american voters today1 casting a ballot at one's polling place is a solemn ritual that honors those who sacrificed their safety and their lives in order to secure the right to vote4 ,however1 ,,covid-#ai poses substantial risks to the ,african-,american population and has infected and killed ,african ,americans in the ,united ,states at disproportionately high rates1 highlighting longstanding inequalities in resources and access to health care4 7#ac7 ,social distancing designed to curb the ,,covid-#ai pandemic will also greatly impact in-person voter registration efforts1 including voter registration drives and voter registration services required by the ,national ,voter ,registration ,act4 ,many government offices1 like ,state departments of motor vehicles1 are currently closed to in-person traffic and are likely to remain closed for an indefinite period of time in #bjbj4 7#ad7 ,therefore1 it is appropriate for ,congress to expand no-excuse absentee vote-by-mail while also ensuring the safety and accessibility of in-person voting and voter registration during exigent circumstances1 including the current pandemic4 #eacjc4 ,requirements for no-excuse absentee voting1 early in-person voting1 and plan to ensure polling places implement ,,cdc guidance for ,federal elections in #bjbj 7a7 ,applicable ,federal election ,for purposes of this section1 the term applicable ,federal election means any election for ,federal office which occurs on or after the date that is #fj days after the date of the enactment of this ,act and before ,january #a1 #bjbc4 7b7 ,requirements ,in the case of any applicable ,federal election1 each ,state and local jurisdiction shall-- 7#a7 permit no-excuse mail-in absentee voting as described in subsection 7c72 7#b7 maintain an early in-person voting period as described in subsection 7d72 and 7#c7 establish a plan as described in subsection 7e7 with respect to in-person voting1 including during early voting periods and on the day of the election4 7c7 ,no-,excuse mail-,in absentee voting 7#a7 ,in general ,no-excuse mail-in absentee voting meets the requirements described in this subsection with respect to an applicable ,federal election1 if the ,state-- 7,a7 provides a no-excuse mail-in ballot to every registered voter who requests such a ballot 7or1 in the case of any ,state that does not register voters1 to every individual who is eligible to vote and requests such a ballot72 7,b7 allows voters to request a mail-in ballot online2 7,c7 if the ,state requires a signature for absentee ballots1 allows voters to sign the ballot by providing a mark or signature stamp or by providing a signature with the use of an assistant because of age1 disability1 or other need2 7,d7 accepts and counts ballots received before the ,state's certification deadline if the ballot-- 7i7 is postmarked by the date of the election2 or 7ii7 includes an indication that it was mailed by the date of the election2 7,e7 provides a pre-paid and self-sealing return envelope for each ballot furnished by mail2 7,f7 beginning with the date that is #de days before the date of the election and ending with the time that polls close on the date of the election1 provides in-person1 secured drop boxes2 7,g7 before discarding any absentee ballot for error or technicalities 7including the failure to meet any signature matching requirement that is unrelated to voter qualification7-- 7i7 notifies the voter of any such defects2 and 7ii7 provides the voter an opportunity to cure such defects that-- 7,i7 is uniform among all voters in the ,state2 and 7,,ii7 in the case of any error relating to a signature requirement1 meets the requirements of paragraph 7#b72 7,h7 in the case of any voter with disabilities-- 7i7 provides the voter with access to ,remote ,access ,vote ,by ,mail 7,,ravbm7 systems1 ballot marking software1 and screen reading software2 and 7ii7 allows the voter to receive assistance from a person of their choosing to complete and submit a mail-in ballot2 and 7,i7 ensures adequate support for language minority voters1 including multilingual versions of vote-by-mail materials and language assistance services4 7#b7 ,requirements relating to signature defects ,the requirements of this paragraph relating to any defect described in paragraph 7#a77;,g77ii77,,ii7 are the following3 7,a7 ,except as provided in subparagraph 7,b71 the voter shall be allowed to cure the defect through the same form of communication with respect to which the notice of such defect is provided4 7,b7 ,in any case in which a required signature is missing1 the voter shall be provided an opportunity to provide such signature on a form provided by the ,state4 7,c7 ,any determination of the validity of the ballot shall be made by a group of #b or more election officials4 7,d7 ,the voter shall have the opportunity to appeal any rejection of the ballot based on the defect4 7d7 ,early in-,person voting period ,the early in-person voting period described in this subsection with respect to an applicable ,federal election is a period of at least #bj days4 ,such period must include at least one ,saturday and one ,sunday4 ,for each day of early in-person voting during such period1 polls must be open for a minimum of #aj hours1 including hours before and after the standard work day4 7e7 ,plan ,to implement ,,cdc guidance 7#a7 ,in general ,the requirement described in this subsection with respect to in person voting is met if the ,state establishes a plan to ensure that polling places are implementing ,centers for ,disease ,control and ,prevention guidance relating to ,,covid-#ai preparedness4 ,such plan must be finalized and approved by the ,state within #cj days of the date of enactment of this ,act4 7#b7 ,minimum requirements ,at a minimum1 a ,state plan established under this subsection must include a plan-- 7,a7 to keep as many voting locations as possible open during the pandemic2 7,b7 to prepare polling locations to implement social distancing protocols in lines and at voting booths2 7,c7 to provide sufficient quantities of hygiene and cleaning supplies at polling locations2 7,d7 to increase the number of-- 7i7 paper ballots and provisional ballots 7including the numbers of such ballots that are translated1 multilingual1 or in-language ballots7 available at each polling place2 and 7ii7 disposable ballot marking utensils available at each polling place2 7,e7 to provide masks and other personal protective equipment to poll workers2 7,f7 to provide additional compensation to poll workers during the pandemic2 7,g7 to increase the number of poll workers who can reliably staff voting locations2 7,h7 to provide training to poll workers on pandemic conditions and ,,covid-#ai preparedness2 and 7,i7 to educate voters on changes to procedures or voting opportunities during the pandemic4 7f7 ,private right of action ,any person aggrieved by a violation of paragraph 7#a7 or 7#b7 of subsection 7a7 7relating to requirements for no-excuse mail-in absentee voting and early in-person voting period7 may bring an action for all appropriate remedies1 including injunctive relief and compensatory and punitive damages1 in a ,federal district court of competent jurisdiction4 7g7 ,payments to ,states ,to carry out requirements 7#a7 ,in general ,the ,election ,assistance ,commission shall make a payment to each ,state to carry out the requirements under this section4 ,such payments shall be made not later than #cj days after the date of enactment of this ,act4 7#b7 ,amount of payment 7,a7 ,in general ,the amount of payment made to a ,state under this subsection shall be the voting age population proportion amount described in subparagraph 7,b74 7,b7 ,voting age population proportion amount 7i7 ,in general ,the voting age population proportion amount described in this paragraph is the product of-- 7,i7 the amount made available for payments under paragraph 7#c7 section2 and 7,,ii7 the voting age population proportion for the ,state 7as defined in clause 7ii774 7ii7 ,voting age population proportion defined ,the term voting age population proportion means1 with respect to any ,state1 the amount equal to the quotient of-- 7,i7 the voting age population of the ,state 7as determined by the most recent ,american ,community ,survey conducted by the ,bureau of the ,census72 and 7,,ii7 the total voting age population of all ,states 7as determined by the most recent ,american ,community ,survey conducted by the ,bureau of the ,census74 7#c7 ,funding ,there are authorized to be appropriated to make payments under this subsection #b1ejj1jjj1jjj for fiscal year #bjbb4 #eacjd4 ,grants to promote safe1 accessible1 and efficient in-person voting 7a7 ,in general ,subtitle ,d of title ,,ii of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajja et seq47 is amended by adding at the end the following3 ,,vii ,grant ,program ,to ,promote ,safe1 ,accessible1 and ,efficient ,in-,person ,voting #big4 ,payments to ,states 7a7 ,in general ,the ,commission shall make a payment to each eligible ,state 7as described in section #bih7;a774 ,such payments shall be made not later than #cj days after the date of enactment of this part4 7b7 ,use of funds ,an eligible ,state shall use the payment received under this part to carry out one or more of the authorized activities described in section #bih7;b7 with respect to elections for ,federal office4 7c7 ,amount of payment 7#a7 ,in general ,the amount of payment made to an eligible ,state under this section shall be the voting age population proportion amount described in paragraph 7#b7 plus any additional amount determined by the ,commission under paragraph 7#c74 7#b7 ,voting age population proportion amount 7,a7 ,in general ,the voting age population proportion amount described in this paragraph is the product of-- 7i7 the aggregate amount made available for payments under this section minus the total of all of the additional payment amounts determined under paragraph 7#c72 and 7ii7 the voting age population proportion for the ,state 7as defined in subparagraph 7,b774 7,b7 ,voting age population proportion defined ,the term voting age population proportion means1 with respect to an eligible ,state1 the amount equal to the quotient of-- 7i7 the voting age population of the ,state 7as determined by the most recent ,american ,community ,survey conducted by the ,bureau of the ,census72 and 7ii7 the total voting age population of all ,states 7as determined by the most recent ,american ,community ,survey conducted by the ,bureau of the ,census74 7#c7 ,determination of additional amount based on needs of voting age population in ,state ,the ,commission shall1 with respect to each eligible ,state1 determine an amount of payment for the ,state in addition to the amount determined under paragraph 7#b7 based on the needs of the voting age population in the ,state4 ,in determining such additional amount of payment with respect to an eligible ,state1 the ,commission shall take into account-- 7,a7 the number of individuals with income below #bej percent of the poverty line applicable to a family of the size involved 7as determined under section #fgc7b7 of the ,community ,services ,block ,grant ,act 7#db ,u4,s4,c4 #iijb7b7772 7,b7 the number of individuals in the voting age population of the ,state covered by section #bjc of the ,voting ,rights ,act 7#eb ,u4,s4,c4 #ajejc72 7,c7 the number of individuals with a disability as defined in section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb72 7,d7 the number of individuals who live in a nonmetropolitan area 7as determined by the ,bureau of the ,census72 and 7,e7 the number of individuals who belong to an ,indian tribe 7as such term is defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd774 7#d7 ,distribution of funds to units of local government ,at least #gj percent of funds provided to a ,state under this part shall be distributed to units of local government to carry out one or more of the authorized activities described in section #bih7;b7 with respect to elections for ,federal office4 #bih4 ,eligibility for payment2 authorized activities 7a7 ,in general ,each ,state that desires to receive a payment under this part shall submit a certification of intent to use such funds for at least one of the authorized activities described in subsection 7b7 with respect to elections for ,federal office4 7b7 ,authorized activities described ,funds provided under this part shall be used for one or more of the following authorized activities3 7#a7 ,funding to ensure elections are accessible during pandemic ,ensuring voters can safely access polling sites during the ,,covid-#ai pandemic1 including-- 7,a7 expanding the number of voting locations1 as well as the days and hours of early in-person voting2 7,b7 providing mobile voting centers and temporary voting stations1 including advance notice of schedule and locations2 7,c7 increasing the ratio of machines and poll workers to voters in each precinct2 7,d7 preparing polling locations to implement social distancing protocols in lines and voting booths2 7,e7 providing sufficient quantities of hygiene and cleaning supplies1 including materials to sanitize voting machines after each use2 7,f7 increasing the number of paper ballots available at each polling location2 7,g7 providing masks1 gloves1 and other personal protective equipment to poll workers2 7,h7 increasing pay for poll workers during the ,,covid-#ai pandemic2 and 7,i7 providing voter education on changes or improvements to election procedures1 accessibility1 or voting opportunities during the pandemic4 7#b7 ,funding to ensure elections are accessible to individuals with disabilities during pandemic ,ensuring voters can safely register1 access polling sites1 and vote by mail during the ,,covid-#ai pandemic1 in accordance with this ,act1 the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq471 the ,voting ,accessibility for the ,elderly and ,handicapped ,act 7#db ,u4,s4,c4 #aigc;ee et seq471 and other applicable law1 by improving polling place accessibility and providing accommodations for individuals with disabilities1 including-- 7,a7 purchasing ,remote ,access ,vote ,by ,mail 7,,ravbm7 systems1 ballot marking devices and software1 and screen reading software1 and making them available to voters with disabilities2 7,b7 equipping polling locations with technologies that enable individuals with disabilities to privately and independently mark1 verify1 and cast their ballots1 including through the availability of ballot marking devices1 headsets1 controllers1 and other assistive devices2 7,c7 making permanent or temporary modifications to render polling places accessible2 7,d7 ensuring appropriate polling place siting to avoid locations that pose higher health risks to the public2 7,e7 conducting analysis on polling place reconfiguration to account for social distancing and implementing changes2 7,f7 providing training for poll workers on how to best serve individuals during the pandemic1 including specialized training for serving individuals with disabilities2 7,g7 assessing the accessibility of election websites and remediating any accessibility problems to ensure voter information is clear and accessible2 and 7,h7 providing fully accessible online voter registration services4 7#c7 ,funding to ensure continuing protections for language minority voters ,ensuring continuing protections for language minority voters1 including-- 7,a7 ensuring compliance with section #bjc of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajejc7-- 7i7 with respect to vote-by-mail and new voter registration procedures2 and 7ii7 with respect to voting materials 7as such term is defined in such section72 7,b7 ensuring adequate support for such individuals 7including for language minority voters who do not reside in jurisdictions covered by section #bjc of the ,voting ,rights ,act71 including through-- 7i7 language assistance hotlines in covered languages2 7ii7 phone interpretation and interpreter services2 7iii7 funding to produce1 print1 and distribute multi-lingual versions of materials2 7iv7 enhancing in-language media advertising regarding polling place changes2 7v7 recruiting and hiring bilingual or multilingual election workers2 and 7vi7 enhancing in-language media advertising regarding procedures for obtaining and returning mail-in ballots2 and 7,c7 providing voter education on activities carried out under this paragraph4 7#d7 ,funding to ensure voting access by ,american ,indian and ,alaska ,native voters and rural voters ,ensuring voting access ,american ,indian and ,alaska ,native voters and rural voters1 including-- 7,a7 ensuring polling place availability within #bj miles of where voters live2 7,b7 providing transportation services for ,american ,indian1 ,alaska ,native1 and rural voters to reach their nearest polling location2 7,c7 establishing polling places in ,indian country1 as defined in section #aaea of title #ah1 ,united ,states ,code1 and on any land in ,alaska owned pursuant to the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afja et seq471 that are open for voting days and hours commensurate with polling place days and hours in urban areas within the ,state2 7,d7 giving ,indian tribes1 as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd71 authority to designate buildings that can be used as a residential address for voter registration and for physical sites for ballot pickup1 drop-off1 and collection2 7,e7 offering information in unwritten languages or languages not widely used in written form1 in consultation with relevant ,tribal governments2 7,f7 collecting ballots from remote polling locations1 ballot collection boxes1 and tribally designated buildings2 7,g7 carrying out any activities permitted under paragraph 7#b7 to improve accessibility for ,american ,indian and ,alaska ,native voters with disabilities2 and 7,h7 providing voter education on the activities carried out under this paragraph4 7#e7 ,curbside voting ,the implementation and promotion of curbside voting to allow individuals to pick up ballots1 complete them1 and return them to a poll worker from their vehicles4 7#f7 ,funding to meet maximum wait time standard at polling locations 7,a7 ,in general ,the implementation of standards that reduce wait times at polling locations4 7,b7 ,certification requirement ,in the case where the ,state uses funds for purposes described in subparagraph 7,a7 with respect to an election for ,federal office1 the ,state shall certify to the ,commission within #abj days of the election that wait time standards were met in the ,state with respect to such election4 7#g7 ,funding for publication of wait times 7,a7 ,in general ,the development or implementation of an accessible1 web-based platform for the publication of wait times for voting in ,federal elections4 7,b7 ,requirement ,if a ,state uses funds for a purpose described in subparagraph 7,a71 the ,state shall take reasonable steps before using such platform in an election for ,federal office-- 7i7 to provide advance training to election workers regarding use of the platform2 7ii7 to notify voters of the platform2 and 7iii7 to test and verify the security and functionality of the platform4 7#h7 ,methods to improve line management ,implementing standards to improve line management systems and polling place management4 7#i7 ,standards for training and recruitment of poll workers ,providing for the training and recruitment of poll workers1 including-- 7,a7 developing poll worker training curricula and standards for serving individuals with disabilities and language minority voters2 7,b7 ensuring that poll workers receive training1 which-- 7i7 may include remote training2 and 7ii7 may cover applicable ,federal and ,state laws and regulations1 recent changes in election laws and processes1 election security and cyber vulnerabilities1 ballot reviews1 incident response1 polling accessibility for language minorities and individuals with disabilities1 and ,,covid-#ai preparedness2 7,c7 expanding the number of election workers hired2 7,d7 hiring individuals to serve as election workers from among high school and college students and1 where feasible1 compensating such individuals with course credits2 and 7,e7 hiring work-eligible non-citizens to satisfy the need for bilingual poll workers1 where language assistance is required by law4 7#aj7 ,improving access to voter registration ,improving access to voter registration1 including-- 7,a7 authorizing and implementing same day registration2 7,b7 ensuring that online voter registration systems are in place and have the capacity to process registration applications electronically2 7,c7 expanding online voter registration systems to allow use by the maximum number of individuals1 including-- 7i7 by allowing individuals to register to vote without records in the department of motor vehicle system of the ,state by submitting their signatures online2 7ii7 by digitally uploading a picture of the required signature2 7iii7 by allowing individuals to provide the required signature when voting at the polls or when returning a mail-in ballot2 or 7iv7 by allowing individual to provide a required signature with a mark or signature stamp or through the use of an assistant because of age1 disability1 or other need2 7,d7 sending a voter registration mailer1 including a blank voter registration application1 a self-sealing prepaid return envelope1 and instructions on additional methods to register if the mailer is not accessible1 to all eligible individuals with ,state records who are not currently registered to vote2 and 7,e7 testing capacity to ensure that existing online voter registration systems can withstand the likely increase in usage4 7c7 ,interagency consultation ,not later than #ae days after the date of enactment of this part1 the ,commission shall-- 7#a7 consult with the ,centers for ,disease ,control and ,prevention on preventing transmission of ,,covid-#ai at polling places and election offices2 and 7#b7 consult with the ,civil ,rights ,division of the ,department of ,justice to ensure changes to voting procedures made pursuant to this part are nondiscriminatory and comply with applicable ,federal laws1 including this ,act1 the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq471 the ,voting ,accessibility for the ,elderly and ,handicapped ,act 7#db ,u4,s4,c4 #aigc;ee et seq471 the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcja et seq471 the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjeja et seq471 and the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bjija et seq474 #bii4 ,funding2 reports 7a7 ,in general ,there is authorized to be appropriated1 out of any money in the ,treasury not otherwise appropriated1 for the fiscal year ending ,september #cj1 #bjbb1 for making payments under this part1 #b1ejj1jjj1jjj4 ,such amount shall be in addition to other amounts otherwise available for such purposes4 7b7 ,reports ,not later than one year after the applicable election for which a payment was provided under this part1 each eligible ,state that received such funds shall submit a report to the ,commission on the activities conducted using such payment and to substantiate authorized activities described in section #bih7;b7 carried out using such funds4 ,not later than #cj days after receipt of such reports1 the ,commission shall transmit such reports to the ,committee on ,rules and ,administration of the ,senate and the ,committee on ,house ,administration of the ,house of ,representatives4 4 7b7 ,clerical amendments ,the table of contents of such ,act is amended by inserting after the item relating to section #bif the following3 ,part ,,vii--,grant ,program ,to ,protect ,in-,person ,voting ,sec4 #big4 ,payments to ,states4 ,sec4 #bih4 ,eligibility for payment2 authorized activities4 ,sec4 #bii4 ,funding2 reports4 4 ,,vi ,safe1 ,accountable1 ,fair1 ,effective ,justice #fjaja4 ,short title ,this title may be cited as the ,safe1 ,accountable1 ,fair1 ,effective ,justice ,act or the ,,safe ,justice ,act4 ,a ,identifying and ,reducing ,over-,federalization and ,over-,criminalization ,by ,respecting the ,balance of ,powers ,among the ,states and the ,federal ,government #fjaaa4 ,compilation and publication of criminal offenses to provide fair notice to address over-federalization 7a7 ,compilation and publication of criminal offenses ,not later than #ahj days after the date of the enactment of this ,act1 and every year thereafter1 the ,attorney ,general shall1 in consultation with relevant entities within the executive branch1 including independent regulatory agencies1 compile a publicly available and free of charge listing of-- 7#a7 the various ,federal law violations that carry criminal penalties2 7#b7 location_/citation of the violation2 7#c7 the potential criminal penalty for a violation2 and 7#d7 the mens rea required for the offense4 ,to ensure that individuals have fair notice of prohibited conduct and the criminal penalties they bring1 the ,attorney ,general shall publicize the existence of this database and publish the database on the ,department of ,justice website4 7b7 ,oversight ,to address over-,federalization ,each executive branch agency must obtain the express prior approval of the ,attorney ,general for each added criminal penalty resulting from agency regulation4 #fjaab4 ,procedures to reduce over-federalization 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 in order to reduce over-federalization and over-incarceration1 the ,attorney ,general shall create and implement procedures-- 7#a7 to provide coordination by ,federal prosecutors and law enforcement agencies with other ,federal agencies to determine-- 7,a7 whether unlawful conduct that involves the administrative competencies of other ,federal agencies is best addressed by civil sanctions or criminal charges2 and 7,b7 if such conduct is best addressed by criminal charges1 whether diversion or criminal prosecution is more appropriate2 and 7#b7 to provide coordination by ,federal prosecutors and law enforcement agencies with ,state prosecutors and law enforcement agencies to reduce duplicative ,federal prosecutions of the same offender for the same conduct that may be prosecuted at the ,state level4 7b7 ,report by inspector general ,not later than #a year after the date of the enactment of this ,act1 the ,inspector ,general of the ,department of ,justice shall report to the ,congress1 for the period beginning on the date of the enactment of this ,act and ending as closely as feasible to the date on which the report is made1 on-- 7#a7 the number of cases referred from law enforcement or other agencies for ,federal prosecution in which the alleged unlawful conduct involved a violation of a regulation promulgated by a ,federal agency other than the ,department of ,justice2 or 7#b7 the number of cases accepted for ,federal prosecution-- 7,a7 by judicial district2 7,b7 by mens rea2 7,c7 by penalty imposed2 7,d7 by costs2 7#c7 the estimated ,federal correctional costs of those cases in prison bed-years2 7#d7 the number of cases declined for ,federal prosecution2 and 7#e7 the number of cases accepted for ,federal prosecution by offense by judicial district1 including the offense's mens rea and criminal penalty imposed4 #fjaac4 ,procedures to reduce pretrial detention 7a7 ,guidance by attorney general ,not later than #ahj days after the date of the enactment of this ,act1 the ,attorney ,general1 in consultation with the ,criminal ,law ,committee of the ,judicial ,conference of the ,united ,states1 the ,united ,states ,probation and ,pretrial ,services1 and a ,federal public or community defender from the ,defender ,services ,advisory ,group1 shall create and implement procedures to reduce over-incarceration due to the unnecessary use of pretrial detention in certain cases in order to-- 7#a7 reduce overcrowding of pretrial detention facilities2 and 7#b7 reduce the cost of pretrial detention4 7b7 ,considerations ,to be taken into account in creating procedures ,in carrying out subsection 7a71 the ,attorney ,general and the ,director of the ,united ,states ,courts shall take into consideration in creating and implementing their respective procedures-- 7#a7 whether in ,federal cases a summons instead of an arrest should be the default procedure2 7#b7 whether in some or most cases where a summons would not be sufficient1 other least restrictive alternatives would be preferable to pretrial detention2 7#c7 the need to avoid seeking bonds that offenders are unable to meet1 which is tantamount to seeking pretrial detention2 7#d7 the extent to which pretrial detention results from the disproportionate pretrial detention of individuals with fewer economic means2 7#e7 the impact of pretrial detention on loss of employment and housing2 and 7#f7 the need to avoid pretrial detention that is not necessary to ensure the appearance of the defendant as required and the safety of the public as required under section #cadb of title #ah1 ,united ,states ,code4 7c7 ,report by inspector general ,not later than #a year after the date of the enactment of this ,act1 the ,inspector ,general of the ,department of ,justice shall report to the ,congress on the procedures created under this section1 and address whether and to what extent those procedures are likely to accomplish their intended purposes4 ,in the report1 the ,inspector ,general may include recommendations for further changes in procedures that would better accomplish the purposes set forth in subsection 7a71 taking into account the considerations described in subsection 7b74 #fjaad4 ,annual review and reports of the citizen complaint process ,the ,office of the ,inspector ,general shall-- 7#a7 conduct an annual review of citizen complaints to determine whether the ,office of ,professional ,responsibility has taken appropriate disciplinary measures against prosecutors who have mishandled cases or engaged in misconduct2 and 7#b7 publish in a report to ,congress each case in which any judge or court has found that a prosecutor or law enforcement officer engaged in misconduct1 whether such a finding resulted in reversal1 vitiation1 or vacatur of a conviction or sentence4 #fjaae4 ,focusing ,federal criminal penalties for simple possession to places of special ,federal interest in recognition of the balance of power between the ,federal ,government and the ,states ,section #djd of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hdd7 is amended by inserting after ,it shall be unlawful for any person each place it appears the following3 within the special maritime and territorial jurisdiction of the ,united ,states 7as defined for the purposes of title #ah1 ,united ,states ,code74 ,b ,creating a ,performance-,incentive ,funding ,program #fjbja4 ,calculation of savings 7a7 ,calculation of revocation baseline 7#a7 ,general rule ,the ,director of the ,administrative ,office of the ,united ,states ,courts1 in consultation with the ,director of the ,bureau of ,prisons and the ,united ,states ,sentencing ,commission1 shall calculate for each ,federal judicial district a baseline revocation rate4 7#b7 ,method of calculation ,the baseline revocation rate for a judicial district is the percentage equivalent of the ratio of the total number of adult supervisees sent to prison from that district during the baseline period to the total number of adult supervisees sent to prison nationally during the same period4 7#c7 ,definitions ,in this subsection-- 7,a7 the term sent to prison means sent to ,federal or ,state prison-- 7i7 for a revocation of probation or supervised release2 or 7ii7 for a conviction of a new felony offense4 7,b7 ,the term baseline period means the period beginning ,january #a1 #bjab1 and ending ,december #ca1 #bjad4 7b7 ,annual revocation calculations ,at the conclusion of the calendar year following the implementation of subsection 7a71 and every calendar year thereafter1 the ,director of the ,administrative ,office of the ,united ,states ,courts1 in consultation with the ,director of the ,bureau of ,prisons and the ,united ,states ,sentencing ,commission shall calculate the following measures3 7#a7 ,average revocation cost ,the average revocation cost1 which is the average cost to incarcerate a supervisee revoked to prison in the previous year1 including average length of stay times average marginal cost per day4 7#b7 ,nationwide revocation rate ,the nationwide revocation rate1 which is calculated as the number of supervisees nationwide sent to prison in the previous year as a percentage of the nationwide supervision population as of ,june #cjth of that year4 7#c7 ,district revocation rates ,for each judicial district1 the district's revocation rate1 which is calculated as the number of supervisees from that district sent to prison in the previous year as a percentage of the district's supervision population as of ,june #cjth of that year4 7#d7 ,reduction in revocation rate ,for each judicial district1 the reduction in revocation rate is the number of adult supervisees from each district not revoked to prison1 which is calculated based on the reduction in the district's revocation rate as calculated under paragraph 7#c7 from the district's baseline revocation rate as calculated under subsection 7a74 ,in making this estimate1 the ,director of the ,administrative ,office of the ,united ,states ,courts1 in consultation with the ,director of the ,bureau of ,prisons and the ,judicial ,conference of the ,united ,states1 may adjust the calculation to account for changes in each district's caseload in the most recent completed year as compared to the district's adult supervision population during the years #bjab through #bjad4 7c7 ,categorization of judicial districts ,annually1 at the conclusion of each calendar year1 the ,director of the ,administrative ,office of the ,united ,states ,courts1 in consultation with the ,director of the ,bureau of ,prisons and the ,united ,states ,sentencing ,commission1 shall assign the appropriate supervision revocation tier to each judicial district for which it was estimated that the judicial district successfully reduced its revocation rate1 as provided by subsection 7b77#d74 ,the tiers are defined for the purposes of this subtitle as follows3 7#a7 ,tier #a ,a tier #a district is one which has a district revocation rate1 as defined in subsection 7b77#c71 that is no more than #be percent higher than the nationwide revocation rate1 as defined in subsection 7b77#b74 7#b7 ,tier #b ,a tier #b district is one which has a district revocation rate1 as defined in subsection 7b77#c71 that is more than #be percent above the nationwide revocation rate1 as defined in subsection 7b77#b74 #fjbjb4 ,distribution of performance incentive funding 7a7 ,distribution of revocation reduction incentive payments ,annually1 the ,director of the ,administrative ,office of the ,united ,states ,courts1 in consultation with the ,director of the ,bureau of ,prisons and the ,united ,states ,sentencing ,commission1 shall calculate a revocation reduction incentive payment for each eligible judicial district1 pursuant to section #fjbja1 for the most recently completed calendar year1 as follows3 7#a7 ,revocation reduction incentive payments for tier #a districts ,for a tier #a district1 the district's revocation reduction incentive payment is equal to the estimated number of supervisees successfully prevented from being sent to prison1 as defined by section #fjbja7;b77#d7 multiplied by #de percent of the costs to the ,director of the ,bureau of ,prisons to incarcerate a supervisee who is revoked to prison1 as defined in section #fjbja7;b77#a74 7#b7 ,revocation reduction incentive payments for tier #b districts ,for a tier #b judicial district1 its revocation rate shall equal the estimated number of supervisees successfully prevented from being sent to prison1 as defined by section #fjbja7;b77#d7 multiplied by #dj percent of the costs to the ,bureau of ,prisons to incarcerate in prison a supervisee whose supervision is revoked4 7b7 ,distribution of grants for high-,performing districts 7#a7 ,funding reserved for high-performing districts ,annually1 the ,director of the ,administrative ,office of the ,united ,states ,courts1 in consultation with the ,director of the ,bureau of ,prisons and the ,united ,states ,sentencing ,commission1 shall calculate #e percent of the total savings attributed to those districts that successfully reduce the number of supervisees revoked to prison for the purposes of providing high-performance grants4 7#b7 ,eligibility ,a judicial district is eligible for a high-performance grant if it is a district-- 7,a7 with supervisee revocation rates more than #ej percent below the nationwide average in the most recently completed calendar year2 and 7,b7 that has not exceeded the national revocation rate for the past three calendar years4 7#c7 ,administration of grants for high-performing districts 7,a7 ,the ,administrative ,office of the ,united ,states ,courts may make a high performance grant to a district in a year in which that district does not also receive a supervision revocation reduction payment under subsection 7a74 7,b7 ,the chief probation officer1 in consultation with the chief judge1 in a judicial district that qualifies for both a high performance grant and a supervision revocation reduction payment shall inform the ,administrative ,office of the ,united ,states ,courts1 by a date designated by the ,administrative ,office of the ,united ,states ,courts1 whether the judicial district should receive the high performance grant or the supervision failure reduction incentive payment4 7,c7 ,the ,administrative ,office of the ,united ,states ,courts shall seek to ensure that each qualifying judicial district that submits a qualifying application for a high performance grant receives a proportionate share of the grant funding available1 based on the population of adults age #ah to #be1 inclusive1 in that judicial district4 7c7 ,payments ,the ,administrative ,office of the ,united ,states ,courts shall disburse the revocation reduction incentive payments and high performance grants calculated for any calendar year to judicial districts in the following fiscal year4 #fjbjc4 ,use of performance incentive funding 7a7 ,establishment of a supervision performance incentive fund ,each district probation office is hereby authorized to establish a ,supervision ,performance ,incentive ,fund 7hereinafter in this section referred to as the ,fund71 to receive all amounts allocated to the judicial district for the purposes of implementing this section4 ,in any fiscal year for which a district probation office receives sums to be expended for the implementation of this section1 those sums1 including any interest1 shall be made available to the chief probation officer of that district probation office1 not later than #cj days after the deposit of those moneys into the fund4 7b7 ,authorized use of funds ,funds received through appropriations for the purposes of this subtitle shall be used by the chief probation officer or his designee to provide supervision and rehabilitative services for ,federal supervisees1 and shall be spent on implementing or enhancing evidence-based community corrections practices and programs1 which may include the following3 7#a7 ,implementing and expanding evidence-based risk and needs assessments4 7#b7 ,implementing and expanding the use of graduated sanctions pursuant to section #cfji4 7#c7 ,implementing and expanding treatment and services associated with problem-solving courts that are proven to reduce recidivism among the targeted population4 7#d7 ,expanding the availability of evidence-based rehabilitation programs1 including drug and alcohol treatment1 mental health treatment1 employment programs1 services for victims of domestic violence1 services for veterans1 and cognitive behavioral therapy4 7#e7 ,expanding the availability1 in terms of hours and geographic locations1 of day reporting centers and the reporting hours of existing probation offices to accommodate supervisees' work1 education1 and_/or child care schedules4 7#f7 ,hiring social workers to assist supervisees in applications for social services and programs on the local1 ,state1 and ,federal level4 7#g7 ,evaluating the effectiveness of rehabilitation and supervision programs and ensuring program fidelity4 7c7 ,mandatory evaluation 7#a7 ,in general ,except as provided in paragraph 7#b71 the chief probation officer1 in consultation with the chief judge of the judicial district1 shall devote at least #e percent of all funding received through the ,fund to evaluate the effectiveness of those programs and practices implemented or expanded with the funds provided pursuant to this section4 7#b7 ,waiver of requirement ,a chief probation officer may petition the ,administrative ,office of the ,united ,states ,courts for waiver of this restriction1 and the ,administrative ,office of the ,united ,states ,courts shall have the authority to grant such a petition1 if the ,chief ,probation ,officer can demonstrate that the department is already devoting sufficient funds to the evaluation of these programs and practices4 7d7 ,accounting ,the head of each district probation office receiving amounts from the ,fund shall provide for a separate accounting of those amounts sufficient to evaluate the effectiveness of each program4 #fjbjd4 ,definitions ,in this subtitle3 7#a7 ,chief judge ,the term chief judge with respect to a district court means the chief judge of that court1 or the judge of that court if there is only one judge4 7#b7 ,chief probation officer ,the term chief probation officer means the probation officer designated by the court to direct the work of all probation officers serving in the judicial district4 7#c7 ,community corrections program ,the term community corrections program means an evidence-based recidivism reduction program established pursuant to this subtitle1 consisting of a system of services dedicated to all of the following goals3 7,a7 ,enhancing public safety through the management and reduction of a supervisee's risk of recidivism while under supervision4 7,b7 ,supporting supervisees' achievement of stability of employment and housing by using a range of supervision tools1 sanctions1 and services applied to supervisees for the purpose of reducing criminal conduct and promoting behavioral change that reduces recidivism and promotes the successful reintegration of offenders into the community4 7,c7 ,holding offenders accountable for their criminal behaviors and for successful compliance with applicable court orders and conditions of supervision4 7,d7 ,improving public safety outcomes for persons placed on supervision1 as measured by their successful completion of supervision and commensurate reduction in the rate of supervisees sent to prison as a result of a revocation or conviction for a new crime4 7#d7 ,evidence-based practices ,the term evidence-based practices means supervision policies1 procedures1 programs1 and practices that scientific research demonstrates reduce recidivism among people on probation or supervised release4 7#e7 ,supervisee ,the term supervisee has the meaning given that term in section #cfji of title #ah1 ,united ,states ,code4 7#f7 ,supervision ,the term supervision has the meaning given that term in section #cfji of title #ah1 ,united ,states ,code4 7#g7 ,revocation ,the term revocation means a judicial process to revoke supervision that imposes confinement4 ,c ,addressing ,information ,disparity and ,accuracy in ,criminal ,prosecutions to ,protect ,innocence ,more ,robustly and to ,reduce the ,number of ,wrongful ,convictions #fjcja4 ,findings and declarations ,the ,congress finds and declares the following3 7#a7 ,the goal of a law enforcement investigation is to apprehend the person or persons responsible for the commission of a crime4 7#b7 ,mistaken eyewitness identification has been shown to have contributed to the wrongful conviction in #gb percent of the ,nation's #ccj ,,dna exonerations of innocent persons1 including #bj who served time on death row and #cj who pled guilty4 ,these innocents served an average of #ac4e years in prison before exoneration and release4 ,no one benefits from a wrongful conviction--except the real perpetrator1 who remains free to commit additional crimes4 ,in half of the exoneration cases1 the process of settling the innocence claim led to the identification of the real perpetrator4 ,over #adj violent crimes could have been prevented had the real perpetrator been identified instead of the innocent4 7#c7 ,over the past #cj years1 a large body of peer-reviewed1 scientific research and practice has emerged showing that simple systemic changes can protect the innocent and the public by increasing the accuracy of the evidence used to support a conviction beyond a reasonable doubt4 ,these reforms are-- 7,a7 improving the accuracy of eyewitness identification2 7,b7 preserving and analyzing forensic evidence2 7,c7 recording confessions and interrogations2 7,d7 regulating1 disclosing1 and video recording informant or cooperator testimony2 7,e7 improving the quality of defense counsel2 7,f7 providing for post-conviction ,,dna testing for all applicants for whom ,,dna has the potential to prove innocence2 and 7,g7 increasing compensation to the wrongfully convicted4 7#d7 ,policies and procedures to improve the accuracy of eyewitness identifications such as those recommended by the ,national ,academy of ,sciences1 the ,united ,states ,national ,institute of ,justice1 the ,international ,association of ,chiefs of ,police1 and the ,american ,bar ,association are readily available4 7#e7 ,more accurate eyewitness identifications increase the ability of police and prosecutors to convict the guilty and protect the innocent4 7#f7 ,the integrity of the criminal justice process is enhanced by adherence to best practices in evidence gathering4 7#g7 ,federal1 ,state1 and local governments will benefit from the improvement of the accuracy of eyewitness identifications4 7#h7 ,the value of properly preserved biological evidence has been enhanced by the discovery of modern ,,dna testing methods1 which1 coupled with a comprehensive system of ,,dna databases that store crime scene and offender profiles1 allow law enforcement to improve its crime-solving potential4 7#i7 ,tapping the potential of preserved biological evidence requires the proper identification1 collection1 preservation1 storage1 cataloguing and organization of such evidence4 7#aj7 ,law enforcement agencies indicate that cold case investigations are hindered by an inability to access biological evidence that was collected in connection with criminal investigations4 7#aa7 ,innocent people mistakenly convicted of the serious crimes for which biological evidence is probative cannot prove their innocence if such evidence is not accessible for testing in appropriate circumstances4 7#ab7 ,it is well established that the failure to update policies regarding the preservation of evidence squanders valuable law enforcement resources1 manpower hours and storage space4 7#ac7 ,simple but crucial enhancements to protocols for properly preserving biological evidence can solve old crimes1 enhance public safety and settle claims of innocence4 7#ad7 ,existing ,federal1 ,state1 and local laws still erect procedural hurdles that result in some potentially innocent applicants being barred from seeking ,,dna testing after a conviction has been imposed despite enduring probative value of ,,dna evidence4 7#ae7 ,during his #bjje ,state of the ,union address1 ,president ,george ,w4 ,bush urged that1 in ,america1 we must make doubly sure no person is held to account for a crime he or she did not commit1 so we are dramatically expanding the use of ,,dna evidence to prevent wrongful conviction4 7#af7 ,united ,states ,attorney ,general ,eric ,holder expressed his hope1 in the interest of justice and identifying the true perpetrators of crimes1 that all levels of government will follow the ,federal ,government's lead by working to expand access to ,,dna evidence4 7#ag7 ,emerging ,,dna testing technologies can enhance the quality of justice4 7#ah7 ,the scientifically reliable results of ,,dna testing provide the certainty and finality that bolster the public's trust in our ,federal1 ,state1 and local criminal justice systems4 7#ai7 ,in addition to the wrongfully convicted and their families1 crime victims1 law enforcement1 prosecutors1 courts and the public are harmed whenever individuals guilty of crimes elude justice while innocent individuals are imprisoned for crimes they did not commit4 7#bj7 ,our ,federal1 ,state1 and local governments must enhance their technology to increase the amount of testable1 biological evidence and enhance their existing post-conviction ,,dna testing statutes so that all applicants for whom ,,dna testing has the potential to prove a claim of innocence will have the opportunity to obtain such testing4 7#ba7 ,properly audio and video recorded custodial interrogations provide the best evidence of the communications that occurred during an interrogation2 prevent disputes about how an officer conducted himself or treated a suspect during the course of an interrogation2 prevent disputes about the account of events the defendant originally provided to law enforcement2 spare judges and jurors the time necessary and need to assess which account of an interrogation to believe2 and enhance public confidence in the criminal process4 ,it is therefore the ,congress' intent to require the video and audio recording of all custodial interrogations in ,federal law enforcement agencies4 7#bb7 ,an informant is a person who was not a victim of a crime who offers to provide information or assistance to law enforcement in exchange for leniency or some other benefit4 ,the testimony of informants1 who have reason to seek leniency from the criminal justice system in exchange for their testimony1 is inherently suspect4 ,however1 truthful informant testimony may still be important in solving crimes4 7#bc7 ,rewarding informants1 either tacitly or explicitly1 by the ,government produces dangerous incentives to manufacture or fabricate testimony4 ,thus1 it is incumbent upon the judicial system to assess whether informant testimony is reliable4 7#bd7 ,the use of informant testimony without a system to properly assess its reliability or corroborate its substance provides fertile ground for obstruction of the fair administration of justice4 7#be7 ,therefore1 a system to properly assess the reliability of informant testimony1 including1 but not limited to audio and video recording of all statements provided by informants1 should be developed4 7#bf7 ,the failure to properly educate law enforcement1 defense lawyers1 prosecutors1 judges1 juries1 and other fact investigators and fact finders about the vulnerabilities inherent in informant testimony enables improper consideration of such testimony1 which can seriously undermine the integrity of our criminal justice system4 #fjcjb4 ,accuracy and reliability of evidence in criminal cases2 addressing information disparity in criminal cases 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,attorney ,general shall1 in consultation with the ,federal ,public or ,community ,defender from the ,defender ,services ,advisory ,group1 the ,american ,bar ,association1 the ,american ,law ,institute1 and other expert organizations1 including the ,innocence ,project and the ,national ,district ,attorneys ,association1 create training and best practices to be implemented by ,federal prosecutors and law enforcement officers prior to trial1 consistent with the constitutional rights of the defendant1 that increase protection for the innocent by reducing the inaccuracy and unreliability of evidence relied upon in criminal cases1 including-- 7#a7 procedures and protocols for collecting1 marking1 preserving1 cataloguing1 and handling evidence2 7#b7 training on interrogation to eliminate coercive tactics that lead to false or unreliable confessions2 7#c7 training on interviewing witnesses to eliminate suggestive tactics that lead to false or unreliable identifications and memories2 7#d7 training to eliminate cross-racial identification mistakes and collaborating on the criteria for expert testimony and parameters for model jury instructions on cross-racial identification2 7#e7 training to avoid and discourage the use of unreliable informant or cooperator testimony2 7#f7 requiring audio and video recording of all interviews and interrogations in connection with any defendant's prosecution2 7#g7 promoting a fair and expeditious disposition of the charges1 whether by diversion1 plea1 or trial1 consistent with defendants' constitutional rights2 7#h7 providing the defendant with sufficient information to make an informed plea2 7#i7 permitting the defendant to thoroughly prepare for trial and minimize surprise at trial by providing prompt discovery to the defendant2 7#aj7 reducing interruptions and complications during trial to the extent practicable and avoid unnecessary and repetitious trials by identifying and resolving evidentiary disputes prior to trial2 7#aa7 increasing the funding and resources for court-appointed counsel to minimize the procedural and substantive inequities among similarly situated defendants1 particularly between defendants represented by court-appoint counsel1 pursuant to #ah ,u4,s4,c4 #cjjf;,a1 and defendants represented by privately retained counsel2 and 7#ab7 minimizing the burden upon victims1 witnesses1 counsel1 and the taxpayer4 7b7 ,initial disclosure to defendants ,the ,attorney ,general shall instruct ,federal prosecutors and law enforcement agents1 upon request by the defendant and not later than #ad days after such request1 to permit the defendant to inspect and to copy or photograph the full contents of all investigative and case files1 excepting only privileged material or attorney work product1 to permit inspection1 copying1 testing1 and photographing of disclosed documents or tangible objects1 including the following documents or tangible objects3 7#a7 ,all relevant recorded1 written1 and oral statements of the defendant or of any codefendant that are within the possession or control of the ,government1 and any documents relating to the acquisition of such statements4 7#b7 ,the names and addresses of all persons known to the ,government to have information concerning the offense charged1 together with all written statements of any such person that are within the possession or control of the ,government and that relate to the subject matter of the offense charged4 7#c7 ,the identity of persons the ,government intends to call as witnesses at trial4 7#d7 ,any information regarding any inquiry1 solicitation1 or agreement between the ,government and any individual that constitutes an inquiry into or solicitation of cooperation or testimony of the individual4 7#e7 ,any reports or written statements of any expert the ,government intends to call as a witness at trial1 including results of physical or mental examinations1 scientific tests1 experiments1 comparisons1 a written description of the substance of the proposed testimony of the expert1 the expert's opinion1 and the underlying basis of that opinion1 if that report or written statement of the expert is material to preparing the defense or the ,government intends to use the item in its case-in-chief at trial4 ,at the defendant's request1 the ,government must give to the defendant a written summary of any testimony that the ,government intends to use under the ,federal ,rules of ,evidence during its case-in-chief at trial4 ,if the ,government requests discovery under rule #af7;b77#a77;,c77ii7 of the ,federal ,rules of ,criminal ,procedure and the defendant complies1 the ,government must1 at the defendant's request1 give to the defendant a written summary of testimony that the ,government intends to use the ,federal ,rules of ,evidence as evidence at trial on the issue of the defendant's mental condition4 ,the summary provided under this paragraph must describe the witness's opinions1 the bases and reasons for those opinions1 and the witness's qualifications4 7#f7 ,any tangible objects1 including books1 papers1 documents1 photographs1 buildings1 places1 or any other objects1 which pertain to the case or which were obtained from or belong to the defendant1 and the identity of any tangible objects if the item is material to preparing the defense or the ,government intends to use the item in its case-in-chief at trial4 7#g7 ,any record of prior criminal convictions1 pending charges1 or probationary status of the defendant or of any codefendant or cooperating witness1 and insofar as known to the ,government1 any record of convictions1 pending charges1 or probationary status that may be used to impeach of any witness to be called by either party at trial4 7#h7 ,any material1 documents1 or information relating to lineups1 showups1 and picture or voice identifications1 if it is relevant to preparing the defense or the ,government intends to use the item in its case-in-chief4 7#i7 ,any material or information within the ,government's possession or control which tends to negate the guilt of the defendant as to the offense charged or would tend to mitigate punishment of the defendant4 7#aj7 ,any evidence of character1 reputation1 or other conduct of the defendant that the ,government has investigated4 7#aa7 ,if the defendant's conversations or premises were subject to electronic surveillance 7including wiretapping7 in connection with the investigation or prosecution of the case1 any transcripts1 notes1 memos1 recordings1 or other materials derived from such surveillance4 7#ab7 ,any tangible object obtained through a search and seizure1 including any information1 documents1 or other material relating to the acquisition of that object1 if the object1 information1 or document1 or material is material to preparing the defense or the ,government intends to use that object1 information1 document1 or material in its case-in-chief4 7#ac7 ,any evidence that a forensic technician1 laboratory1 or facility involved in the case has been responsible for an unreliable forensic analysis or questionable conviction in the past4 7c7 ,prompt disclosure of additional information later added to the investigative or case file ,upon completing the initial disclosure required under subsection 7b71 the ,government shall1 not later than #ad days after information of the sort described in subsection 7b7 is added to the investigative or case file1 disclose the full contents of that additional information1 excepting only privileged material or attorney work product1 to permit inspection1 copying1 testing1 and photographing of disclosed documents or tangible objects1 including the documents or tangible objects described in subsection 7b71 irrespective of whether the ,government intends to rely on such information at trial and irrespective of whether or not the ,government considers such information material or exculpatory4 7d7 ,protective order 7#a7 ,in general ,upon written application by the ,government1 the court may grant a protective order limiting the scope or timing of disclosure required by this section1 or limiting the persons to whom such disclosure may be made or disseminated4 7#b7 ,requirements for granting ,the application shall be granted only to the extent the ,government demonstrates that such disclosure would cause-- 7,a7 a particularized and substantial risk of physical harm or intimidation to any person2 7,b7 the release of information that would compromise a significant national security interest2 or 7,c7 the violation of privacy rights1 protected by ,federal law1 of a non-law-enforcement witness4 7#c7 ,nature of order if granted ,if granted1 the protective order shall be narrowly tailored to limit the scope1 timing or extent of disclosure only to the extent necessary to address the particularized need for delayed1 limited or nondisclosure1 while protecting the defendant's right to prepare for trial or sentencing to the extent possible4 7#d7 ,application may be ex parte ,the written application may be made ex parte so long as the ,government provides notice to the defendant of the general nature of the application1 and the defendant is given an opportunity to be heard on whether an ex parte application is necessary1 whether any protective order is warranted1 and the parameters of any protective order4 ,if the application remains sealed1 it shall be preserved in the record for appellate review4 #fjcjc4 ,notification relating to forensic1 prosecutorial1 or law enforcement misconduct 7a7 ,notice ,not later than #cj days after a finding by the ,attorney ,general that a ,federal prosecutor or law enforcement officer involved in a ,federal criminal case has engaged in misconduct or a ,federal forensic facility or technician has provided flawed analysis or testimony1 the ,attorney ,general shall inform each defendant in whose case that prosecutor1 law enforcement officer1 forensic facility1 or forensic technician was involved4 7b7 ,access to evidence and case files for notified persons ,the ,attorney ,general shall permit notified defendants and their counsel access to-- 7#a7 the forensic evidence underlying the defendant's case to be re-tested by another validated ,government facility as well as by the defendant's independent forensic expert at the ,government's expense2 and 7#b7 the investigative and prosecutorial case file in the defendant's case1 including any attorney work product4 7c7 ,failure ,to comply ,the ,attorney ,general's failure to comply with any requirement of this section entitles the defendant to appropriate judicial relief4 7d7 ,habeas relief ,a defendant who receives a notice under subsection 7a7 and whose conviction has become final is entitled to seek judicial relief under section #bbee of title #bh1 ,united ,states ,code1 notwithstanding any procedural limitation or bar to such relief1 so long as the defendant exercised due diligence in seeking relief after receiving the notice described in subsection 7a74 #fjcjd4 ,remedies 7a7 ,within the ,department of ,justice ,the ,attorney ,general shall take appropriate disciplinary measures to sanction any failure of a ,federal prosecutor or law enforcement officer to comply in good faith with the procedures and requirements created by or under this subtitle4 7b7 ,judicial remedy ,the court may exclude from trial any evidence involved in a failure of a ,federal prosecutor or law enforcement officer to comply in good faith with the procedures and requirements created by or under this title4 #fjcje4 ,toolkits for ,state and local government ,not later than #ahj days after the date of the enactment of this ,act1 the ,attorney ,general shall provide toolkits regarding training in best practices developed under this title to ,state and local governments and encourage them to adopt these practices to reduce the likelihood of wrongful conviction4 ,d ,concentrating ,prison ,space on ,violent and ,career ,criminals #a ,restoring ,original ,congressional ,intent ,to ,focus ,federal ,drug ,mandatory ,minimums ,only on ,managers1 ,supervisors1 ,organizers1 and ,leaders of ,drug ,trafficking ,organizations and ,to ,avoid ,duplicative ,prosecution with ,states #fjdja4 ,focusing the application of ,federal mandatory minimums for certain drug offenses to restore original congressional intent respecting the balance of power between the ,federal ,government and the ,states 7a7 ,controlled ,substances ,act ,section #dja of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hda7 is amended by adding at the end the following3 7i7 ,clarifying congressional intent regarding application of certain penalties 7#a7 ,the penalties set forth in subparagraph 7,a7 of subsection 7b77#a7 apply only if-- 7,a7 the type and quantity of the controlled or counterfeit substance violates subparagraph 7,a7 of subsection 7b77#a72 and 7,b7 the defendant was an organizer or leader of a drug trafficking organization4 7#b7 ,the penalties set forth in subparagraph 7,b7 of subsection 7b77#a7 apply only if-- 7,a7 the type and quantity of the controlled or counterfeit substance violates subparagraph 7,b7 of subsection 7b77#a72 and 7,b7 the defendant was an organizer1 leader1 manager1 or supervisor of a drug trafficking organization4 7#c7 ,the penalties set forth in subparagraph 7,c7 of subsection 7b77#a7 apply only if-- 7,a7 the type and quantity of the controlled or counterfeit substance violates subparagraph 7,a71 7,b71 or 7,c7 of subsection 7b77#a72 and 7,b7 the defendant was not a leader1 organizer1 manager1 or supervisor of a drug trafficking organization4 7#d7 ,the penalties set forth in subsection 7b77#a77;,d7 apply only if-- 7,a7 the defendant's conduct does not violate paragraphs 7#a7 through 7#c72 7,b7 the defendant's role was not minor or minimal2 and 7,c7 the defendant is not a leader1 organizer1 manager1 or supervisor of or otherwise employed by a drug trafficking organization4 7#e7 ,the penalties set forth in section #djd of the ,controlled ,substances ,act shall apply to prosecutions under this section if-- 7,a7 the defendant's conduct does not violate paragraphs 7#a7 through 7#c72 and 7,b7 the defendant's role was minor or minimal4 ,notwithstanding subsection 7b77#a77;,d7 or paragraph 7#d7 or 7#e7 of this subsection1 any person who violates subsection 7a7 of this section by distributing a small amount of marijuana for no remuneration shall be treated as provided in section #djd of the ,controlled ,substances ,act and section #cfjg of title #ah1 ,united ,states ,code4 4 7b7 ,controlled ,substances ,import and ,export ,act ,section #ajaj7;b7 of the ,controlled ,substances ,import and ,export ,act 7#ba ,u4,s4,c4 #ifj7;b77 is amended so that paragraph 7#e7 reads as follows3 7#e7 ,in the case of a violation of subsection 7a7 involving a controlled substance in schedule ,,iii1 such person shall be sentenced in accordance with paragraphs 7#a7 through 7#d7 of this subsection and subsection 7e74 4 7c7 ,clarifying original congressional intent regarding application of certain penalties ,section #ajaj of the ,controlled ,substances ,import and ,export ,act 7#ba ,u4,s4,c4 #ifj7 is amended by adding at the end the following3 7e7 ,clarifying original congressional intent regarding application of penalties under the controlled substances import and export act 7#a7 ,the penalties set forth in paragraph 7#a7 of subsection 7b7 apply only if-- 7,a7 type and quantity of the controlled or counterfeit substance violates paragraph 7#a7 of subsection 7b72 and 7,b7 the defendant was an organizer or leader of a drug trafficking organization4 7#b7 ,the penalties set forth in paragraph 7#b7 of subsection 7b7 apply only if-- 7,a7 the type and quantity of the controlled or counterfeit substance violates paragraph 7#b7 of subsection 7b72 and 7,b7 the defendant was an organizer1 leader1 manager1 or supervisor of a drug trafficking organization4 7#c7 ,the penalties set forth in paragraph 7#c7 of subsection 7b7 apply only if-- 7,a7 the type and quantity of the controlled or counterfeit substance violates paragraph 7#a71 7#b71 or 7#c7 of subsection 7b72 and 7,b7 the defendant was not a leader1 organizer1 manager1 or supervisor of a drug trafficking organization4 7#d7 ,the penalties set forth in paragraph 7#d7 of subsection 7b7 apply only if-- 7,a7 the defendant's conduct does not violate paragraphs 7#a7 through 7#c72 7,b7 the defendant's role was not minor or minimal2 and 7,c7 the defendant is not a leader1 organizer1 manager1 or supervisor of or otherwise employed by a drug trafficking organization4 7#e7 ,the penalties set forth in section #djd of the ,controlled ,substances ,act shall apply to prosecutions under section #ajaj7;b7 of this ,act if-- 7,a7 the defendant's conduct does not violate paragraphs 7#a7 through 7#c72 and 7,b7 the defendant's role was minor or minimal4 7#f7 ,notwithstanding paragraph 7#d7 of subsection 7b7 or paragraph 7#d7 or 7#e7 of this subsection1 whoever violates subsection 7a7 of this section by distributing a small amount of marijuana for no remuneration shall be treated as provided in section #djd of the ,controlled ,substances ,act and section #cfjg of title #ah1 ,united ,states ,code4 4 7d7 ,definitions ,section #ajb of the ,controlled ,substances ,act is amended by adding at the end the following3 7#eh7 7,a7 ,the term participant means a person who is criminally responsible for the commission of the offense1 and does not include a law enforcement officer or a person acting on behalf of law enforcement4 7,b7 ,the term organizer or leader means a person who1 over a significant period of time-- 7i7 exercised primary decision-making authority over the most significant aspects of the criminal activity2 7ii7 engaged in significant planning of the acquisition or distribution of large quantities of drugs or sums of money for the initiation and commission of the offense2 7iii7 recruited and paid accomplices2 7iv7 delegated tasks to other participants on a regular basis2 7v7 received a significantly larger share of the proceeds of the criminal activity than other participants2 and 7vi7 exercised supervisory control or authority over at least four other participants in the criminal activity who meet the definition of manager or supervisor in subsection 7d77#c7 over a substantial period of time4 7,c7 ,the term manager or supervisor means a person who1 over a significant period of time-- 7i7 exercised some decision-making authority over significant aspects of the criminal activity2 7ii7 received a larger share of the proceeds of the criminal activity than most other participants2 and 7iii7 provided ongoing1 day-to-day supervision of1 or specialized training to1 at least four other participants over a substantial period of time4 7,d7 ,when used with regards to a defendant's role in the offense1 the term minor means the person was not a manager1 supervisor1 organizer1 or leader1 and1 in comparison with those in the offense who played such roles-- 7i7 exercised little decision-making authority over aspects of the criminal activity2 7ii7 had little or no knowledge of the scope1 extent1 and inner workings of the criminal activity2 7iii7 received small shares of the proceeds of the criminal activity2 or 7iv7 was involved in the offense for a short period of time or in a sporadic manner over a long period of time4 7,e7 ,when used with regards to a defendant's role in the offense1 the term minimal means the person was not a manager1 supervisor1 organizer1 or leader1 and the person's involvement in the crime was less substantial than that of a person playing a minor role4 4 7e7 ,applicability to other controlled substances deriving their penalties therefrom 7#a7 ,section #dja of the ,controlled ,substances ,act is amended by adding at the end1 as amended by section #fjdja7;a7 of this title3 7i7 ,the penalties set forth in subsections 7b7 and 7i7 of this section shall apply to any provision of law for which the penalties are derived from this section4 4 7#b7 ,section #ajaj of the ,controlled ,substances ,import and ,export ,act is amended by adding at the end1 as amended by section #fjdja7;c7 of this title3 7f7 ,application of penalties ,the penalties set forth in subsections 7b7 and 7e7 of this section shall apply to any provision of law for which the penalties are derived from this section4 #fjdjb4 ,modification of criteria for safety valve limitation on applicability of certain mandatory minimums 7a7 ,in general ,section #ceec7;f7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by inserting or under any provision of law for which the penalties are derived from any of those sections1 or section #ibd7;c7 of this title in relation to a drug trafficking crime1 before the court shall impose2 7#b7 so that paragraph 7#a7 reads as follows3 7#a7 the defendant-- 7,a7 does not have a criminal history category higher than category ,i after any downward departure under the sentencing guidelines2 7,b7 does not have-- 7i7 criminal history points higher than #d after any downward departure under the sentencing guidelines2 or 7ii7 an offense of conviction that is-- 7,i7 an offense under section #ibb or #ibd2 7,,ii7 a sex offense 7as defined in section #aaa of the ,adam ,walsh ,child ,protection and ,safety ,act of #bjjf72 7,,iii7 a ,federal crime of terrorism 7as defined in section #bccb;b7g77#e772 or 7,,iv7 a racketeering offense under section #aifb2 or 7,c7 committed the offense as the result of-- 7i7 mental illness1 cognitive deficits1 or a history of persistent or serious substance abuse or addiction2 7ii7 trauma suffered while serving on active duty in an armed conflict zone for a branch of the ,united ,states military2 or 7iii7 victimization stemming from any combination of physical1 mental1 emotional1 or psychological abuse or domestic violence1 if the offense was committed at the direction of another individual who-- 7,i7 was a more culpable participant in the instant offense or played a significantly greater role in the offense2 or 7,,ii7 effectively coerced the defendant's involvement in the offense by means of threats or abuse either directly from the other individual or through any person or group2 2 7#c7 so that paragraph 7#b7 reads as follows3 7#b7 the defendant did not use violence or credible threats of violence in connection with the offense2 2 and 7#d7 so that paragraph 7#d7 reads as follows3 7#d7 the defendant was not convicted under section #dja of the ,controlled ,substances ,act or section #ajaj7;b7 of the ,controlled ,substances ,import and ,export ,act for being an organizer1 leader1 manager1 or supervisor of a drug trafficking organization1 and was not engaged in a continuing criminal enterprise1 as defined in section #djh of the ,controlled ,substances ,act2 and 4 7b7 ,limitation on use of certain information ,to determine guideline range ,subsection 7f77#e7 of section #ceec of title #ah1 ,united ,states ,code1 as amended by section #fjdjb7;a7 of this title1 is amended further by adding at the end the following3 7h7 ,limitation on use of certain information ,to determine guideline sentence ,information and evidence provided by the defendant pursuant to this paragraph shall not be used by the court in determining the applicable guideline range1 or in imposing an upward departure or variance4 4 #fjdjc4 ,consistency in the use of prior convictions for sentencing enhancements 7a7 ,definition of felony drug offense ,section #ajb7dd7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb7dd77 is amended to read as follows3 7#dd7 ,for the purpose of increased punishment based on a prior conviction for a felony drug offense1 the term felony drug offense-- 7,a7 means an offense under ,federal or ,state law that-- 7i7 has as an element the knowing manufacture1 distribution1 import1 export1 or possession with intent to distribute a controlled substance2 7ii7 is classified by the applicable law of the jurisdiction as a felony for which a maximum term of imprisonment of #aj years or more is prescribed by law2 and 7iii7 for which a sentence of imprisonment exceeding #a year and #a month was initially imposed and was not suspended2 but 7,b7 does not include an offense for which-- 7i7 the conviction occurred more than #aj years before the defendant's commission of the instant offense1 excluding any period during which the defendant was incarcerated2 7ii7 the prosecution relating to the offense was ultimately dismissed1 including in a case in which the defendant previously entered a plea of guilty or nolo contendere2 7iii7 the conviction has been reversed1 vacated1 set aside1 or otherwise vitiated by judicial action2 7iv7 the conviction was expunged2 7v7 the defendant has been pardoned or had civil rights restored2 or 7vi7 the conviction was unconstitutional under the caselaw of the ,united ,states ,supreme ,court in effect at the time the conviction occurred or after the conviction became final4 4 7b7 ,definition of felony drug trafficking offense ,section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb7 is amended by adding at the end the following3 7#eg7 ,for the purpose of increased punishment based on a prior conviction for a drug trafficking offense1 that term has the same meaning as the term felony drug offense under subsection 7#dd74 4 7c7 ,definitions of related terms for chapter #dd of title #ah1 ,united ,states ,code ,section #ibd7;e77#b7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,a71 by striking means-- and all that follows through the end of the subparagraph and inserting means a felony drug offense as that term is defined in section #ajb7dd7 of the ,controlled ,substances ,act22 7#b7 in subparagraph 7,b71 by inserting 1 for which a sentence of imprisonment exceeding #a year and #a month was initially imposed and not suspended after adult2 and 7#c7 in subparagraph 7,c71 by striking the period at the end and inserting 1 but does not include a conviction for any offense that is not classified as a felony by the applicable law of the jurisdiction or is a conviction of the sort described in subparagraph 7,b7 of section #ajb7dd7 of the ,controlled ,substances ,act and does not include any finding that the defendant committed an act of juvenile delinquency that was made more than #aj years before the defendant's commencement of the instant offense1 excluding any period during which the defendant was incarcerated2 and4 7d7 ,requirement of filing an information ,section #ibd7;e7 of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7#c7 ,a person may not be sentenced to increased punishment under this subsection unless1 before trial or entry of a guilty plea1 the ,united ,states ,attorney files an information with the court and serves a copy on the person or his counsel stating in writing the previous convictions to be relied upon4 4 7e7 ,applying evidence-,based practices for age-,related declines in recidivism to certain penalties 7#a7 ,in general ,section #dja7;b77#a7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hda7;b77#a77 is amended-- 7,a7 in subparagraph 7,a7-- 7i7 in the flush text following clause 7viii71 by striking life imprisonment1 a fine and inserting a term of imprisonment which may not be less than #be years and not more than life imprisonment1 a fine2 and 7ii7 in the flush text following clause 7viii71 by striking term of life imprisonment without release and inserting a term of imprisonment which may not be less than #be years and not more than life imprisonment1 a fine2 7,b7 in subparagraph 7,b71 in the flush text following clause 7viii71 by striking life imprisonment1 a fine and inserting a term of imprisonment which may not be less than #be years and not more than life imprisonment1 a fine2 and 7,c7 in subparagraph 7,c71 by striking life imprisonment1 a fine and inserting a term of imprisonment which may not be less than #be years and not more than life imprisonment1 a fine4 7#b7 ,retroactive effect ,the amendments made by this subsection apply with respect to convictions occurring before1 on1 or after the date of the enactment of this ,act4 7f7 ,procedures related to seeking enhanced drug penalties for drug trafficking ,section #daa of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hea7 is amended by striking paragraph 7#b7 of subsection 7a7 and inserting the following3 7#b7 ,no person who is convicted of an offense under this part shall be sentenced to increased punishment by reason of a prior conviction if-- 7,a7 except as provided in paragraph 7#d71 the ,government fails1 before trial1 or before entry of a plea of guilty1 to file an information with the court and serves a copy of such information on the person or counsel for that person1 stating any previous conviction upon which the ,government intends to rely for the enhanced penalty2 7,b7 the person was not convicted as alleged in the information2 7,c7 the conviction is for simple possession of a controlled substance1 the offense was classified as a misdemeanor under the law of the jurisdiction in which the proceedings were held1 the finding that the defendant committed an act of juvenile delinquency that made more than #aj years before the defendant's commencement of the instant offense1 excluding any period during which the defendant was incarcerated1 or the proceedings resulted in a disposition that was not deemed a conviction under that law2 7,d7 the conviction has been dismissed1 expunged1 vacated1 or set aside1 or for which the person has been pardoned or has had civil rights restored2 7,e7 the conviction is invalid2 or 7,f7 the person is otherwise not subject to an increased sentence as a matter of law4 7#c7 ,an information may not be filed under this section-- 7,a7 if the increased punishment which may be imposed is imprisonment for a term in excess of three years unless the person either waived or was afforded prosecution by indictment for the offense for which such increased punishment may be imposed2 or 7,b7 more than #aj years after the date the judgment for the prior conviction was entered1 excluding any period during which the defendant was incarcerated4 7#d7 ,upon a showing by the ,government that facts regarding prior convictions could not with due diligence be obtained prior to trial or before entry of a plea of guilty1 the court may postpone the trial or the taking of the plea of guilty for a reasonable period for the purpose of obtaining those facts4 7#e7 ,clerical mistakes in the information1 or in the underlying conviction records1 may be amended at any time prior to the pronouncement of the sentence4 7#f7 ,the ,government shall bear the burden of proof beyond a reasonable doubt regarding the existence and accuracy of any prior conviction alleged4 7#g7 ,the person with respect to whom the information was filed may challenge a prior conviction before sentence is imposed4 7#h7 ,if a prior conviction that was a basis for increased punishment under this part has been vacated in any ,state or ,federal proceeding1 or is for an offense that no longer qualifies as a felony drug offense under ,united ,states ,supreme ,court or relevant circuit caselaw1 the person shall be resentenced to any sentence available under the law at the time of resentencing1 not to exceed the original sentence4 4 7g7 ,information filed by ,united ,states attorney ,paragraph 7#d7 of section #ceei7;c7 of title #ah1 ,united ,states ,code1 is amended to read as follows3 7#d7 ,information filed by ,united ,states attorney ,a person may not be sentenced to increased punishment under this subsection unless1 before trial or entry of a guilty plea1 the ,united ,states ,attorney files an information with the court and serves a copy on the person or his counsel stating in writing the previous convictions to be relied upon4 4 7h7 ,resentencing ,section #ceei7;c77#g7 of title #ah1 ,united ,states ,code1 is amended by inserting not to exceed the original sentence before the period at the end4 #fjdjd4 ,eligibility for resentencing based on changes in law ,section #cehb7;c7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by striking and at the end of paragraph 7#a72 7#b7 by striking the period at the end of paragraph 7#b7 and inserting 2 and2 and 7#c7 by adding at the end the following3 7#c7 in the case of a defendant who was sentenced to a term of imprisonment for an offense for which the minimum or maximum term of imprisonment was subsequently reduced as a result of the amendments made by the ,,safe ,justice ,act1 upon motion of the defendant1 counsel for the defendant1 counsel for the ,government1 or the ,director of the ,bureau of ,prisons1 or1 on its own motion1 the court may reduce the term of imprisonment consistent with that reduction1 after considering the factors set forth in subsections 7a7 and 7d7 through 7g7 of section #ceec to the extent applicable4 ,if the court does grant a sentence reduction1 the reduced sentence shall not be less than permitted under current statutory law4 ,if the court denies a motion made under this paragraph1 the movant may file another motion under this subsection1 not earlier than #e years after each denial1 which may be granted if the offender demonstrates the offender's compliance with recidivism-reduction programming or other efforts the offender has undertaken to improve the likelihood of successful re-entry and decrease any risk to public safety posed by the defendant's release4 ,if the court denies the motion due to incorrect legal conclusions or facts or other mistakes by the court1 probation officer1 or counsel1 the defendant may file another motion under this subsection at any time4 4 #fjdje4 ,directives to the ,sentencing ,commission 7a7 ,generally ,pursuant to its authority under section #iid7p7 of title #bh1 ,united ,states ,code1 and in accordance with this section1 the ,united ,states ,sentencing ,commission shall review and amend its guidelines and its policy statements applicable to persons convicted of an offense under the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hja et seq471 the ,controlled ,substances ,import and ,export ,act 7#ba ,u4,s4,c4 #iea et seq471 or any offense deriving its penalties therefrom to ensure that the guidelines and policy statements are consistent with the amendments made by this title4 7b7 ,considerations ,in carrying out this section1 the ,united ,states ,sentencing ,commission shall consider-- 7#a7 the mandate of the ,united ,states ,sentencing ,commission1 under section #iid7;g7 of title #bh1 ,united ,states ,code1 to formulate the sentencing guidelines in such a way as to minimize the likelihood that the ,federal prison population will exceed the capacity of the ,federal prisons2 7#b7 the relevant public safety concerns1 including the need to preserve limited prison resources for more serious1 repeat1 and violent offenders2 7#c7 the intent of ,congress that violent1 repeat1 and high-level drug traffickers who present public safety risks receive sufficiently severe sentences1 and that nonviolent1 lower- and street-level drug offenders without serious records receive proportionally less severe sentences2 7#d7 the fiscal implications of any amendments or revisions to the sentencing guidelines or policy statements made by the ,united ,states ,sentencing ,commission2 7#e7 the appropriateness of1 and likelihood of unwarranted sentencing disparity resulting from1 use of drug type and quantity as the primary factors determining a sentencing guideline range2 and 7#f7 the need to reduce and prevent racial disparities in ,federal sentencing4 7c7 ,general instruction to sentencing commission ,section #iid7;h7 of title #bh1 ,united ,states ,code1 is amended to read as follows3 7h7 ,the ,commission shall ensure that the guidelines specify a sentence to a term of imprisonment at or near the maximum term authorized for categories of defendants in which the defendant is #ah years old or older and-- 7#a7 has been convicted of a felony that is-- 7,a7 a violent felony as defined in section #ibd7;e77#b77;,b7 of title #ah2 or 7,b7 an offense under-- 7i7 section #dja of the ,controlled ,substances ,act2 7ii7 section #ajjb7;a71 #ajje1 or #ajji of the ,controlled ,substances ,import and ,export ,act2 or 7iii7 chapter #gje of title #df1 ,united ,states ,code2 and 7#b7 has previously been convicted of two or more prior offenses1 each of which-- 7,a7 is classified by the applicable law of the convicting jurisdiction as a felony2 and 7,b7 is-- 7i7 a violent felony as defined in section #ibd7;e77#b77;,b7 of title #ah2 or 7ii7 a felony drug offense as defined in section #ajb7dd7 of the ,controlled ,substances ,act4 4 #fjdjf4 ,exclusion of acquitted conduct and discretion to disregard manipulated conduct from consideration during sentencing 7a7 ,acquitted conduct not ,to be considered in sentencing ,section #cffa of title #ah1 ,united ,states ,code1 is amended by striking the period at the end and inserting 1 except that a court shall not consider conduct of which a person has not been convicted44 7b7 ,providing discretion ,to disregard certain factors in sentencing 7#a7 ,title #ah1 ,united ,states ,code ,section #ceec of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7g7 ,discretion ,to disregard certain factors ,a court1 in sentencing a defendant convicted under the ,controlled ,substances ,act1 the ,controlled ,substances ,import and ,export ,act1 any offense deriving its penalties from either such ,act1 or an offense under section #ibd7;c7 based on a drug trafficking crime1 may disregard1 in determining the statutory range1 calculating the guideline range or considering the factors set forth in section #ceec7;a71 any type or quantity of a controlled substance1 counterfeit substance1 firearm or ammunition that was determined by a confidential informant1 cooperating witness1 or law enforcement officer who solicited the defendant to participate in a reverse sting or fictitious stash-house robbery4 4 7#b7 ,controlled ,substances ,act ,section #dja7;b77#a7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hda7;b77#a77 is amended by adding at the end the following3 7,f7 ,in the case of a person who conspires to commit an offense under this title1 the type and quantity of the controlled or counterfeit substance for the offense that was the object of the conspiracy shall be the type and quantity involved in-- 7i7 the defendant's own unlawful acts2 and 7ii7 any unlawful act of a co-conspirator that-- 7,i7 the defendant agreed to jointly undertake2 7,,ii7 was in furtherance of that unlawful act the defendant agreed to jointly undertake2 and 7,,iii7 was intended by the defendant4 4 7#c7 ,controlled substances import and export act ,section #ajaj7;b7 of the ,controlled ,substances ,import and ,export ,act 7#ba ,u4,s4,c4 #ifj7;b77 is amended by adding at the end the following3 7#h7 ,in the case of a person who conspires to commit an offense under this title1 the type and quantity of the controlled or counterfeit substance for the offense that was the object of the conspiracy shall be the type and quantity involved in-- 7,a7 the defendant's own unlawful acts2 and 7,b7 any unlawful act of a co-conspirator that-- 7i7 the defendant agreed to jointly undertake2 7ii7 was in furtherance of that unlawful act the defendant agreed to jointly undertake2 and 7iii7 was intended by the defendant4 4 7#d7 ,directive to the sentencing commission ,pursuant to its authority under section #iid7p7 of title #bh1 ,united ,states ,code1 and in accordance with this section1 the ,united ,states ,sentencing ,commission shall review and amend its guidelines and policy statements applicable to relevant conduct to ensure that they are consistent with the amendments made by this section4 7#e7 ,definitions ,the following definitions apply in this section3 7,a7 ,reverse sting ,the term reverse sting means a situation in which a person who is a law enforcement officer or is acting on behalf of law enforcement initiates a transaction involving the sale of a controlled substance1 counterfeit substance1 firearms or ammunition to a targeted individual4 7,b7 ,stash house ,the term stash house means a location where drugs and_/or money are stored in furtherance of a drug distribution operation4 7,c7 ,fictitious stash house robbery ,the term fictitious stash house robbery means a situation in which a person who is a law enforcement officer or is acting on behalf of law enforcement describes a fictitious stash house to a targeted individual and invites the targeted individual to rob such fictitious stash house4 #b ,clarification of ,congressional ,intent on ,certain ,recidivist ,penalties #fjdjg4 ,amendments to enhanced penalties provision ,section #ibd7;c7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in clause 7i71 by striking not less than #be years and inserting not less than #ae years42 and 7#b7 by adding at the end the following3 7#f7 ,in this subsection1 the term during and in relation to does not include any possession not on the person of1 or within arm's reach and otherwise readily and immediately accessible to the defendant at the time and place of the offense4 4 #c ,expanding the ,ability ,to ,apply for ,compassionate ,release #fjdjh4 ,ability to petition for release to extended supervision for certain prisoners who are medically incapacitated1 geriatric1 or caregiver parents of minor children and who do not pose public safety risks 7a7 ,eligibility ,subparagraph 7,a7 of section #cehb7;c77#a7 of title #ah1 ,united ,states ,code1 is amended to read as follows3 7,a7 the court1 upon motion of the defendant1 the ,director of the ,bureau of ,prisons1 or on its own motion1 may reduce the term of imprisonment after considering the factors set forth in section #ceec7;a7 to the extent they are applicable1 if it finds that-- 7i7 extraordinary and compelling reasons warrant such a reduction2 or 7ii7 the defendant-- 7,i7 is at least #fj years of age2 7,,ii7 has an extraordinary health condition2 or 7,,iii7 has been notified that-- 7aa7 the primary caregiver of the defendant's biological or adopted child under the age of #ah has died or has become medically1 mentally1 or psychologically incapacitated2 7bb7 the primary caregiver is therefore unable to care for the child any longer2 and 7cc7 other family members or caregivers are unable to care for the child1 such that the child is at risk of being placed in the foster care system2 and 4 7b7 ,ineligibility and procedure ,section #cehb of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7e7 ,ineligibility ,no prisoner is eligible for a modification of sentence under subsection 7c77#a77;,a7 if the prisoner is serving a sentence of imprisonment for any of the following offenses3 7#a7 ,a ,federal conviction for homicide in which the prisoner was proven beyond a reasonable doubt to have had the intent to cause death and death resulted4 7#b7 ,a ,federal crime of terrorism1 as defined under section #bccb;b7g77#e74 7#c7 ,a ,federal sex offense1 as described in section #aaa of the ,sex ,offender ,registration and ,notification ,act 7#db ,u4,s4,c4 #afiaa74 7f7 ,requirements for certain motions ,if the prisoner makes a motion under subsection 7c77#a77;,a7 on the basis of an extraordinary health condition or the death or incapacitation of the primary caregiver of the prisoner's minor child1 that prisoner shall provide documentation1 as the case may be-- 7#a7 setting forth a relevant diagnosis regarding the extraordinary health condition2 or 7#b7 that-- 7,a7 the requirements of subsection 7c77#a77;,a77ii77,,iii7 are met2 and 7,b7 the prisoner's release-- 7i7 is in the best interest of the child2 and 7ii7 would not endanger public safety4 7g7 ,procedure for court determination 7#a7 ,upon receipt of a prisoner's motion under subsection 7c77#a77;,a71 the court1 after obtaining relevant contact information from the ,attorney ,general1 shall send notice of the motion to the victim or victims1 or appropriate surviving relatives of a deceased victim1 of the crime committed by the prisoner4 ,the notice shall inform the victim or victims or surviving relatives of a deceased victim of how to provide a statement prior to a determination by the court on the motion4 7#b7 ,not later than #fj days after receiving a prisoner's motion for modification under subsection 7c77#a77;,a71 the court shall hold a hearing on the motion if the motion has not been granted4 7#c7 ,the court shall grant the modification under subsection 7c77#a77;,a7 if the court determines that-- 7,a7 the prisoner meets the criteria pursuant to subsection 7c77#a77;,a72 and 7,b7 there is a low likelihood that the prisoner will pose a risk to public safety4 7#d7 ,in determining a prisoner's motion for a modification of sentence under subsection 7c77#a77;,a7 the court shall consider-- 7,a7 the age of the prisoner and years served in prison2 7,b7 the criminogenic needs and risk factors of the offender2 7,c7 the prisoner's behavior in prison2 7,d7 an evaluation of the prisoner's community and familial bonds2 7,e7 an evaluation of the prisoner's health2 and 7,f7 a victim statement1 if applicable1 pursuant to paragraph 7#a74 7h7 ,actions with respect to successful motion ,if the court grants the prisoner's motion pursuant to subsection 7c77#a77;,a71 the court shall-- 7#a7 reduce the term of imprisonment for the prisoner in a manner that provides for the release of the prisoner not later than #cj days after the date on which the prisoner was approved for sentence modification2 7#b7 modify the remainder of the term of imprisonment to home confinement or residential re-entry confinement with or without electronic monitoring2 or 7#c7 lengthen or impose a term of supervised release so that it expires on the same date as if the defendant received no relief under subsection 7c77#a77;,a74 7i7 ,subsequent motions ,if the court denies a prisoner's motion pursuant to subsection 7c77#a77;,a71 the prisoner may not file another motion under subsection 7c77#a77;,a7 earlier than one year after the date of denial4 ,if the court denies the motion due to incorrect legal conclusions or facts or other mistakes by the court1 probation officer1 or counsel1 the prisoner may file another motion under that subsection without regard to this limitation4 7j7 ,definition ,in this section1 the term extraordinary health conditions means a condition afflicting a person1 such as infirmity1 significant disability1 or a need for advanced medical treatment or services not readily or reasonably available within the correctional institution4 4 7c7 ,effective date ,the amendments made by this section take effect #a year after the date of the enactment of this ,act4 ,e ,encouraging ,accountability ,with ,greater ,use of ,evidence-,based ,sentencing ,alternatives for ,lower-,level ,offenders #fjeja4 ,eligibility for prejudgement probation ,section #cfjg7;a77#a7 of title #ah1 ,united ,states ,code1 is amended by striking been convicted of violating a ,federal or ,state law relating to controlled substances and inserting been convicted of a felony under the ,controlled ,substances ,act1 the ,controlled ,substances ,import and ,export ,act1 or any other ,federal offense deriving its penalties from either such ,act4 #fjejb4 ,sentence of probation ,subsection 7a7 of section #cefa of title #ah1 ,united ,states ,code1 is amended to read as follows3 7a7 ,in general 7#a7 ,probation generally available ,except as provided in paragraph 7#b71 a defendant who has been found guilty of an offense may be sentenced to probation4 7#b7 ,general exceptions ,a defendant may not be sentenced to probation if-- 7,a7 the offense is a ,class ,a or ,class ,b felony and the defendant is an individual2 7,b7 the offense is an offense for which probation has been expressly precluded2 or 7,c7 the defendant is sentenced at the same time to a term of imprisonment for the same or a different offense that is not a petty offense4 7#c7 ,presumption of probation for certain offenders ,the court shall sentence an otherwise eligible defendant to probation1 if the defendant is a first-time ,federal offender whose place of residence allows for ,federal probation supervision and who did not engage in violent conduct as a part of the offense1 unless the court1 having considered the nature and circumstances of the offense and the history and characteristics of the defendant1 finds on the record that a term of probation would not be appropriate4 ,however1 a defendant convicted of a ,federal sex offense1 as described in section #aaa of the ,sex ,offender ,registration and ,notification ,act1 is not subject to a presumption of probation under this paragraph4 4 #fjejc4 ,directive to the ,sentencing ,commission regarding use of probation 7a7 ,directive to the sentencing commission ,pursuant to its authority under section #iid7p7 of title #bh1 ,united ,states ,code1 and in accordance with this section1 the ,united ,states ,sentencing ,commission shall review and amend its guidelines and its policy statements applicable to persons eligible for probation to ensure that the guidelines and policy statements are consistent with the amendments made by section #fjeja4 7b7 ,considerations ,in carrying out this section1 the ,united ,states ,sentencing ,commission shall consider-- 7#a7 the mandate of the ,united ,states ,sentencing ,commission1 under section #iid7;g7 of title #bh1 ,united ,states ,code1 to formulate the sentencing guidelines in such a way as to minimize the likelihood that the ,federal prison population will exceed the capacity of the ,federal prisons2 7#b7 the fiscal implications of any amendments2 7#c7 relevant public safety concerns and the statutory sentencing factors under section #ceec of title #ah2 and 7#d7 the intent of ,congress that prison be reserved for serious offenders for whom prison is most appropriate4 #fjejd4 ,establishing accountability evidence-based problem-solving court programs 7a7 ,in general ,part ,,ii of title #ah1 ,united ,states ,code1 is amended by inserting after chapter #bjg the following3 #bjg;,a ,problem-,solving ,court ,programs ,sec4 #caeg4 ,establishment of problem-solving court programs4 #caeh4 ,evaluation of problem-solving court programs4 #caei4 ,definitions4 #caeg4 ,establishment of problem-solving court programs 7a7 ,in general ,a ,united ,states district court may establish a problem-solving court program in its district4 7b7 ,use of research-,based principles and practices ,the ,director of the ,administrative ,office of the ,united ,states ,courts shall ensure that all ,federal courts have available to them current information and research relating to best practices for reducing participant recidivism through problem-solving court programs4 7c7 ,information sharing among courts ,the ,united ,states ,sentencing ,commission1 pursuant to its authority under section #iie7;a77#ab77;,a7 of title #bh to serve as a clearinghouse and information center1 shall provide a website where ,united ,states ,district ,court problem-solving court programs may post and share research1 documents1 best practices1 and other information with each other and the public4 7d7 ,best practices ,the ,director of the ,administrative ,office of the ,united ,states ,courts shall ensure all ,federal courts adhere to the following best practices3 7#a7 ,focus problem-solving court program resources on offenders facing prison terms to ensure that a problem-solving court program functions to divert that offender from incarceration and ensures that the penalty for noncompliance with the program does not exceed what would have the original penalty or sentence for the offense4 7#b7 ,adopt objective admission criteria4 7#c7 ,use the pre-plea rather than the post-plea model4 7#d7 ,ensure due process protections4 7#e7 ,incorporate evidence-based health measures1 not simply abstinence1 into substance abuse problem-solving court program goals to ensure that the underlying health issue is addressed instead of merely being punished4 7#f7 ,improve overall treatment quality and employ opioid maintenance treatments for substance abuse problem-solving court programs as well as other evidence-based therapies4 #caeh4 ,evaluation of problem-solving court programs ,the ,judicial ,conference shall ensure that each ,federal problem-solving court program1 not later than #a year after the date of its commencement of operations1 adopts a plan to measure its success in reducing recidivism and costs4 #caei4 ,definitions ,in this chapter-- 7#a7 the term problem-solving court program means a judge-involved intensive intervention1 supervision1 and accountability process in which a defendant participates1 either before conviction1 sentencing1 or other disposition or upon being sentenced to a term of probation or upon release from a sentence of incarceration1 that may include substance abuse1 mental health1 employment1 and veterans' programs2 and 7#b7 the term problem-solving court program coordinator means an existing employee of the ,united ,states ,courts who is responsible for coordinating the establishment1 staffing1 operation1 evaluation1 and integrity of the problem-solving court program4 4 7b7 ,clerical amendment ,the table of chapters for part ,,ii of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to chapter #bjg the following new item3 #bjg;,a4,problem-solving court programs#caeg 4 ,f ,implementing ,evidence-,based ,practices to ,reduce ,recidivism #a ,revision of ,statutory ,sentence ,credits #fjfja4 ,delivery and incentives to complete in-prison recidivism reduction programming 7a7 ,in general ,section #cfba7;e7 of title #ah1 ,united ,states ,code1 is amended to read as follows3 7e7 ,in-,prison programming 7#a7 ,in-prison programming ,in order to carry out the requirement of subsection 7b7 that every prisoner with a substance abuse problem have the opportunity to participate in appropriate substance abuse treatment1 and to address the criminogenic needs of ,federal offenders more generally1 the ,director of the ,bureau of ,prisons shall1 subject to the availability of appropriations-- 7,a7 provide residential substance abuse treatment for all eligible offenders1 with priority for such treatment accorded based on eligible prisoners' proximity to release date2 7,b7 provide cognitive-based therapy for all eligible offenders2 7,c7 provide workforce development through participation in the ,federal ,prison ,industries2 and 7,d7 provide vocational and occupational training4 7#b7 ,incentives for prisoner's successful completion of programming 7,a7 ,any prisoner who in the judgment of the ,director of the ,bureau of ,prisons has successfully completed a program of residential substance abuse treatment or cognitive behavioral therapy provided under paragraph 7#a7 of this subsection shall be eligible for a reduction of incarceration by up to one year4 7,b7 ,any prisoner who1 in the judgment of the ,director of the ,bureau of ,prisons1 has completed at least #cj days of work for ,federal ,prison ,industries or vocational and occupational training shall be eligible to have the total period of incarceration reduced by up to the total number of days of work for ,federal ,prison ,industries or vocational and occupational training1 but not to exceed one year4 7#c7 ,restrictions on reductions in the period of custody ,reductions in the period of incarceration earned under paragraph 7#b7 of this subsection shall not exceed one year4 4 7b7 ,corresponding amendments to existing law ,section #cfbd7;a7 of title #ah1 ,united ,states ,code1 is amended by striking as provided in subsection 7b7 and inserting as provided in subsection 7b7 and section #cfba7;e7 and section #cfba;,a7d77#c74 7c7 ,transition ,the amendments made by this section shall take effect on the date not later than #a year after the date of the enactment of this section4 #fjfjb4 ,post-sentencing risk and needs assessment system and in-prison recidivism reduction programming 7a7 ,development of system 7#a7 ,generally ,not later than one year after the date of the enactment of this section1 the ,attorney ,general shall develop an offender risk and needs assessment system1 which shall-- 7,a7 assess and determine the criminogenic needs and risk factors of all admitted offenders2 7,b7 be used to assign each prisoner to appropriate recidivism reduction programs or productive activities based on the prisoner's specific criminogenic needs and risk factors2 and 7,c7 in accordance with section #cfba;,a7d7 7#a7 and 7#b7 of title #ah1 ,united ,states ,code1 document eligible prisoners' required recidivism reduction programs or productive activities in a case plan and their progress in completing the elements of that case plan4 7#b7 ,research and best practices ,in designing the offender risk and needs assessment system1 the ,attorney ,general shall use available research and best practices in the field and consult with academic and other criminal justice experts as appropriate4 7#c7 ,risk and needs assessment tool ,in carrying out this subsection1 the ,attorney ,general shall prescribe a suitable intake assessment tool to be used in carrying out subparagraphs 7,a7 and 7,b7 of paragraph 7#a71 and suitable procedures to complete the documentation described in subparagraph 7,c7 of paragraph 7#a74 ,the ,attorney ,general shall ensure that the assessment tool produces consistent results when administered by different people1 in recognition of the need to ensure interrater reliability4 7#d7 ,validation ,in carrying out this subsection1 the ,attorney ,general shall statistically validate the assessment tool on the ,federal prison population not later than #b years after the date of the enactment of this subsection4 7b7 ,use of risk and needs assessment system by bureau of prisons ,subchapter ,c of chapter #bbi of title #ah1 ,united ,states ,code1 is amended by inserting after section #cfba the following3 #cfba;,a4 ,post-sentencing risk and needs assessment system 7a7 ,assignment of recidivism reduction programs or productive activities ,in recognition that some activities or excessive programming may be counterproductive for some prisoners1 the ,attorney ,general may provide guidance to the ,director of the ,bureau of ,prisons on the quality and quantity of recidivism reduction programming or productive activities that are both appropriate and effective for each prisoner4 7b7 ,bureau of prisons training ,the ,attorney ,general shall develop protocols and programs for ,bureau of ,prisons personnel responsible for using the ,post-,sentencing ,risk and ,needs ,assessment ,system 7hereinafter in the section referred to as the ,assessment ,system7 created under the ,,safe ,justice ,act4 ,such training protocols shall include a requirement that such personnel demonstrate competence in administering the assessment tool1 including interrater reliability1 on a biannual basis4 7c7 ,quality assurance ,in order to ensure that the ,director of the ,bureau of ,prisons is using the ,assessment ,system in an appropriate and consistent manner1 the ,attorney ,general1 the ,government ,accountability ,office1 and the ,office of the ,inspector ,general shall monitor and assess the use of the ,assessment ,system and shall conduct separate and independent periodic audits of the use of the ,assessment ,system at ,bureau of ,prisons facilities4 7d7 ,evidence-,based assessment system and recidivism reduction programming 7#a7 ,in general ,the ,director of the ,bureau of ,prisons shall develop a case plan that targets the criminogenic needs and risk factors of each eligible prisoner-- 7,a7 to guide the prisoner's rehabilitation while incarcerated2 and 7,b7 to reduce the likelihood of recidivism after release4 7#b7 ,case plans 7,a7 ,content ,not later than #cj days after a prisoner's initial admission1 the ,director of the ,bureau of ,prisons shall complete a case plan for that prisoner4 ,the plan shall-- 7i7 include programming and treatment requirements based on the prisoner's identified criminogenic needs and risk factors1 as determined by the ,assessment ,system2 7ii7 ensure that a prisoner whose criminogenic needs and risk factors do not warrant recidivism reduction programming participates in and successfully complies with productive activities1 including prison jobs2 and 7iii7 ensure that each eligible prisoner participates in and successfully complies with recidivism reduction programming or productive activities1 including prison jobs1 throughout the entire term of incarceration of the prisoner4 7,b7 ,time constraints ,the ,director of the ,bureau of ,prisons shall ensure that the requirements set forth in the case plan are feasible and achievable prior to the prisoner's release eligibility date4 7,c7 ,notice to prisoner ,the ,director of the ,bureau of ,prisons shall-- 7i7 provide the prisoner with a written copy of the case plan and require the prisoner's case manager to explain the conditions set forth in the case plan and the incentives for successful compliance with the case plan2 and 7ii7 review the case plan with the prisoner once every #f months after the prisoner receives the case plan to assess the prisoner's progress toward successful compliance with the case plan and any need or eligibility for additional or different programs or activities4 7#c7 ,incentive for prisoner's successful compliance with case plan requirements 7,a7 ,in general ,except as provided in subparagraph 7,c71 the ,director of the ,bureau of ,prisons shall1 in addition to any other credit or reduction a prisoner receives under any other provision of law1 award earned time credit toward service of the prisoner's sentence of #aj days for each calendar month of successful compliance with the prisoner's case plan4 ,a prisoner who is detained before sentencing shall earn credit for participating in programs or activities during that period under this paragraph4 ,the total time credits that a prisoner may earn under this paragraph shall not exceed #abj days for any year of imprisonment4 ,a prisoner may receive credit at the end of each year of the sentence being served1 beginning at the end of the first year of the sentence4 ,for purposes of this section1 the first year of the sentence shall begin on the date the sentence commenced under section #cehe7;a7 less any credit for prior custody under section #cehe7;b74 ,any credits awarded under this section shall vest on the date the prisoner is released from custody4 7,b7 ,availability ,an eligible prisoner may receive under subparagraph 7,a7 credit for successful compliance with case plan requirements for participating in programs or activities before the date of enactment of this ,act if the ,director of the ,bureau of ,prisons determines that such programs or activities were the same or equivalent to those created pursuant to this section before the date of the enactment of this subsection4 7,c7 ,exclusions ,no credit shall be awarded under this paragraph to any prisoner serving a sentence of imprisonment for conviction for any of the following offenses3 7i7 ,a ,federal conviction for homicide in which the prisoner was proven beyond a reasonable doubt to have had the intent to cause death and death resulted4 7ii7 ,a ,federal crime of terrorism1 as defined under section #bccb;b7g77#e74 7iii7 ,a ,federal sex offense1 as described in section #aaa of the ,sex ,offender ,registration and ,notification ,act 7#db ,u4,s4,c4 #afiaa74 7,d7 ,participation by ineligible prisoners ,the ,director of the ,bureau of ,prisons shall make all reasonable efforts to ensure that every prisoner participates in recidivism reduction programming or productive activities1 including a prisoner who is excluded from earning time credits4 7,e7 ,other incentives ,the ,director of the ,bureau of ,prisons shall develop policies to provide appropriate incentives for successful compliance with case plan requirements1 in addition to the earned time credit described in subparagraph 7,a71 including incentives for prisoners who are precluded from earning credit under subparagraph 7,c74 ,such incentives may include additional commissary1 telephone1 or visitation privileges for use with family1 close friends1 mentors1 and religious leaders4 7,f7 ,penalties ,the ,director of the ,bureau of ,prisons shall amend its ,inmate ,discipline ,program to reduce credits previously earned under subparagraph 7,a7 for prisoners who violate the rules of the institution in which the prisoner is imprisoned1 a recidivism reduction program1 or a productive activity1 which shall provide-- 7i7 levels of violations and corresponding penalties1 which may include loss of earned time credits2 7ii7 that any loss of earned time credits shall not apply to future earned time credits that the prisoner may earn subsequent to a rule violation2 and 7iii7 a procedure to restore earned time credits that were lost as a result of a rule violation based on the prisoner's individual progress after the date of the rule violation4 7#d7 ,recidivism reduction programming and productive activities ,beginning not later than one year after the date of the enactment of the ,,safe ,justice ,act1 the ,attorney ,general shall1 subject to the availability of appropriations1 make available to all eligible prisoners appropriate recidivism reduction programming or productive activities1 including prison jobs4 ,the ,attorney ,general may provide such programming and activities by entering into partnerships with any of the following3 7,a7 ,nonprofit organizations1 including faith-based and community-based organizations that provide recidivism reduction programming1 on a paid or volunteer basis4 7,b7 ,educational institutions that will deliver academic classes in ,bureau of ,prisons facilities1 on a paid or volunteer basis4 7,c7 ,private entities that will1 on a paid or volunteer basis-- 7i7 deliver occupational and vocational training and certifications in ,bureau of ,prisons facilities2 7ii7 provide equipment to facilitate occupational and vocational training or employment opportunities for prisoners2 7iii7 employ prisoners2 or 7iv7 assist prisoners in prerelease custody or supervised release in finding employment4 7e7 ,definitions ,in this section the following definitions apply3 7#a7 ,case plan ,the term case plan means an individualized1 documented accountability and behavior change strategy developed by the ,director of the ,bureau of ,prisons to prepare offenders for release and successful reentry into the community4 ,the case plan shall focus on the offender's criminogenic needs and risk factors that are associated with the risk of recidivism4 7#b7 ,criminogenic needs and risk factors ,the term criminogenic needs and risk factors means characteristics and behaviors that are associated with the risk of committing crimes and that when addressed through evidence-based programming are diminished4 ,these factors include but are not limited to-- 7,a7 criminal thinking2 7,b7 criminal associates2 7,c7 antisocial behavior and personality2 7,d7 dysfunctional family2 7,e7 low levels of employment2 7,f7 low levels of education2 7,g7 substance abuse2 7,h7 mental health issues or cognitive deficits2 and 7,i7 poor use of leisure time4 7#c7 ,dynamic risk factor ,the term dynamic risk factor means a characteristic or attribute that has been shown to be associated with risk of recidivism and that can be modified based on a prisoner's actions1 behaviors1 or motives1 including through completion of appropriate programming or other means in a prison setting4 7#d7 ,eligible prisoner ,the term eligible prisoner means-- 7,a7 a prisoner serving a sentence of incarceration for conviction of a ,federal offense2 but 7,b7 does not include any prisoner who the ,bureau of ,prisons determines-- 7i7 would present a danger to himself or others if permitted to participate in recidivism reduction programming2 or 7ii7 is serving a sentence of incarceration of less than #a month4 7#e7 ,productive activity ,the term productive activity means a group or individual activity1 including holding a job as part of a prison work program1 that is designed to allow prisoners whose criminogenic needs and risk factors do not warrant recidivism reduction programming4 7#f7 ,recidivism reduction program ,the term recidivism reduction program means a group or individual activity that-- 7,a7 is of a kind that has been shown empirically to reduce recidivism or promote successful reentry2 and 7,b7 may include-- 7i7 substance abuse treatment2 7ii7 classes on social learning and life skills2 7iii7 classes on morals or ethics2 7iv7 academic classes2 7v7 cognitive behavioral treatment2 7vi7 mentoring2 7vii7 occupational and vocational training2 7viii7 faith-based classes or services2 and 7ix7 victim-impact classes or restorative justice programs4 7#g7 ,recidivism risk ,the term recidivism risk means the likelihood that a prisoner will commit additional crimes for which the prisoner could be prosecuted in a ,federal1 ,state1 or local court in the ,united ,states4 7#h7 ,recovery programming ,the term recovery programming means a course of instruction or activities that has been demonstrated to reduce substance abuse or dependence among participants1 or to promote recovery among individuals who have substance abuse issues4 7#i7 ,release eligibility date ,the term release eligibility date means the earliest date at which the offender could be released after accruing the maximum number of earned time credits for which the offender is eligible4 7#aj7 ,successful compliance ,the term successful compliance means that the person in charge of the ,bureau of ,prisons penal or correctional facility or that person's designee has determined that the eligible prisoner1 to the extent practicable1 and excusing any medical or court-related absences satisfied the following requirements for not less than #cj days3 7,a7 ,regularly attended and actively participated in appropriate recidivism reduction programs or productive activities1 as set forth in the eligible prisoner's case plan4 7,b7 ,did not regularly engage in disruptive activity that seriously undermined the administration of a recidivism reduction program or productive activity4 7#aa7 ,earned time credits ,the term earned time credits means credit toward service of the prisoner's sentence as described in subsection 7d77#c74 4 7c7 ,clerical amendment ,the table of sections at the beginning of subchapter ,c of chapter #bbi of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #cfba the following3 #cfba;,a4 ,post-sentencing risk and needs assessment system4 4 #b ,oversight of ,mental ,health and ,substance ,abuse ,treatment #fjfjc4 ,authorizing grants to ,states for the use of medication-assisted treatment for heroin1 opioid1 or alcohol abuse in residential substance abuse treatment 7a7 ,in general ,section #aijd of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgif;ff-#c7 is amended-- 7#a7 in subsection 7d71 by striking pharmacological treatment and inserting pharmacological treatment or medication assisted treatment not subject to diversion2 and 7#b7 by adding at the end the following3 7e7 ,definitions ,in this section-- 7#a7 the term medication assisted treatment means the use of medications approved by the ,food and ,drug ,administration1 in combination with counseling or behavioral therapies1 to treat heroin1 opioid1 or alcohol addiction2 and 7#b7 the term opioid means any chemical that binds to an opioid receptor and resembles opiates in its pharmacological effects4 4 7b7 ,report on medication assisted treatment for opioid and heroin abuse pilot program ,the ,director of the ,bureau of ,prisons shall submit within #ij days of enactment of this ,act to the ,committees on the ,judiciary and ,appropriations of the ,senate and the ,house of ,representatives a report and evaluation of the current pilot program within the ,bureau of ,prisons to treat heroin and opioid abuse through medication assisted treatment4 ,the report shall include a description of plans to expand access to medication assisted treatment for heroin and opioid abuse for ,federal prisoners in appropriate cases4 7c7 ,report on the availability of medication assisted treatment for opioid and heroin abuse ,within #ij days after the date of the enactment of this ,act1 the ,director of the ,administrative ,office of the ,united ,states ,courts shall submit a report to the ,committees on the ,judiciary and ,appropriations of the ,senate and the ,house of ,representatives assessing the availability of and capacity for the provision of medication assisted treatment for opioid and heroin abuse among treatment-service providers serving ,federal offenders under supervised release and including a description of plans to expand access to medication assisted treatment that is not subject to diversion for heroin and opioid abuse whenever appropriate among ,federal offenders under supervised release4 #fjfjd4 ,performance-based contracting for residential reentry centers 7a7 ,in general ,the ,director of the ,bureau of ,prisons shall-- 7#a7 revise its policies and procedures related to contracting with providers of ,residential ,reentry ,centers to-- 7,a7 meet the standards of performance-based contracting2 and 7,b7 include1 among the standards of performance-- 7i7 a reduction in the recidivism rate of offenders transferred to the ,residential ,reentry ,center2 and 7ii7 an annual evaluation of these outcomes2 7#b7 require that new or renewed contracts with providers of ,residential ,reentry ,centers meet the standards of performance-based contracting2 7#c7 review existing contracts with providers of ,residential ,reentry ,centers prior to renewal and update as necessary to reflect the standards of performance-based contracting2 and 7#d7 ensure performance-based contracts are actively managed to meet the standards of performance-based contracting4 7b7 ,exceptions ,in those cases where it would not be cost effective to use performance-based contracting standards1 the ,director of the ,bureau of ,prisons shall provide an explanation for this determination to the ,attorney ,general1 who may exempt a contract from the requirements outlined in subsection 7a77#b74 ,each exemption must be approved in writing by the ,attorney ,general before the ,director of the ,bureau of ,prisons enters into the contract4 7c7 ,definitions ,in this section the following definitions apply3 7#a7 ,performance-based contracting ,the term performance-based contracts means contracts that accomplish the following3 7,a7 ,identify expected deliverables1 performance measures1 or outcomes2 and render payment contingent upon the successful delivery of those expected deliverables1 performance measures or outcomes4 7,b7 ,include a quality assurance plan that describes how the contractor's performance will be measured against the expected deliverables1 performance measures1 or outcomes4 7,c7 ,include positive and negative incentives tied to the quality assurance plan measurements4 7#b7 ,recidivism rate ,the term recidivism rate refers to the number and percentage of offenders who are arrested for a new crime or commit a technical violation of the terms of supervision that results in revocation to prison during the period in which the offender is in the ,residential ,reentry ,center4 7#c7 ,residential reentry centers ,the term ,residential ,reentry ,centers means privately run centers which provide housing to ,federal prisoners who are nearing release4 7d7 ,deadline for carrying out section ,the ,director of the ,bureau of ,prisons shall complete initial compliance with the requirements of this section not later than #a year after the date of the enactment of this ,act4 7e7 ,evaluation ,not later than #b years after the date of the enactment of this ,act1 the ,government ,accountability ,office and ,office of the ,inspector ,general of the ,department of ,justice shall each issue a report on the progress made by the ,director of the ,bureau of ,prisons in implementing this section4 #c ,implementing ,swift1 ,certain1 and ,proportionate ,sanctions for ,violations of ,conditions of ,probation or ,supervised ,release #fjfje4 ,graduated sanctioning system 7a7 ,in general ,not later than #a year after the date of the enactment of this section1 the ,united ,states ,probation and ,pretrial ,services and the ,criminal ,law ,committee of the ,judicial ,conference shall develop a standardized graduated sanctioning system 7hereinafter in this section referred to as the system71 to guide probation officers in determining suitable sanctions in response to technical violations of supervision4 ,the ,united ,states ,sentencing ,commission shall publish these factors and amend its guidelines and policy statements so that they are consistent4 ,the system shall-- 7#a7 provide a range of possible sanctions1 from less severe to more severe2 and 7#b7 allow officers to respond quickly to technical violations of supervision4 7b7 ,development of graduated sanctioning system ,in designing the graduated sanctioning system1 the ,united ,states ,probation and ,pretrial ,services and the ,criminal ,law ,committee of the ,judicial ,conference shall use available research and best evidence-based practices in the field1 and shall consult with other stakeholders1 including current trial attorneys from the ,department of ,justice and a ,federal ,public or ,community ,defender from the ,defender ,services ,advisory ,group4 7c7 ,content of graduated sanctioning system 7#a7 ,graduated sanctions may include-- 7,a7 verbal warnings2 7,b7 increased reporting requirements2 7,c7 curfew requirements2 7,d7 electronic monitoring2 7,e7 increased substance abuse testing or treatment2 7,f7 mental health counseling or treatment2 7,g7 behavioral therapy or anger management2 7,h7 community service2 and 7,i7 loss of earned discharge credits pursuant to section #cfaj4 7#b7 ,in determining appropriate sanctions1 the ,united ,states ,probation and ,pretrial ,services and the ,criminal ,law ,committee of the ,judicial ,committee shall consider-- 7,a7 the severity of the current violation2 7,b7 the number and severity of previous supervision violations2 7,c7 the rehabilitative options available2 and 7,d7 the costs of incarceration4 7d7 ,probation and pretrial services training ,the ,criminal ,law ,committee of the ,judicial ,conference and the ,united ,states ,probation and ,pretrial ,services1 in consultation with the ,federal ,judicial ,center1 shall develop training protocols for staff responsible for recommending graduated sanctions and for court-appointed counsel1 which shall include-- 7#a7 initial training to educate staff and judges on how to use the graduated sanctioning system1 as well as an overview of the relevant research regarding supervision practices shown to reduce recidivism and improve offender outcomes2 7#b7 continuing education2 and 7#c7 periodic training updates4 7e7 ,continuous quality improvement ,in order to ensure that the ,united ,states ,probation and ,pretrial ,services is using graduated sanctions in an appropriate and consistent manner1 the ,judicial ,conference in consultation and coordination with the ,chief ,judge of each ,federal ,district ,court shall-- 7#a7 establish performance benchmarks and performance assessments for probation officers1 probation supervisors1 and probation and pretrial services2 and 7#b7 establish additional continuous quality improvement procedures related to the implementation and use of graduated sanctions that include1 but are not limited to1 data collection1 monitoring1 periodic audits1 probation officer and supervisor performance assessments1 and corrective action measures4 #fjfjf4 ,graduated responses to technical violations of supervision 7a7 ,in general ,subchapter ,a of chapter #bbi of title #ah1 ,united ,states ,code1 is amended by inserting after section #cfjh the following3 #cfji4 ,graduated responses to technical violations of supervision 7a7 ,in general ,if a court determines that a technical violation of supervision warrants an alternative to arrest or incarceration1 the court may modify the terms of supervision by imposing a graduated sanction as an alternative to revocation4 7b7 ,recommendation and imposition of graduated sanctions ,a probation officer in recommending an appropriate sanction1 and a court in determining an appropriate sanction1 shall use the graduated sanctioning system established pursuant to the ,,safe ,justice ,act4 ,the procedure for the imposition of graduated sanctions shall include the following3 7#a7 ,notice of graduated sanctions ,upon determining that a technical violation of supervision warrants an alternative to arrest or incarceration1 a probation officer1 with the concurrence of that officer's probation supervisor1 shall serve on the supervisee a ,notice of ,graduated ,sanctions1 which shall include-- 7,a7 a description of the violation of supervision2 7,b7 an appropriate graduated sanction or sanctions to be imposed1 as determined under the graduated sanctioning system2 7,c7 an inquiry whether the supervisee wishes to waive the supervisee's right to a revocation or modification proceeding under the ,federal ,rules of ,criminal ,procedure2 and 7,d7 notice of the supervisee's right to retain counsel or to request that counsel be appointed if the supervisee cannot afford to retain counsel to consult with legal counsel before agreeing to admit to the alleged violation4 7#b7 ,counsel shall be appointed for any financially eligible person4 7#c7 ,effect of supervisee elections after notice ,if the supervisee agrees to waive the right to a revocation or modification hearing1 agrees in writing to submit to the graduated sanction or sanctions as set forth in the ,notice of ,graduated ,sanctions1 and admits to the alleged violation of supervision1 the specified sanction shall immediately be imposed4 ,if the supervisee does not agree to waive the right to the revocation or modification hearing1 does not agree to submit to the specified sanction or sanctions1 does not admit to the alleged violation1 or if the supervisee fails to complete the graduated sanction or sanctions to the satisfaction of the probation officer and that officer's supervisor1 then the probation officer may commence supervision revocation or modification proceedings4 7c7 ,definitions ,in this section3 7#a7 ,criminogenic risk and needs factors ,the term criminal risk and needs factors means the characteristics and behaviors that are associated with the risk of committing crimes and1 that when addressed with evidence-based programming are diminished4 7#b7 ,evidence-based practices ,the term evidence-based practices means policies1 procedures1 and practices that scientific research demonstrates reduce recidivism4 7#c7 ,graduated sanctions ,the term graduated sanctions means an accountability-based1 graduated series of sanctions applicable to supervisees to hold such supervisees accountable for their actions by providing appropriate and proportional sanctions for each violation of supervision4 7#d7 ,sanctioning grid ,the term sanctioning grid means a list of graduated responses for use in responding to supervisee behavior that violates a condition or conditions of supervision1 with responses ranging from less restrictive to more restrictive based on the seriousness of the violation and the number and severity of prior violations4 7#e7 ,nontechnical violation ,the term nontechnical violation means a new criminal conviction for a crime committed while an offender is on supervision4 7#f7 ,technical violation ,the term technical violation means conduct by a person on supervision that violates a condition or conditions of supervision1 including a new arrest for a crime allegedly committed while on supervision or criminal charges that have been filed but not yet resulted in a conviction4 ,the term technical violation does not include a conviction for a crime committed while the person was on supervision4 7#g7 ,probation officer ,the term probation officer means an employee of the ,united ,states ,probation and ,pretrial ,services who is directly responsible for supervising individual supervisees4 7#h7 ,probation supervisor ,the term probation supervisor means an employee of the ,united ,states ,probation and ,pretrial ,services who is directly responsible for overseeing probation officers4 7#i7 ,supervisee ,the term supervisee means an individual who is currently under supervision4 7#aj7 ,supervision ,the term supervision means supervision during a term of probation or supervised release4 4 7b7 ,clerical amendment ,the table of sections for subchapter ,a of chapter #bbi of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #cfjh the following new item3 #cfji4 ,graduated responses to technical violations of supervision4 4 7c7 ,conforming amendments 7#a7 ,mandatory conditions of probation ,section #cefc7;a7 of title #ah1 ,united ,states ,code1 is amended-- 7,a7 by striking and at the end of paragraph 7#h72 7,b7 by striking the period at the end of paragraph 7#i7 and inserting 2 and2 and 7,c7 by adding after paragraph 7#i7 the following3 7#aj7 for a felony or misdemeanor1 that the court may modify the term of probation by imposing a graduated sanction if the probationer has waived the right to a hearing under the ,federal ,rules of ,criminal ,procedure4 4 7#b7 ,mandatory conditions of supervised release ,section #cehc7;d7 of title #ah1 ,united ,states ,code1 is amended by inserting after ,,dna ,analysis ,backlog ,elimination ,act of #bjjj4 the following3 ,the court may modify the term of supervised release by imposing a graduated sanction if the defendant has waived the right to a hearing under the ,federal ,rules of ,criminal ,procedure44 7#c7 ,duties of probation officers ,section #cfjc of title #ah1 ,united ,states ,code1 is amended-- 7,a7 in paragraph 7#b7 by striking to the degree required by the conditions specified by the sentencing court and inserting to the degree required by section #cfji and the conditions specified by the sentencing court2 and 7,b7 in paragraph 7#c7 by striking use all suitable methods1 not inconsistent with the conditions specified by the court and inserting use a system of graduated sanctions and incentives designed to deter and respond immediately to violations of supervision conditions1 not inconsistent with the conditions specified by the court4 7d7 ,effective date ,the amendments made by this section take effect #a year after the date of the enactment of this ,act4 #fjfjg4 ,targeted and proportional penalties for revocation of probation 7a7 ,penalties for nontechnical violations of probation ,subsection 7a7 of section #cefe of title #ah1 ,united ,states ,code1 is amended to read as follows3 7a7 ,continuation or revocation for nontechnical violations of probation ,if the defendant commits a nontechnical violation prior to the expiration or termination of the term of probation1 the court may1 after a hearing pursuant to the ,federal ,rules of ,criminal ,procedure1 and after considering the factors set forth in section #ceec7;a7 to the extent that they are applicable-- 7#a7 continue the defendant on probation for the remaining duration of the term of probation1 with the option to modify or impose additional conditions2 or 7#b7 revoke the sentence of probation and resentence the defendant under subchapter ,a4 4 7b7 ,penalties for technical violations of probation ,section #cefe of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7d7 ,continuation or revocation for technical violations of probation ,if the defendant commits a technical violation prior to the expiration or termination of the term of probation1 the court may1 after a hearing pursuant to the ,federal ,rules of ,criminal ,procedure1 and after considering the factors set forth in section #ceec7;a7 to the extent that they are applicable-- 7#a7 continue the defendant on probation for the remaining duration of the original term of probation1 with the option to modify or impose additional conditions2 or 7#b7 revoke the sentence of probation and impose a period of imprisonment not to exceed #fj days1 which can be served in one term of confinement or intermittent confinement 7custody for intervals of time7 in jail1 prison1 community confinement1 or home detention in order not to disrupt employment or other community obligations4 4 #fjfjh4 ,targeted and proportional penalties for violations of supervised release 7a7 ,penalties for nontechnical violations of supervised release ,section #cehc of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7e71 by amending paragraph 7#c7 to read as follows3 7#c7 revoke the term of supervised release and require the defendant to serve in prison all or part of the term of supervised release authorized by statute for any or all offenses that resulted in the term of supervised release1 without any credit earned toward discharge under section #cfaj1 if the court1 pursuant to the ,federal ,rules of ,criminal ,procedure applicable to revocation of probation or supervised release1 finds by a preponderance of the evidence that the defendant violated a condition of release1 except that a defendant whose term is revoked under this paragraph may not be required to serve on any such revocation more than #e years in prison if the offense that resulted in the term of supervised release is a class ,a felony1 more than #c years in prison if such offense is a class ,b felony1 more than #b years in prison if such offense is a class ,c or ,d felony1 or more than one year in any other case2 or 2 and 7#b7 by adding at the end the following3 7m7 ,continuation or revocation for nontechnical violations of supervised release ,if the defendant commits a nontechnical violation of supervised release prior to the expiration or termination of the term of supervised release1 the court may1 after a hearing under the provisions of the ,federal ,rules of ,criminal ,procedure1 and after considering the factors set forth in section #ceec7;a7-- 7#a7 continue the defendant on supervised release for the remaining duration of the original term of supervised release1 with the option to modify or impose additional conditions2 or 7#b7 revoke the term of supervised release and require the defendant to serve in prison all or part of the term of supervised release authorized by statute for any or all the offenses that resulted in the term of supervised release1 without any credit earned toward discharge under section #cfaj4 4 7b7 ,penalties for technical violations of supervised release ,section #cehc is amended by inserting after subsection 7l7 the following3 7m7 ,continuation or revocation for technical violations of supervised release ,if the defendant commits a technical violation of supervised release prior to the expiration or termination of the term of supervised release1 the court may1 after opportunity for a hearing under the ,federal ,rules of ,criminal ,procedure and after considering the factors set forth in section #ceec7;a7-- 7#a7 continue the defendant on supervised release for the remaining duration of the term of probation1 with the option to modify or impose additional conditions2 or 7#b7 revoke the term of supervised release and impose a period of imprisonment not to exceed #fj days1 which can be served in one term of confinement or intermittent confinement 7custody for intervals of time7 in jail1 prison1 community commitment1 or home detention in order not to disrupt employment or other community obligations4 4 #d ,focus ,supervision ,resources on ,high-,risk ,offenders #fjfji4 ,earned discharge credits for compliant supervisees 7a7 ,in general ,title #ah1 ,united ,states ,code1 is amended by inserting after section #cfji 7as added by section #ebb7;a77 the following3 #cfaj4 ,incentivizing compliance with supervision conditions 7a7 ,in general ,a probation officer shall have the authority to award positive reinforcements for a defendant who is in compliance with the terms and conditions of supervision4 ,these positive reinforcements may include-- 7#a7 verbal recognition2 7#b7 reduced reporting requirements2 and 7#c7 credits earned toward discharge which shall be awarded pursuant to subsection 7b74 7b7 ,credits for earned discharge ,supervisees shall be eligible to earn discharge credits for complying with the terms and conditions of supervision4 ,these credits1 once earned1 shall reduce the period of supervision4 7#a7 ,determination of award ,the probation officer shall award #cj days of earned discharge credits for each calendar month in which the offender is in compliance with the terms and conditions of supervision4 ,if the offender commits a violation of supervision during the month1 credits shall not be awarded for that month4 7#b7 ,discharge from supervision ,once the combination of time served on supervision and earned discharge credits satisfies the total period of supervision1 upon motion of any party or upon the court's own motion1 the court shall terminate the period of supervision4 ,the probation officer shall notify the parties and the court in writing at least #fj days prior to the termination of supervision4 ,the #fj-;day period shall include the accrual of all earned discharge credits to that point4 7c7 ,definitions ,in this section3 7#a7 ,probation officer ,the term probation officer means an employee of ,probation and ,pretrial ,services who is directly responsible for supervising individual supervisees4 7#b7 ,supervisee ,the term supervisee has the meaning given that term in section #cfji4 7#c7 ,supervision ,the term supervision has the meaning given that term in section #cfji4 7#d7 ,termination of supervision ,the term termination of supervision means discharge from supervision at or prior to the expiration of the sentence imposed by the court4 7#e7 ,terms and conditions of supervision ,the term terms and conditions of supervision means those requirements set by the court4 7#f7 ,violation of supervision ,the term violation of supervision means conduct by a person on supervision that violates a condition of supervision4 4 7b7 ,clerical amendment ,the table of sections at the beginning of subchapter ,a of chapter #bbi of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #cfji 7as added by section #ebb7;b77 the following new item3 #cfaj4 ,incentivizing compliance with supervision conditions4 4 7c7 ,effective date ,the amendments made by this section take effect #a year after the date of the enactment of this ,act4 #fjfaj4 ,elimination of mandatory revocation for minor drug violations 7a7 ,removing substance-,related violations as grounds for mandatory revocation of supervised release ,section #cehc7;g7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in the flush text following paragraph 7#d71 by striking require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized by subsection 7e77#c7 and inserting require the defendant to serve a term of imprisonment not to exceed #fj days unless otherwise authorized under subsection 7l7 or 7m72 7#b7 by striking paragraphs 7#a7 and 7#d72 7#c7 by renumbering paragraph 7#b7 as paragraph 7#a71 and paragraph 7#c7 as paragraph 7#b72 7#d7 by inserting or at the end of paragraph 7#b72 and 7#e7 by striking or at the end of paragraph 7#c74 7b7 ,removing substance-,related violations as grounds for mandatory revocation of probation ,section #cefe7;b7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in the flush text following paragraph 7#d71 by striking revoke the sentence of probation and resentence the defendant under subchapter ,a to a sentence that includes a term of imprisonment and inserting revoke the sentence of probation and require the defendant to serve a term of imprisonment not to exceed #fj days unless otherwise authorized under subsection 7a7 or 7d72 7#b7 by striking paragraphs 7#a7 and 7#d72 7#c7 by renumbering paragraph 7#b7 as paragraph 7#a71 and paragraph 7#c7 as paragraph 7#b72 7#d7 by inserting or at the end of paragraph 7#a72 and 7#e7 by striking or at the end of paragraph 7#b74 #e ,maximizing ,public ,safety ,returns on ,corrections ,dollars #fjfaa4 ,clarification or original congressional intent regarding calculation of good time conduct credit 7a7 ,in general ,section #cfbd7;b7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,subject to paragraph 7#b7 and in addition to the time actually served by the prisoner and any credit provided to the prisoner under any other provision of law1 a prisoner who is serving a term of imprisonment of more than #a year1 other than a term of imprisonment for the duration of the prisoner's life1 shall receive credit computed under this paragraph toward that prisoner's term of imprisonment4 ,the credit under this paragraph is computed beginning on the date on which the sentence of the prisoner commences1 at the rate of #ed days per year of the sentence imposed by the court1 if the ,director of the ,bureau of ,prisons determines that the prisoner has displayed exemplary compliance with institutional disciplinary regulations4 2 and 7#b7 by striking paragraphs 7#c7 and 7#d7 and inserting the following3 7#c7 ,this subsection applies to all prisoners serving a term of imprisonment for offenses committed on or after ,november #a1 #aihg4 ,with respect to a prisoner serving a term of imprisonment on the date of the enactment of the ,,safe ,justice ,act1 this subsection shall apply to the entirety of the sentence imposed on the prisoner1 including time already served4 7#d7 ,a prisoner may not be awarded credit under this subsection that would cause the prisoner to be eligible for release earlier than the time the prisoner already has served4 4 7b7 ,effective date ,the amendments made by subsection 7a7 take effect #ij days after the date of the enactment of this ,act4 #fjfab4 ,analysis of fiscal implications for inclusion in presentence reports 7a7 ,factors ,to be considered in imposing a sentence ,section #ceec7;a77#c7 of title #ah1 ,united ,states ,code1 is amended by striking the semicolon and inserting and the average annual fiscal cost of each24 7b7 ,presentence reports ,section #ceeb7;a7 of title #ah1 ,united ,states ,code1 is amended by adding at the end the following ,the appropriate officials of the ,united ,states ,probation and ,pretrial ,services shall provide information on the average annual cost of the kinds of sentences available as part of the ,presentence ,investigation ,report4 ,for the purposes of this subsection the average annual cost of incarceration is the figure per fiscal year as published by the ,director of the ,bureau of ,prisons4 ,the average annual fiscal costs of alternatives to incarceration for that judicial district shall be compiled by the ,united ,states ,probation and ,pretrial ,services44 7c7 ,directive to the sentencing commission ,pursuant to its authority under section #iid7p7 of title #bh1 ,united ,states ,code1 and in accordance with this section1 the ,united ,states ,sentencing ,commission shall amend its guidelines and its policy statements to ensure that the guidelines and policy statements are consistent with the amendments made by this section and reflect the intent of ,congress that an analysis of fiscal implications be included in presentence reports and considered in the imposition of appropriate sentences4 7d7 ,directive to the judicial conference ,pursuant to its authority under section #ccd of title #bh1 ,united ,states ,code1 and in accordance with this section1 the ,judicial ,conference of the ,united ,states shall propose an amendment to the ,federal ,rules of ,criminal ,procedure consistent with the amendments made by this section to reflect the intent of ,congress that an analysis of fiscal implications shall be included in presentence reports and considered in the imposition of appropriate sentences4 #fjfac4 ,supporting safe law enforcement 7a7 ,findings ,congress finds the following3 7#a7 ,most law enforcement officers walk into risky situations and encounter tragedy on a regular basis4 ,some1 such as the police who responded to the carnage of the ,sandy ,hook ,elementary ,school1 witness horror that stays with them for the rest of their lives4 ,others are physically injured in carrying out their duties1 sometimes needlessly1 through mistakes made in high stress situations4 ,the recent notable deaths of officers are stark reminders of the risk officers face4 ,as a result1 physical1 mental1 and emotional injuries plague many law enforcement agencies4 ,however1 a large proportion of officer injuries and deaths are not the result of interaction with offenders but the outcome of poor physical health due to poor nutrition1 lack of exercise1 sleep deprivation1 and substance abuse4 ,yet these causes are often overlooked or given scant attention4 ,many other injuries and fatalities are the result of vehicular accidents4 ,the wellness and safety of law enforcement officers is critical not only to themselves1 their colleagues1 and their agencies1 but also to public safety4 7#b7 ,officer suicide is also a problem4 ,police died from suicide #b4d times as often as from homicides4 ,and though depression resulting from traumatic experiences is often the cause1 routine work and life stressors--serving hostile communities1 working long shifts1 lack of family or departmental support--are frequent motivators too4 7#c7 ,according to estimates of the ,united ,states ,bureau of ,labor ,statistics1 more than #ajj1jjj law enforcement professionals are injured in the line of duty each year4 ,many are the result of assaults1 which underscores the need for body armor1 but most are due to vehicular accidents4 7b7 ,authorized uses ,funds obligated1 but subsequently unspent and deobligated1 may remain available1 to the extent provided in appropriations ,acts1 for use as specified under this section in ensuing fiscal years4 ,the ,attorney ,general shall take all practicable steps to use such funds as soon as practicable to carry out programs that are consistent with the purposes of this title4 ,such programs include-- 7#a7 a national ,blue ,alert warning system to enlist the help of the public in finding suspects after a law enforcement officer is killed in the line of duty2 7#b7 counseling and support services for family members of law enforcement officers who are killed in the line of duty2 7#c7 national toll-free mental health hotline specifically for law enforcement officers1 which is both anonymous and peer-driven and has the ability and resources to refer the caller to professional help if needed2 7#d7 continuing research in the efficacy and implementation of an annual fitness1 resilience1 nutrition1 and mental health check1 in recognition that many health problems afflicting law enforcement officers1 notably cardiac issues1 are cumulative2 7#e7 expanding ,federal pension plans and incentivizing ,state and local pension plans to recognize fitness for duty exams as definitive evidence of valid duty or nonduty related disability in recognition of the fact that officers injured in the line of duty are often caught in limbo1 without pay1 unable to work but also unable to obtain benefits because fitness for duty exams are not recognized as valid proof of disability and because they cannot receive ,social ,security2 7#f7 implementing research-based findings into the number of hours an officer should work consecutively and in total within a #bd-dh hour period1 including special findings on the maximum number of hours an officer should work in a high-risk or high-stress environment 7e4g4 public demonstrations or emergency situations7 by implementing those findings federally and providing incentives for ,state and local law enforcement to do the same2 7#g7 providing individual tactical first-aid kits that contain tourniquets1 an ,olaes modular bandage1 and ,quick,clot gauze1 and training in hemorrhage control to every law enforcement officer on the ,federal level and providing incentives for ,state and local enforcement agencies to do so2 7#h7 providing antiballistic vests and body armor to every law enforcement officer on the ,federal level1 and providing incentives for ,state and local law enforcement agencies to do so2 7#i7 researching and providing training1 including protocols for use and consequences of misuse1 prior to providing oleoresin capsicum 7,,oc7 spray--commonly called pepper spray--to every correctional worker in medium1 high1 and maximum security ,federal prisons as well as ,federal ,medical ,centers1 ,federal ,detention ,centers1 and jail units operated by the ,bureau of ,prisons and instituting a training program to educate workers on how to use the spray responsibly and effectively for self-defense purposes only1 and providing incentives for ,state and law enforcement agencies to do so2 7#aj7 requiring the ,director of the ,bureau of ,prisons to ensure that each chief executive officer of a ,federal penal or correctional institution provides a secure storage area located outside the secure perimeter of the institution for employees to store firearms1 or allowing employees to store firearms in a vehicle lockbox approved by the ,director of the ,bureau of ,prisons2 7#aa7 researching and_/or developing the design specifications or modifications for body-worn cameras with the input of ,federal1 ,state1 and local law enforcement leaders and providing the devices or funding to purchase the device and funding for related costs to implementation and storage costs to every ,federal law enforcement and correctional agency and ,state and local officer1 in recognition of the fact that these devices reduce unwarranted complaints against officers while also vindicating civilians who have been mistreated2 7#ab7 researching1 developing1 and providing best practices for ,federal1 ,state1 and local law enforcement on the acquisition1 use1 retention1 and dissemination of auditory1 visual1 and biometric data from law enforcement in a constitutional manner and in light of privacy concerns1 in consultation with the ,bureau of ,justice ,assistance1 civil rights and civil liberties organizations1 as well as law enforcement research groups and other experts2 7#ac7 hiring of social workers by the ,bureau of ,prisons and providing incentives for ,state and local governments to do so because social workers are uniquely qualified to address the release preparation needs of aging inmates1 such as aftercare planning and ensuring continuity of medical care2 7#ad7 providing funding and training federally and to ,state and local law enforcement agencies on community-based policing principles to repair and rebuild trust and collaborative relationships2 7#ae7 providing funding to ,federal1 ,state1 and local law enforcement agencies to eliminate the ,,dna backlog1 in recognition that repeat1 violent offenders1 in particular sex offenders1 would be identified and prevented from committing additional crimes2 7#af7 implementing requested and recommended mental health treatments to ,federal law enforcement and correctional officers and providing incentives to ,state and local law enforcement and corrections agencies to do the same2 7#ag7 providing incentives and support services to ,state and local law enforcement agencies to enhance the reporting to and usage of the ,national ,incident-,based ,reporting ,system1 which collects data on each single incident and arrest within #bb offense categories made up of #df specific crimes that are the major ones facing law enforcement today1 including terrorism1 white collar crime1 weapons offenses1 missing children in which criminality is involved1 drug offenses1 hate crimes1 spousal_/child_/elder abuse1 gang crimes1 organized crime1 sexual exploitation1 ,,dui and alcohol-related offenses2 7#ah7 providing medication-assisted treatment for individuals struggling with heroin1 opioid1 or alcohol abuse in residential substance abuse treatment programs and providing funding to ,state and local governments to do so2 7#ai7 providing funding to ,state and local governments and law enforcement agencies to implement the ,attorney ,general's best practices on information and resource parity and innocence protection1 including sharing the toolkits referenced in section #fjcje of this title to reduce the likelihood of wrongful convictions1 open file discovery practices1 evidence preservation1 training on interrogation to avoid coercive tactics that lead to false or unreliable confessions1 training on interviewing witnesses to avoid suggestive tactics that lead to false or unreliable identifications1 and training on the cross-racial misidentification probability2 7#bj7 investing in research and training in nonlethal tools of policing that provide a greater range of law enforcement response1 including to de-escalate situations and reduce deadly uses of force2 7#ba7 investing in research and training in implicit bias for local1 ,state1 and ,federal law enforcement personnel and developing comprehensive strategies to recognize and reduce incidences of implicit bias2 7#bb7 investing in evidence-based programs to assist communities in developing comprehensive responses to youth violence through coordinated prevention and intervention initiatives2 7#bc7 hiring social workers1 psychologists1 psychiatrists1 therapists1 and counselors for ,federal prisons and providing funding to ,state and local governments to do the same as they are uniquely qualified to address the release preparation needs of inmates2 7#bd7 providing funding to ,state and local law enforcement agencies to provide incentives for officers with undergraduate and graduate degrees2 7#be7 providing additional funding to ,federal1 ,state1 and local government agencies to provide competent and effective counsel for persons financially unable to obtain legal representation2 7#bf7 providing additional funding for the grant program established by the ,second ,chance ,act 7,public ,law #aaj-aii7 to prevent recidivism and improve public safety2 7#bg7 providing funding for ,federal1 ,state1 and local law enforcement leaders to attend the ,,fbi ,national ,academy to share best practices and support national coherence on important policing issues in this ever-changing field2 7#bh7 crime-reducing education grants1 ,federal pretrial diversion programs1 ,federal problem-solving courts1 the elimination of mandatory minimums in the ,federal law1 and the ,innocence ,protection ,act of #bjjd2 and 7#bi7 providing funding for a competitive #e-year grant to a nationally recognized1 nonpartisan1 scientifically sound1 research organization1 with an advisory board comprised of local1 ,state1 and ,federal law enforcement leaders1 and subject matter experts1 to create a national nonpunitive1 forward-focused peer review1 training1 and improvement center with the goal of improved safety outcomes for officers and civilians that would-- 7,a7 establish a critical incident review mechanism1 similar to those used in medicine and aviation1 as a comprehensive1 protective1 and accurate way of examining the circumstances surrounding an incident to accurately identify problems on a systemic level to reduce the number and types of problems1 to improve policing outcomes1 refine policies and practices1 and build upon meaningful conversations and research to develop what improvements with cooperation of the law enforcement agencies involved2 7,b7 establish a data input form and infrastructure of a near miss database and for every policing incident in which an officer or civilian life is lost or substantial force is used to review knowledge gained from past tragedies in order to disseminate it to prevent future ones and to encourage new learning and sustainable1 stakeholder-driven change2 7,c7 study1 recommend1 and establish an officer-involved shooting database for use when firearms have been used against law enforcement officers and where officers have used firearms against civilians to review knowledge gained from past tragedies to distinguish between actual risk versus perceived risk on the part of the civilian or officer and to develop best practices2 7,d7 advance training1 technical assistance and knowledge regarding mental health issues that occur within the criminal justice system1 including providing training and funding for de-escalation techniques1 coordination among government agencies1 information-sharing1 diversion initiatives1 jail and prison strategies1 establishment of learning sites1 suicide prevention1 and assistance and infrastructure for calls for service and law enforcement triage capabilities2 7,e7 study1 invest in1 and apply policing research tools that develop forecasts based upon evolving technology1 social movements1 environmental changes1 economic factors1 and political events2 and 7,f7 educate and facilitate the advance of evidence-based policing to encourage use of the best available scientific evidence to control crime and disorder and enhance officer safety and wellness4 7c7 ,funds ,to supplement1 not supplant1 existing funds ,funds disbursed pursuant to this section shall not be used to supplant existing ,state or local funds utilized for these purposes1 but rather to supplement them4 7d7 ,accounting ,every year1 the ,department of ,justice shall provide an accounting of the reprogrammed funds to ensure that the funds are disbursed and expended in a manner to maximize public safety and make needed improvements to the criminal justice system4 ,the ,attorney ,general shall report the findings to the ,judiciary1 ,oversight1 and substantive congressional committees4 ,g ,increasing ,government ,transparency and ,accuracy #fjgja4 ,report on mandatory minimums ,not later than one year after the date of the enactment of this ,act1 the ,government ,accountability ,office 7,,gao71 in coordination with the ,attorney ,general1 shall provide a report to ,congress listing all existing mandatory minimum penalties in force1 including brief summaries of the conduct prohibited by each and how frequently the mandatory minimum is imposed4 #fjgjb4 ,federal defender added as a nonvoting member of the ,sentencing ,commission 7a7 ,in general ,subsection 7a7 of section #iia of title #bh1 ,united ,states ,code1 is amended-- 7#a7 by striking one nonvoting member4 at the end of the first sentence and inserting two nonvoting members42 and 7#b7 by inserting before the last sentence the following3 ,a ,federal public or community defender designated by the ,judicial ,conference of the ,united ,states with the advice of the ,defender ,services ,advisory ,group shall be a nonvoting member of the ,commission44 7b7 ,conforming amendment ,the final sentence of section #bce7;b77#e7 of the ,comprehensive ,crime ,control ,act of #aihd 7#ah ,u4,s4,c4 #ceea note7 is amended by striking nine members1 including two ex officio1 nonvoting members and inserting ten members1 including three nonvoting members4 #fjgjc4 ,budget and inmate population impact of legislation on the ,federal corrections system 7a7 ,impact analysis 7#a7 ,when required ,upon request by the chair or ranking member of the ,committee on the ,judiciary of either the ,senate or the ,house of ,representatives with respect to legislation referred to that committee that amends sentencing or corrections policy or creates a new criminal penalty1 the ,attorney ,general shall1 before the final committee vote on ordering the legislation reported1 provide the requesting party an impact analysis4 7#b7 ,contents ,the impact analysis shall contain-- 7,a7 an estimate of the ,federal budgetary impact of the legislation1 both overall and broken down by each agency affected in the executive and judicial branches2 and 7,b7 an estimate of the legislation's #aj-year prison bed impact on ,federal facilities4 7b7 ,amendments ,upon request by the chair or ranking member of the ,committee on the ,judiciary of the ,senate or the ,house of ,representatives with respect to any legislation ordered reported favorably by that committee with amendment1 the ,attorney ,general shall1 not later than #cj days after the request is made1 provide the requesting party with an updated impact analysis4 7c7 ,inclusion of impact analysis or statement ,the chair or ranking member shall include in the committee report1 or in additional1 separate1 or dissenting views appended to the report1 as the case may be1 any impact analysis provided at the request of that chair or ranking member4 ,if the ,attorney ,general does not provide an impact analysis in a timely manner1 the chair or ranking member shall instead include in the committee report or views1 a statement that the impact analysis was not provided4 7d7 ,effect of failure ,to comply with requirements of section ,the ,attorney ,general shall make every effort to provide an impact analysis required under this section1 and the requesting party shall make every effort to give the ,attorney ,general sufficient notice to do so4 ,however1 failure to provide the impact analysis does not give rise to any point of order regarding the legislation4 ,failure by a chair or ranking member to include matter as required by this section in a report or views appended to the report does not give rise to a point of order regarding the legislation4 #fjgjd4 ,reports 7a7 ,annual reports by the attorney general ,not later than #ahj days after passage of this bill1 and every year thereafter1 the ,attorney ,general shall submit to the ,congress1 a report that contains the following3 7#a7 ,analysis of demographic 7age1 race_/ethnicity1 gender7 data on ,federal offenders1 including by offender demographics1 the number and types of offenses for which offenders in that demographic have-- 7,a7 been considered for prosecution by the ,department of ,justice but not charged2 7,b7 been charged but charges were dismissed2 7,c7 been initially charged with mandatory minimums that were not withdrawn or dismissed1 listed by statutory citation of mandatory minimum2 7,d7 been charged in a superseding indictment or subsequent information with mandatory minimums2 7,e7 plea bargained in exchange for prosecutors not charging mandatory minimums1 including the type of mandatory minimum plea bargained away2 7,f7 been initially charged with mandatory minimums but were withdrawn or dismissed1 listed by type of mandatory minimum2 and 7,g7 been convicted1 the length of sentence they received1 and the judicial district in which they were sentenced to track whether unwarranted sentencing disparities are occurring in certain districts4 7#b7 ,an analysis of current and projected savings associated with this title and the amendments made by this title4 7#c7 ,developments in training and development and research on the ,department of ,justice in conjunction with the ,department of ,defense1 on nonlethal tools of policing4 7b7 ,annual reports by the ,director of the ,bureau of ,prisons ,not later than #ahj days after passage of this bill1 and every ,january #a thereafter1 the ,director of the ,bureau of ,prisons1 in consultation with the ,inspector ,general of the ,department of ,justice1 shall submit to ,congress a report that contains the following information1 categorized by race1 national origin1 gender1 age1 and religion3 7#a7 ,prison data 7,a7 ,the number of offenders entering prison on a new offense4 7,b7 ,the average sentence length for a new prison sentence by offense type4 7,c7 ,the number of offenders entering prison on a revocation of supervision4 7,d7 ,the average sentence length for offenders entering prison for a probation revocation4 7,e7 ,the average sentence length for offenders entering prison for a supervised release revocation4 7,f7 ,the average percentage of the sentence imposed served in prison as compared to community1 home1 or residential reentry center4 7,g7 ,the average percentage of prison sentences served in prison by offense type for offenders entering on a new offense4 7,h7 ,the number of offenders in solitary confinement1 including their race1 gender1 age1 reason for solitary confinement1 length of stay in solitary confinement1 the number of total stays in solitary confinement1 the total time of stay in solitary confinement1 and the number of those offenders with mental health issues1 cognitive deficits1 substance abuse issues1 or combat-related post-traumatic stress disorder4 7,i7 ,total prison population by offense type and by the type of admission into prison4 7,j7 ,recidivism rate by offense type4 7,k7 ,offense rate after #c years of release4 7#b7 ,data related to expanded earned time credit and recidivism reduction programming 7,a7 ,the number and percentage of offenders who have earned time credit in the prior year4 7,b7 ,the average amount of time credit earned per offender in the prior year4 7,c7 ,the average amount of time credit earned by offenders released from prison in the prior year4 7,d7 ,additional information as requested by the ,judiciary1 ,oversight1 and other substantive committees4 7,e7 ,a summary and assessment of the types and effectiveness of the recidivism reduction programs and productive activities in facilities operated by the ,director of the ,bureau of ,prisons1 including-- 7i7 evidence about which programs and activities have been shown to reduce recidivism2 7ii7 the capacity of each program and activity at each facility1 including the number of prisoners enrolled in each program and activity2 and 7iii7 identification of any problems or shortages in capacity of such programs and activities1 and how they should be remedied4 7#c7 ,data related to release to extended supervision for certain medically incapacitated and geriatric prisoners 7,a7 ,the number of offenders who petitioned for release to extended supervision pursuant to section #cehb7;c77#a77;,a7 of title #ah1 ,united ,states ,code4 7,b7 ,the number of offenders who petitioned and were denied release to extended supervision pursuant to section #cehb7;c77#a77;,a7 of title #ah1 ,united ,states ,code1 and the common reasons for denial4 7,c7 ,the number of offenders released to extended supervision pursuant to section #cehb7;c77#a77;,a7 of title #ah1 ,united ,states ,code1 who were revoked in the previous year4 7c7 ,annual reports by the ,director of the ,administrative ,office of the ,united ,states ,courts ,not later than #ahj days after passage of this bill1 and every ,january #a thereafter1 the ,director of the ,administrative ,office of the ,united ,states ,courts1 in consultation with the ,judicial ,conference1 shall submit to the appropriate committees of ,congress1 and publish publically1 a report that contains the following3 7#a7 ,probation data 7,a7 ,the number of offenders sentenced to probation in the previous year4 7,b7 ,the number of offenders supervised on probation4 7,c7 ,the number of probationers revoked for a technical violation4 7,d7 ,the number of probationers who were convicted of a new felony offense and sentenced to a term of imprisonment1 in either a local1 ,state1 or ,federal facility4 7#b7 ,supervised release data 7,a7 ,the number of offenders placed on postrelease supervision in the following year4 7,b7 ,the number of offenders supervised on postrelease supervision4 7,c7 ,the number of offenders on supervised release revoked for a technical violation4 7,d7 ,the number of offenders on supervised released who were convicted of a new felony offense and sentenced to a term of imprisonment1 in either a local1 ,state1 or ,federal facility4 7#c7 ,data related to the imposition of the graduated sanctioning system 7,a7 ,the number and percentage of offenders who have one or more violations during the year4 7,b7 ,the average number of violations per offender during the year4 7#d7 ,data related to the imposition of earned time credits 7,a7 ,the number and percentage of offenders who qualify for earned discharge in one or more months of the year4 7,b7 ,the average amount of credits earned per offender within the year4 7,c7 ,the average probation sentence length for offenders sentenced to ,federal probation4 7,d7 ,the average supervision sentence length for offenders released to supervised release4 7,e7 ,the average time spent on ,federal probation for offenders successfully completing probation4 7,f7 ,the average time spent on supervised release for offenders successfully completing supervised release4 7#e7 ,data related to problem-solving courts 7,a7 ,total number of participants4 7,b7 ,total number of successful participants4 7,c7 ,total number of unsuccessful participants4 7,d7 ,total number of participants who were arrested for a new criminal offense while in the problem-solving court program4 7,e7 ,total number of participants who were convicted of a new felony or misdemeanor offense while in the problem-solving court program4 7,f7 ,any other data or information as required by the ,judiciary1 ,oversight1 and other substantive committees4 7d7 ,definitions ,in this title1 the following definitions apply3 7#a7 ,recidivism ,the term recidivism means the return to ,federal prison of an offender not later than #c years after the date of release4 7#b7 ,supervision ,the term supervision has the meaning given that term in section #cfji of title #ah1 ,united ,states ,code4 7#c7 ,offense rate ,the term offense rate means either misdemeanor or felony convictions more than #c years after the date of release4